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Free Divorce Forms: Your Checklist

When filing for a divorce you need to fill out papers for legal settlement. There are several free divorce forms available today. Divorce forms can either be for a fault or no-fault divorce, and can involve other related forms.

The modern practice in the U.S. now allows for no-fault divorces. In the past, the court only allowed spouses to divorce in the occurrence of a liability incurred by either party. Divorce was not permitted on reasons that had no grounds, such as non-existing evidence of disloyalty, adultery or domestic abuse.

A no-fault divorce does not require spouses to have to state particular reasons to push through with their divorce. They can obtain free divorce forms any time they feel the need to end their marriage. A no-fault divorce requires no evidentiary proceedings and either party can request for a divorce whether the other agrees to it or not.

If you are looking for a free divorce form, there are things you need to consider. Free divorce forms usually do not come in highly designed packages that contain tutorials in comparison to those that you need to pay for. Thus, it is always a good idea to familiarize with the aspects and requirements involved in filing for divorce while discussing these with a legal professional.

For fault or no-fault divorce, here is some important information you need to file or can add to your checklist when discussing with your attorney:

R408 Form
Complaint for divorce
Copy (certified) of Marriage Certificate.
Financial statement
Affidavit disclosing child custody

Take note:

A period of time to answer a file is always given to the defendant, which can be 20 days.
A file for divorce can take up to 6 months to process, especially for no-fault divorce.
Filing for divorce may incur fees.
You can obtain free divorce forms online.
Forms that are printed out (especially online free divorce forms) are sometimes required to be printed on a particular type of paper with a particular color. Little details like these are vital if you want court proceedings or the divorce process to go smoothly. You can consult a legal professional about this or view some samples beforehand.

Here are other related forms that you might want to discuss with your attorney:

A Separation Agreement that includes details on custody, child support and property (must be signed by both parties)
A spreadsheet detailing Child Support Guidelines
An Affidavit of Indigence
Forms for divorce with children involved: Child Support Guidelines and PACT program (Parents and Children in Transition)
Trial Request
Marital settlement agreement with minor children forms
Marital settlement agreement with no children forms.

The information provided is only a guideline and should not be taken as legal advice. Any information you use while filing a divorce can be used counteractively in court. It is always best to consult an attorney or legal specialist before filling, signing and submitting forms.

About the Author:
Needing a divorce but to busy to walk the papers? Fill up your divorce form now at Isha Rowd’s site on How To Get A Divorce.


Frequently Asked Questions

    help filling out divorce papers?
    is there anywhere i can go for help filling out my divorce papers for free?

    • ANSWER:
      There are no such paper which u have to fill…u r talking about divorce paper not a college form…first u have to hire services of the lawyer, he will prepare the paper including few affidavits & he will submit the case into the court…court will fix the case for certain date which ur lawyer will convey u , the hearing will start on that day…
      Few courts have counseling facilities but filing a case is not free…u can take advice from the ppl there but u will have to pay them for getting divorce…

    Free Online Divorce papers website?
    I live in Illinois and I filled out a questionnaire online and it filled in divorce papers for me for free. I emailed myself a copy and when I went to print them it said that I have to go back to the website that sent me to but I don’t know what site it is. Please help!! If no one knows what site it is does anyone know of a site that I can fill out divorce papers for free

    • ANSWER:

    Can I fill out my own divorce decree papers?
    I found my state divorce decree forms (entire packet) online for free. Ok great but I’m not sure if I’m filling it out right. I mean its pretty self explanitory but I do have a few questions. Can I hand write this or does it have to be typed? Do I fill out the final decree papers or everything but that and they will do it at the court? Do I just take this to the circuit court and say I want to turn this in and pay a fee? Please help I’ve tried everything else and no answers! Thanks everyone!!

    • ANSWER:
      What state are you in?? The degrees and difficulties often involved with self filings vary widely from state to state. Also, I highly advise against you doing a self filing for many reasons. If you miss something even if it is through no fault of your own it can invalidate your entire decree. Not to mention that if your ex decides to behave like a ninny, it is a lot more difficult to stop if you do not have legal counsel. For your own sake, financial as well as emotional, I would advise you NOT to proceed without legal counsel. That having been said, in most states, divorces are handled in family court. You can easily find out where and how to file as well as the fees involved by calling the family court of the county you reside in and asking them the how to’s. Alas, it is almost never as simple as turning it in and paying a fee. It always has to be final approved by a judge. Usually the process takes a minimum of 60-90 days and that is if it is totally uncontested. If you have children involved and have custody and alimony arrangements,…needless to say can get quite involved and expensive. I have been twice divorced and both times my hide was saved by a thorough and knowledgeable attorney. I beg of you not to proceed without at least consulting one. Most initial consultations are free anyway.

    where can i get free divorce advice?
    i have some basic questions that i need help with about filing my own divorce. like do i need to fill out the part about support if i just want to continue the order that we have now and when do i need to file the fee waiver (with the divorce papers or before?) is there any websites that can help that i don’t have to pay a question for?

    • ANSWER:
      I have heard of a fee waiver but you have to have extenuating circumstances in order to get a “free divorce”. Nothing is free these days….all states require you pay a filing fee to file the papers in their courthouse and make them legal.
      If you currently have an agreement between you and your husband then you need to include a copy of the agreement, preferably a notarized copy, with the divorce papers. You do not need to make another agreement, its not necessary.

    Is there free help for getting divorce papers filed?
    I am disabled and just moved to California. I’m trying to get a legal separation and custody of my children.
    I caught my wife about a year ago having sex with various men she was meeting over the internet.
    She has abandoned her family several times to pursue these sexual encounters.
    When I finally found out about it all, she claimed she had sveral mental disorders and needed help.
    I tried to get help for her and reconcile our marriage, but it just did not work out.
    She has been diagnosed with various mental disorders and taking medication including anti-psychotics.
    She’s now living with her parents and trying to get custody of our children using her parents money to hire an attorney.
    I am on social security and can’t afford an attorney. I have proof that she is and has been mentally unstable for the last two years.
    I’ve tried legal aide, but they just give you the forms to fill out.
    I don’t know how to fill out these forms.
    I live in Madera Ca. Can anybody help?

    • ANSWER:
      When i got divorced, I was 19 and had no money or a job. I used all the legal aid i could find in the phone books. there are places that will give you free legal aid and there are places that can help get you financial aid for this process you just have to look in your yellow pages, i know they just give you forms to fill out, but there are people that can help you do that. Just tell them you need assistance. There are places like and and they try to give you all the help y ou need in getting custody of your kids. CA kind of stinks when it comes to divorces. She shouldn’t get custody if you can prove she committed adultry and if she has mulitple severe mental disablilities. If she has to stay with her parents, she is not very capable of taking care of herself. you have to show the courts that you are able to take care of your children on your own or they will give them to her. show lots and lots of proof. my dad got really screwed when my parents got divorced because he couldn’t prove things so we got stuck with her. Try those site, they’ll help at least as much as they can. good luck to you

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