Divorce checklist and paperwork organizer (United States)
For anyone divorcing or separating in the US: disclosure, retirement accounts, parenting plans and child support, on US Letter. Here is a practical way to organize your papers so you, the other side and the judge can find everything quickly.
The quick version
- Keep every document in one binder, split into the sections below.
- Write down every date and deadline the moment you get it.
- Give each piece of evidence a reference and use it everywhere.
- Number the pages and keep an up-to-date index at the front.
Documents to gather
Gather these before you complete your state's financial affidavit or meet your attorney. Tick each one off as you find it.
- Certified marriage certificate
- Photo ID for you; your spouse's identifiers (keep Social Security numbers secure)
- Prenuptial or postnuptial agreement, if any
- Prior divorce decrees or court orders for either spouse
- Date and place of marriage; date of separation, with a note of how it is evidenced
- Anything already filed or served: petition, summons, proof of service, notices
- Federal and state tax returns with all schedules, last 3 years (some states need 2)
- W-2, 1099 and K-1 forms
- Pay stubs for the last 2 to 3 months, with year-to-date figures
- Self-employed: business returns, profit and loss statements, draws, related-party payments
- Benefit statements: unemployment, disability, workers' compensation, Social Security, VA
- IRS notices or transcripts if returns are missing
- Statements for every checking, savings, money market and CD account, joint and separate
- Online payment and wallet accounts, cash held, safe deposit box contents
- Brokerage, stock option and RSU statements; cryptocurrency and other digital assets
- A one-page list of every account with owner, institution and balance at separation
- Deeds, mortgage statements, property tax bills and any appraisal for each property
- Vehicle titles, registrations and loan statements
- Business ownership documents and any valuation
- Valuables, jewelry, art, collections and a household contents list
- Proof of property owned before marriage or received as a gift or inheritance
- 401(k), 403(b), pension and government plan statements
- Plan documents and the Summary Plan Description
- The plan's QDRO procedures and model order, requested in writing
- IRA and Roth IRA statements
- Balances at the date of marriage and the date of separation
- Social Security earnings statement and the length of the marriage in years
- Mortgage, home equity loan and line of credit statements
- Auto, student and personal loan statements
- Credit card statements, medical bills and tax debts
- Debts taken on after separation, with the purpose noted; which spouse signed each debt
- Health, dental and vision plans: who is covered and the premiums
- Check how your health coverage changes after the divorce, and note the plan contact
- Life insurance policies, beneficiaries and cash value
- Auto, home or renters, umbrella, disability and long-term care policies
- Beneficiary designations on retirement accounts and insurance
- Birth certificates for each child
- Existing custody, support or protection orders
- Draft parenting plan: schedule, holidays, decisions, communication, travel
- Child-jurisdiction declaration (UCCJEA) your state requires, if you have children
- Addresses where each child has lived (court forms ask)
- Current parenting schedule and a calendar of nights with each parent
- Parenting class and mediation notices or certificates
- Child support worksheet or state calculator results
- School, medical, child care and activity records and costs
- Health insurance cards and receipts for child care and activities
- Your state's financial affidavit, declaration or net worth statement
- Supporting documents your state lists, attached or ready to exchange
- Proof you sent or served your disclosure
- Court notices and orders in date order
- Contacts: attorney, mediator, accountant, court clerk, plan administrators
- Messages about separation, money or parenting, stored safely (don't post online)
- Parenting & Communication Log
Dates and deadlines to track
- Date of marriage
- Date of separation
- Date petition or complaint filed
- Date spouse served
- Response due
- Financial disclosure due and sent
- Earliest judgment date (waiting period)
- Next hearing, mediation or class date
Always use the exact dates in your court or tribunal letters and orders.
How to section your binder
What this binder is for
Case Ready is a document organization and preparation tool that helps you present your case materials clearly. This edition is designed with reference to divorce and separation in the United States, using state court self-help sites plus US Department of Labor and IRS guidance.
