Florida Divorce Checklist: 27 Documents You Need Before Filing

One of the most overwhelming parts of preparing for divorce is not the emotions, though those are real enough. It is the paperwork. Florida's divorce process requires a significant amount of documentation, and missing even one critical document can delay your case by weeks or force you to make multiple trips to the courthouse.

We have compiled every document you need into a single, organized checklist. These 27 items are grouped into five categories: personal identification, financial records, property and debt documentation, children's records, and legal forms. Not every item will apply to your situation, but going through the complete list ensures nothing falls through the cracks.

Take this one category at a time. You do not need to gather everything in a single day. What matters is that you have everything ready before you file your petition.

Why Document Preparation Matters

Before we dive into the checklist, let us be clear about why this matters so much. Florida requires both spouses to file sworn Financial Affidavits in nearly every divorce proceeding. These are legal documents submitted under penalty of perjury. Every number on that affidavit needs to be accurate and supported by documentation.

Judges and opposing attorneys will scrutinize these figures. Inconsistencies can lead to accusations of hiding assets, sanctions from the court, or an unfavorable judgment. The time you invest now in thorough document gathering will pay for itself many times over.

Additionally, having your documents organized dramatically reduces attorney fees if you hire one. Lawyers bill by the hour, and they charge the same rate whether they are reviewing your well-organized file or spending three hours hunting for a bank statement you should have provided.

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Pro Tip: Create a dedicated folder (physical or digital) for your divorce documents. Label sub-folders by category. This single act of organization will reduce your stress more than almost anything else you can do right now.
        

The Complete Checklist

👤 Category 1: Personal Identification 5 items

These are the foundational documents that establish who you are, your residency, and your marital status.

1. Government-Issued Photo ID Florida driver's license, state ID card, or valid passport. This also serves as proof of identity at the clerk's office and at hearings.
2. Certified Marriage Certificate Not a photocopy. Order from the Florida Bureau of Vital Statistics ($5 online) if married in Florida, or from the issuing jurisdiction if married elsewhere. Some courts accept photocopies with the original available for inspection.
3. Proof of Florida Residency Florida driver's license, voter registration card, utility bills in your name, lease agreement, or an affidavit from a third party. At least one spouse must prove six months of continuous Florida residency.
4. Social Security Cards (Both Spouses) Required for the financial affidavit and for child support calculations. If you do not have your spouse's card, their SSN will suffice; it can be obtained through discovery if needed.
5. Prenuptial or Postnuptial Agreement If one exists, locate the original signed copy. This document may control property division, alimony, and other terms. If you cannot find it, your attorney or the attorney who prepared it should have a copy.

💰 Category 2: Financial Records 10 items

This is the largest and most critical category. These documents feed directly into your Financial Affidavit and form the basis for property division, alimony, and support calculations.

6. Three Years of Federal and State Tax Returns Include all schedules, W-2s, 1099s, and K-1s. If self-employed, include Schedule C, business returns, and profit/loss statements. Request copies from the IRS using Form 4506-T if you do not have them.
7. Recent Pay Stubs (Last 3 Months) For both spouses. These show current gross and net income, deductions, year-to-date earnings, and employer-provided benefits. If self-employed, use profit/loss statements from the current year.
8. Bank Statements (Last 12 Months) For ALL accounts: checking, savings, money market, and CDs. Include joint accounts and individual accounts held by either spouse. These reveal spending patterns, transfers, and hidden accounts.
9. Investment and Brokerage Account Statements Last 12 months of statements for stocks, bonds, mutual funds, ETFs, cryptocurrency wallets, and any other investment accounts. Include the most recent statement showing current balances.
10. Retirement Account Statements 401(k), 403(b), IRA, Roth IRA, pension statements, and any other retirement accounts. These are often the largest marital assets after real estate. Note: dividing retirement accounts may require a Qualified Domestic Relations Order (QDRO).
11. Credit Card Statements (Last 12 Months) For ALL credit cards held by either spouse, including joint cards. These show spending patterns and outstanding balances. Note which debts were incurred during the marriage.
12. Loan Documents Mortgage statements, auto loans, personal loans, student loans, home equity lines of credit. Include the original loan agreements and most recent statements showing balances.
13. Life Insurance Policies For all policies on either spouse, including employer-provided coverage. Note the beneficiary designations, cash value (for whole life policies), and premium amounts.
14. Health Insurance Information Current policy details, premium costs, who is covered, and employer contribution amounts. Important for determining post-divorce coverage and associated costs.
15. Business Ownership Documents If either spouse owns a business: articles of incorporation, operating agreements, partnership agreements, business tax returns (last 3 years), profit/loss statements, and business bank statements. A business valuation may be required.

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🏠 Category 3: Property and Assets 5 items

Documentation of everything you and your spouse own, both together and individually.

