The Divorce Petition Is Filed… But Where Are Your Papers?

Why the court cares so much about your paperwork

It’s tempting to think a divorce is mostly about telling your story: what went wrong, who did what, who should get what. But courts run on documents, not vibes.

Judges need:

• Proof of jurisdiction (can this court even hear your case?).
• Proof of the marriage.
• Proof of income and assets.
• Proof of debts.
• Proof of where your children have been living.

No proof, no progress. That’s why courts in the U.S. typically require a stack of supporting documents alongside the divorce petition itself.

Take Maria, for example. She filed in Texas, confident she had “everything.” Birth certificates, marriage certificate, a few pay stubs. Then the court asked for a sworn inventory of community property, recent tax returns, and proof of residency. Her first hearing got pushed back two months while she scrambled to pull it all together. That delay cost her extra attorney fees and, frankly, a lot of sleep.

Let’s avoid Maria’s situation.

Your identity and your marriage: proving the basics

The documents that say “Yes, this is really you”

Courts want to know exactly who is asking for a divorce. That means you’ll usually need:

• Government‑issued photo ID: driver’s license, state ID, passport, or military ID.
• Proof of current address: a utility bill, lease, mortgage statement, or similar document, especially in states with strict residency rules.

Residency matters because each state has its own rules about how long you must live there before filing. For example, California typically requires at least six months of state residency and three months in the county where you file. Many courts explain these requirements on their own sites; a good starting point is the U.S. Courts overview of federal and state courts, which links out to state systems.

If your address situation is messy (couch‑surfing, staying with family, or moving between states), it’s worth gathering multiple items that show where you’ve been living over the last few months.

The marriage certificate: the document everyone forgets to find

It sounds obvious, but you’d be surprised how many people can’t find their marriage certificate when it’s time to file. The court needs proof that a valid marriage exists before it can dissolve it.

You’ll generally need:

• A certified copy of your marriage certificate from the county or vital records office where you were married.

If you married abroad, you may need:

• A certified translation.
• Proof that the foreign marriage is recognized where you live.

Many states let you order certified copies online through their vital records office or a linked portal. For background on how vital records work, the CDC’s National Center for Health Statistics has a helpful state‑by‑state directory for ordering marriage and other records.

Now, if you’re thinking, “But we already gave the court a copy when we got our marriage license,” that was then. The divorce court usually wants its own certified copy now.

Children in the picture? The paperwork multiplies

When kids are involved, courts become (understandably) obsessed with details. They’re not just splitting a relationship; they’re making long‑term decisions about custody, parenting time, and child support.

Documents that tell the court who your children are

You’ll typically be asked for:

• Birth certificates for each child.
• Adoption orders or guardianship orders, if applicable.

If the children are not biologically related to both spouses, or if there’s any dispute about parentage, you may also see requests for prior paternity orders, acknowledgments of paternity, or DNA test results.

Where the kids have been living (and why it matters so much)

Under the Uniform Child Custody Jurisdiction and Enforcement Act (UCCJEA), which most U.S. states follow, courts care a lot about where a child has lived for the last six months. That’s often what determines which state actually has the right to make custody decisions.

To support your petition, it helps to gather:

• School or daycare enrollment records.
• Medical records or immunization forms listing the child’s address.
• Lease agreements or mortgage statements showing where the child has lived.
• Any prior custody or visitation orders from any court.

Take Jamal and Erin. They moved from Illinois to Florida with their 6‑year‑old, then separated three months later. Jamal rushed to file in Florida. The judge took one look at the timeline and said, in effect, “Nice try, but Illinois still has jurisdiction.” The lack of consistent address documentation made the whole process longer and more stressful than it needed to be.

If your family has moved across state or national borders, it’s worth double‑checking jurisdiction rules on your state court site or via resources like USA.gov’s guide to state courts.

Health and special needs information

Courts also want to know if children have:

• Significant medical conditions.
• Special education plans (IEPs or 504 plans).
• Ongoing therapy or counseling.