- Organize documents logically
- Keep materials in order
- Prepare for hearings and deadlines
What this binder is not
Case Ready:
- Does not provide legal advice
- Does not tell you what arguments to make
- Does not guarantee any outcome
If you need legal advice, speak to a family law attorney, your state court's self-help center or free legal help through LawHelp.org.
How divorce works here
Divorce is state law, so the court, forms, deadlines and words differ by state and often by county. This organizer shows the common pattern and uses California, Texas, New York, Florida and Illinois as examples. Use your own state's forms.
- Residency: 6 months in California, Texas and Florida, 90 days in Illinois. Some add county time. New York varies.
- All five example states allow a no-fault ground. Texas and New York also list fault grounds.
- The spouse who files is the petitioner (plaintiff in New York). The other is the respondent (defendant).
- File in the right court and county, with the child-jurisdiction declaration if you have children.
- Serve your spouse formally. In California a non-party adult serves; in New York service is due within 120 days.
- Your spouse's time to respond runs from service: 30 days in California, 20 days in Florida. Check yours.
- Waits differ: California 6 months from service, Texas 60 days from filing, Florida 20 days from filing.
A waiting period doesn't end the case. Disclosures, an agreement or trial, and a signed judgment are still needed. Texas generally bars marrying a new partner before the 31st day after the decree.
The money side
States name their sworn financial forms differently. Most ask for income, expenses, assets, debts, health insurance and child care costs. Fill yours from real statements, not guesses.
- California: Declaration of Disclosure FL-140 with FL-150 and FL-142 or FL-160. FL-141 confirms service.
- New York: Statement of Net Worth. Florida: Financial Affidavit, short form 12.902(b) or long form 12.902(c).
- Illinois: statewide Financial Affidavit. Texas: sworn Inventory and Appraisement if ordered or required locally.
- Timing: California 60 days after you file the Petition or Response; Florida 45 days after service.
- New York: exchange the Statement of Net Worth at least 10 days before the Preliminary Conference.
- Expect 2 to 3 years of tax returns, recent pay stubs and account statements, with values at marriage and separation.
- Taxes: child support isn't deductible or taxable. Alimony under agreements signed after 2018 isn't either.
California and Texas are community property states. Florida and Illinois divide property equitably. Keep proof of what you owned before the marriage.
Retirement accounts and qdros
A divorce decree alone doesn't move money out of a 401(k) or pension. A QDRO (qualified domestic relations order) lets an ERISA plan pay part of a benefit to a spouse or former spouse. Start early.
- The plan administrator, not the divorce court, decides if an order qualifies. A signed settlement alone isn't enough.
- Ask the plan in writing for the plan document, Summary Plan Description, QDRO procedures and recent statements.
- Ask for a model QDRO and pre-approval if offered. Cover survivor benefits and who pays plan costs.
- A QDRO names both people and their last known addresses, each plan, the amount or percentage, and the payment period.
- Send the court-signed order to the plan and get written confirmation that it qualifies.
- Usually only contributions made during the marriage, and their growth, are divided. Social Security can't be divided.
- Illinois Legal Aid says IRAs need no QDRO and are divided in the judgment. Check your state.
The Department of Labor warns mistakes are hard to fix once the divorce is final. A divorced spouse may claim Social Security benefits after a marriage of 10 years or more.
Children: custody terms and plans
Courts decide on the child's best interests, and family violence is a factor. Terms differ by state, so this organizer says decision-making, parenting time and where the children live, and shows your state's words beside them.
- California: legal custody (major decisions) and physical custody (where the children live most), each joint or sole.
- Texas: conservatorship. Most orders name joint managing conservators and attach the Standard Possession Order.
- Florida: shared parental responsibility and a time-sharing schedule, with a rebuttable presumption of equal time.
- Illinois: allocation of parental responsibilities (decisions, parenting time). Plan due 120 days after filing/service.
