Divorce papers & forms (2026 guide)

If you are considering divorce in 2026, you will quickly discover that a significant amount of paperwork is involved. From the initial forms that open your case to the documents required to finalize it, understanding what you will need is essential.

Accurately completing and promptly filing each form helps keep your case moving forward and reduces the risk of delays. While the paperwork can feel overwhelming, this 2026 guide walks you through what to expect. You will learn which documents are commonly required and what happens after you submit your initial forms.

Key Takeaways

What do divorce papers look like?

States often provide pre-printed or fillable PDF divorce forms that you can use to begin the process. These forms typically include a caption with your court’s name and address, blank fields for your names, and your case number once assigned. Many divorce documents also require a verification section at the bottom where you sign under penalty of perjury that your statements are true and correct.

While the caption and verification sections usually stay the same across forms, the remaining content changes based on the type of document you are filing.

Many state court systems publish standardized divorce packets online so you can see exactly what the required forms look like. For example, the New York Unified Court System, Illinois Courts, and Washington Courts all offer free, fillable divorce forms.

**2026 update:** Many courts now offer digital divorce forms that can be completed online or uploaded through secure court portals. Check your local court’s website to see whether 2026 divorce paperwork is available through an e-filing system, which can streamline the filing process.

Papers to start a divorce

A divorce begins when one spouse files the initial request with the correct family court. Terminology varies by state. Examples include:

This initial filing usually requires information about you, your spouse, your marriage, any children involved, and the grounds for divorce. Some states also require preliminary financial disclosures.

You must file your paperwork with the correct court, which generally depends on residency. Requirements vary widely. Some states require as little as three months of residency. Others require one or two years.

2026 update:

Most states now publish initial divorce forms online as fillable PDFs. Searching for “[Your State] court divorce forms 2026” often leads you to the correct documents.

How to serve divorce papers

If you file alone, the court requires you to serve your spouse with the divorce petition and a summons. A sheriff, professional process server, or eligible adult may complete service, depending on the state. After service, the person who delivered the documents completes an affidavit of service explaining how delivery occurred.

Once service is complete and your affidavit is filed, your divorce case officially begins.

2026 update:

Some states now allow electronic service of divorce documents in limited circumstances. Check your local rules to see whether electronic service is permitted for your case.

How much are divorce papers?

Most states provide approved 2026 divorce forms online at little or no cost. If you cannot find the forms on your court’s website, contact your local clerk.
2026 divorce filing fees:

Filing fees vary significantly by state and county and have increased in many jurisdictions since earlier years. For context, here are examples from states where Marblely practices:

Always confirm your court’s filing fees, as current costs may be different.

2026 fee waivers:

If the filing fee presents a hardship, you may be able to request a waiver. Most courts allow filers with limited financial resources to apply for assistance. Ask your clerk about the 2026 fee waiver forms and eligibility.

What happens after divorce papers are filed?

Once you file your divorce papers, your spouse has an opportunity to respond. After they do, you can move forward with collecting evidence, negotiating an agreement and taking issues to trial, if necessary, to finalize your divorce.

Your spouse can submit their response

After one spouse files divorce papers, the other party has an opportunity to file a response. In this document, they may contest the filing spouse’s claims or the relief they have requested, such as: 

Most states give a respondent somewhere between 21 to 30 days to respond to divorce papers. If the respondent doesn’t timely submit a response or appear in court when directed to do so, the family court might decide all divorce matters according to the spouse who filed for divorce, or at least without the respondent’s input. 

The parties may have to meet to discuss how the case will proceed

Once the court has a properly served divorce petition and an answer from the other spouse (or the timeline for answering has passed), both spouses may be required to attend an initial conference to discuss what information each spouse needs to submit and other actions they need to take to finalize the divorce. Information you might have to submit before a court can issue a divorce decree could include, and isn’t limited to:

Sworn financial statements regarding your assets and liabilities
A parenting plan to address the custody and support of children you share with your spouse.

A separation agreement regarding how you and your spouse will share debts, divide property, handle spousal support, and share parenting responsibilities.

2026 update:
Many courts now allow these conferences to occur virtually. Ask the clerk whether remote attendance is available in your jurisdiction.

The parties may engage in discovery

Discovery is the process of collecting evidence for a legal proceeding. During this phase of a divorce case, spouses might have to gather some or all of the following :

To obtain some of this information, you might have to file and serve a subpoena on the witness or organization that has the information. Subpoenas often have the case caption at the top of the document and a proof of service at the bottom, as well as information about when the witness must appear in court or what documents the recipient must provide to the court or the parties. 

You can also request information in your spouse’s possession through interrogatories and requests for production.

The parties may file several motions to protect their interests during proceedings

The process of divorcing can be lengthy, and during that time, the parties may have concerns about their personal or financial well-being or the immediate needs of their children. For instance, they might disagree about who gets to stay in the marital home or how to treat their child’s urgent medical issue while a divorce is pending. One may also have concerns about a spouse’s threats of violence. 

In these instances, you may file a motion for a preliminary injunction or temporary restraining order from the court. With an injunction or a restraining order, the court can order a spouse to comply with a specific treatment plan for their child, find different housing, stay away from a spouse or child they have threatened or take any other actions the court deems necessary.

The parties may engage in alternative dispute resolution

Some divorce cases don’t make it to court because the spouses can settle their differences through negotiation, arbitration, or mediation. The parties may decide to do this on their own, or a court may suggest pre-trial mediation to see if the spouses can resolve some or all of the divorce matters without a hearing.

Many courts now encourage or require mediation before trial. In 2026, mediation is often available both in person and through secure online platforms.

The parties may go to court

If you’re unable to reach an agreement with your spouse through mediation, you’ll have to take your case to court. Both parties have the opportunity to present their evidence to a judge, who makes a final decision on all divorce issues.

If you resolved some issues during mediation, you can sign a partial agreement with your spouse and have the judge consider the remaining issues. This may reduce the time and cost your trial will take.

The court enters its divorce decree

After divorcing spouses complete and sign a reasonable separation agreement, settle their issues in mediation or arbitration or argue all outstanding issues in court, the court issues a divorce decree to make the divorce official. This decree specifies how the parties will divide parenting responsibilities, liabilities and assets. It also outlines spousal support, when applicable.

If your circumstances change substantially after the court enters the decree, you may have the option of filing a petition to modify certain types of orders, like support orders and child custody. But other matters, such as property division, generally can’t be changed down the road.

How an attorney can help

Many people choose to work with a divorce attorney, like those who work with Marblely, for guidance and to ensure the accuracy of their documents. An experienced attorney can:

2026 update:

Many family law attorneys now offer remote consultations and digital document reviews, making it easier to get help from anywhere.

FAQs