You don’t have to dump an entire medical file on the court, but key records, diagnoses, or education plans can matter for custody and parenting time decisions.

Money on the table: income, assets, and debts

This is where the divorce process starts feeling less like a breakup and more like a forensic accounting project.

Income proof: what you actually earn, not what you wish you earned

Courts can’t set child support or spousal support (alimony) in a vacuum. They need real numbers. Typically, you’ll be asked for:

• Recent pay stubs (often 2–3 months, sometimes more).
• W‑2s and/or 1099s for the last year or two.
• Federal and state tax returns, usually for the last 2–3 years.
• Documentation of any other income: bonuses, commissions, rental income, self‑employment income, unemployment benefits, disability benefits, or pensions.

If you’re self‑employed, expect extra scrutiny. Bank statements, profit‑and‑loss statements, and business tax returns often become part of the file. It’s not personal; courts just know how easy it is for self‑employment income to be, let’s say, “flexible” on paper.

Assets: what you own (and what you co‑own)

To divide property, the court needs a snapshot of everything on the table. That usually includes:

• Real estate: deeds, mortgage statements, property tax statements, and any recent appraisals.
• Bank accounts: checking, savings, money market accounts—recent statements for each.
• Retirement accounts: 401(k), IRA, pensions—plan statements and summaries.
• Investments: brokerage accounts, stocks, bonds, mutual funds, crypto accounts.
• Vehicles: titles, loan statements, and sometimes valuation reports (think Kelley Blue Book printouts).
• Business interests: ownership documents, partnership agreements, or corporate records.

In community property states (like California, Texas, Arizona, and a few others), the line between “mine” and “ours” can get blurry fast. That’s where documentation about when an asset was acquired (before or during the marriage) becomes very important.

Debts: the part everyone wishes they could ignore

It’s not just about what you own; it’s also about what you owe. Courts typically want:

• Credit card statements.
• Student loan statements.
• Auto loan statements.
• Personal loans or lines of credit.
• Medical bills.
• Tax debt notices or payment plans.

Consider Lena and Mark. They both assumed “whoever’s name is on the credit card pays the bill.” Their state, however, treated most debts run up during the marriage as marital, regardless of whose name was on the account. Once their attorneys laid out the statements and dates, the picture changed dramatically. Documentation made the difference between guesswork and a fair division.

When support is an issue: child support and alimony paperwork

If you’re asking for child support or spousal support, or expect to pay it, the documentation burden goes up a notch.

Child support calculations

Most states use formulas that factor in:

• Each parent’s income.
• Health insurance costs for the children.
• Work‑related childcare costs.
• Extraordinary expenses (for example, ongoing medical needs).

To back this up, you may need:

• Health insurance policy documents and premium statements.
• Proof of childcare expenses: daycare invoices, after‑school program bills, nanny contracts.
• Records of any government benefits the child receives.

Many state court sites provide child support calculators and explain what documents they expect. While not a divorce‑specific resource, USA.gov’s benefits page is useful for understanding how certain public benefits might intersect with support obligations.

Spousal support (alimony)

When alimony is on the table, courts look closely at:

• The standard of living during the marriage.
• Each spouse’s ability to pay.
• Each spouse’s need.

That’s where documents like:

• Monthly budgets or expense summaries.
• Receipts for major recurring costs (rent, utilities, insurance, transportation, medical expenses).
• Proof of any disabilities or long‑term health issues affecting work capacity.

can become very relevant.

Protection orders, prior cases, and the “legal history” folder

Divorce doesn’t happen in a vacuum. If there have been other court cases involving you, your spouse, or your children, the divorce court usually wants to know.

Relevant documents can include:

• Prior divorce or separation orders between the same parties.
• Domestic violence or civil protection orders.
• Criminal case records involving either spouse, especially if related to violence, substance use, or child safety.
• Prior custody or child support orders from any state.