- A parenting plan sets where the children live, the schedule and holidays, major decisions, communication and travel.
- If you can't agree, the judge decides (California) or weighs each parent's plan (Illinois).
- Family violence can change the standard schedule in Texas and is a factor in California. Tell the court early.
Texas joint custody doesn't mean equal time. In New York the Parent Education and Awareness Program handbook explains custody terms. Check your state's relocation rules.
Children: support and mediation
Each state has a child support guideline, and the figures are updated often. Use your state's official calculator or worksheet, and check the current numbers before relying on anything printed here.
- California uses a statewide formula with certified calculators. Texas uses a percentage of net resources.
- Illinois uses income shares: each parent pays a proportional share. Shared care starts at 146 overnights each.
- New York: Child Support Worksheet UD-8(3). Florida: file a guidelines worksheet (12.902(e)) for the support hearing.
- California requires mediation, or child custody recommending counseling, before a custody hearing.
- Florida requires mediation in most family cases; Illinois for disputed parenting issues. Texas courts can order it.
- Parenting classes: Florida and Illinois require them where children are involved; many Texas counties do too.
- Tell the court or mediator early about family violence. Safety options exist, and Texas allows an objection.
Guideline caps and tables change every year in several states. Check the current figure, and keep your log of payments and schedule changes.
Terms used in this organizer
- Petitioner and respondent: who files and who replies. New York says plaintiff and defendant.
- Dissolution of marriage: the formal name for divorce in California, Florida and Illinois.
- Judgment or decree: the final order. Texas says Final Decree of Divorce; California says Judgment.
- Financial affidavit, declaration or net worth statement: your sworn list of income, expenses, assets and debts.
- QDRO: qualified domestic relations order for ERISA plans. Government and church plans may use other rules.
- UCCJEA declaration: the child-jurisdiction form most states use, listing where your children have lived.
- Parenting time: the time a child spends with each parent. Also called visitation, time-sharing or possession and access.
Your state and county may use other words. Follow the words on your own court forms.
Who this is for
Anyone divorcing or separating in the United States who is sorting out money and children. This edition uses examples from California, Texas, New York, Florida and Illinois. For every other state, use your own state's court self-help center. General information, not legal advice.
- In an emergency, call 911. National Domestic Violence Hotline: 1-800-799-7233.
- Free legal information and legal aid by state: LawHelp.org. Start with your state court's self-help site.
- California selfhelp.courts.ca.gov, Texas texaslawhelp.org, New York nycourts.gov/divorce-resources.
- Florida floridalawhelp.org. Illinois illinoislegalaid.org.
- Retirement: the US Department of Labor QDRO practical guide. Taxes: IRS Publication 504.
- Military spouses, foreign assets or a business may need specialist advice beyond a self-help organizer.
Rules, forms and deadlines vary by state and often by county. Check your own court's site before you file.
Hearings & practicalities
On the day of your hearing:
- Bring the copies you have been asked for
- Keep this binder with you
- Use it to find documents quickly
Judges, tribunal members and staff expect parties to be organized and to follow procedure.
Before your hearing
- Financial affidavit or disclosure completed from real statements
- Tax returns, W-2s, pay stubs and account statements gathered
- Retirement statements and QDRO procedures requested in writing
- List of property owned before marriage, gifts and inheritances
- Mediation notice, class certificates and court dates on hand
- Draft parenting plan: schedule, holidays, decisions, travel
- Child support worksheet or state calculator results printed
- Calendar of nights each parent has the children
- Child care, health insurance and school costs listed with receipts
- Parenting & Communication Log up to date
Save time with Case Ready
Case Ready is a printable, fillable case binder for divorce and separation (USA): front sheet, dividers, key dates sheet, evidence index and more, with your case details on every page. Type into it on screen or print it at home.
This binder is a general organizational aid. Procedure varies by court, tribunal and case type. You are responsible for following the rules, orders and directions that apply in your case. Nothing in this binder is legal advice.