Take Noor, who had a standing protection order against her spouse in another county. She assumed the divorce court would “see it in the system.” They didn’t. Once her attorney filed a certified copy, the judge adjusted temporary custody and visitation terms immediately. The piece of paper changed the entire tone of the case.

If you’ve moved between states, it’s worth tracking down certified copies of any prior orders. Courts tend to trust certified copies far more than printouts from random online docket sites.

Digital life, social media, and the evidence you didn’t plan to use

This is where things get a bit uncomfortable, but it’s part of modern divorce reality.

Courts are increasingly seeing:

• Text messages and emails about parenting, money, and threats.
• Social media posts that contradict claims about income, sobriety, or parenting.
• Banking app screenshots and payment app histories (Venmo, Cash App, PayPal).

Now, should you print your entire text history? Probably not. But if there are messages that directly support your requests—say, repeated admissions about income, or written agreements about parenting time—those can become powerful exhibits.

Just remember: evidence rules still apply. Before you flood the court with screenshots, it’s wise to talk to an attorney or at least review your state’s rules of evidence and local court guidelines.

Organizing your documents so the court doesn’t hate you

You can have all the right documents and still cause chaos if everything is thrown together randomly. Judges and court clerks are human. They appreciate organization.

A practical approach:

• Sort by category: identity, marriage, children, income, assets, debts, legal history.
• Label clearly: use simple, descriptive titles on both physical folders and digital files.
• Match documents to forms: if your state’s divorce petition asks specific questions, line up documents that answer them.

Think of it like building a file for an audit. The more clearly your documents support the claims in your petition, the less likely you are to face delays.

If you’re filing without a lawyer, many state court websites offer self‑help packets that list what to attach and what to keep for later. A useful general starting point is the National Center for State Courts directory, which links to individual state court resources and self‑help centers.

When documents are missing or impossible to get

Real life is messy. Maybe your spouse controls all the financial records. Maybe you fled an abusive situation and left everything behind. Or maybe the bank holding your old mortgage merged three times and no one seems to know where your statements went.

Courts know this happens. They usually offer some workarounds:

• You can request documents directly from banks, employers, and institutions.
• During the case, you can use discovery tools (subpoenas, document requests) to force disclosure.
• You can file declarations explaining what’s missing and why.

The key is to be honest and proactive. If you simply stay vague—“I don’t know what we own, my spouse handled everything”—you risk an outcome that doesn’t reflect reality. If you say, “I don’t have the documents yet, here’s what I do know, and here’s what I’m doing to get them,” courts tend to be more patient.

FAQ: Short answers to questions people actually ask

Do I have to submit all these documents with the initial petition?

Not always. Many courts only require a subset (identity, marriage certificate, basic financial info) at filing, and then set deadlines for detailed financial disclosures later. Your state’s court website or local rules usually spell this out.

What if my spouse refuses to share financial information?

You can use the court process to get it. That can include formal discovery, subpoenas to banks or employers, and court orders compelling disclosure. It may take time, but you are not stuck at the mercy of your spouse’s cooperation.

Can I file for divorce without a marriage certificate?

Sometimes, but you’ll likely need to explain the situation and show alternative proof: a record from the vital records office, witness statements, or prior legal documents that reference your marriage. Many judges still prefer a certified copy, so it’s worth making a serious effort to obtain one.

Do I need to bring original documents to court?

Often you’ll file copies with the court, but may be asked to bring originals to a hearing for verification. Local rules differ, so check your state’s guidance or ask the clerk’s office what they prefer.

Is it safe to include sensitive information like Social Security numbers?

Courts are aware of privacy risks. Many require you to use confidential information sheets or redact certain data (for example, only the last four digits of a Social Security number). Follow your court’s specific instructions on redaction and confidential filings.

If you’re staring at a growing pile of papers and thinking, “This is a lot,” you’re not wrong. But a well‑organized document set turns your divorce petition from a simple form into a persuasive, fact‑backed request the court can actually work with. And in a process that’s emotionally draining already, having your paperwork under control is one of the few things you can really own.