16. Property Deeds and Titles For all real estate: primary residence, vacation homes, rental properties, vacant land. Include the deed (showing ownership), most recent property tax assessment, and any recent appraisals.
17. Vehicle Titles and Registration For all cars, trucks, motorcycles, boats, RVs, and other vehicles. Note which name(s) appear on the title and any outstanding loan balances.
18. Valuable Personal Property Documentation Appraisals or purchase receipts for jewelry, art, antiques, collectibles, firearms, and other valuable items. Photographs with timestamps can serve as documentation. Include items in safe deposit boxes.
19. Safe Deposit Box Inventory If either spouse has a safe deposit box, document its contents. Take photographs and create a written inventory. Consider having a witness present when inventorying.
20. Digital Asset Documentation Cryptocurrency holdings, NFTs, domain names, online businesses, social media accounts with monetary value, rewards points and airline miles. These are increasingly significant marital assets.

👶 Category 4: Children's Records 5 items

If you have minor children, these documents are essential for the parenting plan and child support calculations.

21. Children's Birth Certificates For all minor children of the marriage. If adopted, include adoption decrees. These establish parentage and are required for custody proceedings.
22. Children's Social Security Cards Required for child support calculations and tax dependency claims. Note which parent has been claiming the children as dependents.
23. School and Daycare Records Current enrollment information, tuition costs, report cards, and records of which parent is listed as the primary contact. Include any special education plans (IEP/504).
24. Children's Medical Records and Insurance Pediatrician information, vaccination records, prescription medications, therapy or counseling records, dental and orthodontic records, and health insurance policy details. Include documentation of any special needs.
25. Extracurricular Activity Documentation Registration records, costs, and schedules for sports, music lessons, tutoring, camps, and other activities. These factor into child support calculations and parenting time schedules.

⚖ Category 5: Legal Forms and Court Documents 2 items

The actual legal paperwork you will file with the court.

26. Petition for Dissolution of Marriage (Form 12.901) The primary filing document. Use Form 12.901(a) for simplified dissolution, 12.901(b)(1) for regular dissolution without children, or 12.901(b)(2)/(b)(3) with children. Download free from the Florida Courts Self-Help website.
27. Financial Affidavit (Form 12.902) Use the Short Form 12.902(b) if gross annual income is under $50,000, or Long Form 12.902(c) if $50,000 or more. This is a sworn document listing all income, expenses, assets, and liabilities. Must be notarized.

Additional Forms You May Need

Depending on your specific circumstances, you may also need:

Parenting Plan (Form 12.995(a)): Required if you have minor children. Details custody, visitation schedule, and decision-making authority.
Child Support Guidelines Worksheet (Form 12.902(e)): Calculates child support based on both parents' income and the time-sharing schedule.
Marital Settlement Agreement: A comprehensive written agreement covering all terms of the divorce. Required for uncontested divorces.
UCCJEA Affidavit (Form 12.902(d)): Required in all cases involving minor children. Discloses where the children have lived for the past five years.
Notice of Social Security Number (Form 12.902(j)): Filed separately and kept confidential by the court.
Cover Sheet for Family Court Cases (Form 12.928): Administrative form required by most circuit courts.

How to Get Documents You Do Not Have

It is common for one spouse to have limited access to financial records, especially in marriages where one partner managed all the money. Here are legitimate ways to obtain what you need:

Tax Returns

Request transcripts free from the IRS by filing Form 4506-T online or by mail. Transcripts are usually available within 5-10 business days and cover the last three years. For full copies with all attachments, file Form 4506 ($43 fee per return).

Bank and Financial Statements

If your name is on the account, you can request statements directly from the financial institution. Most banks provide up to seven years of statements online or for a small fee. If your name is not on the account, you will need to use the formal discovery process after filing.

Property Records

Property deeds and tax assessments are public records. Visit your county Property Appraiser's website for assessed values and the Clerk of Court's website for recorded deeds. This information is typically free.

Credit Reports

Pull your own credit report (free annually from each bureau at AnnualCreditReport.com). This will reveal accounts you may not know about, including credit cards and loans in your name or jointly held. You cannot pull your spouse's credit report, but discovery can compel them to produce it.

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Important: Never access your spouse's accounts, email, or devices without authorization. While it may be tempting to gather evidence, unauthorized access can violate Florida's Computer Fraud and Abuse statute and harm your case. Use legal channels: formal discovery, subpoenas, and court orders.
        

Organizing Your Documents

Once you have gathered everything, organization is key. Here is a system that works:

Create five main folders matching the categories above: Personal, Financial, Property, Children, Legal
Make two copies of everything: one for yourself and one for your attorney (if you have one) or for the court
Store originals in a safe place your spouse cannot access, such as a locked filing cabinet, a trusted family member's home, or a safe deposit box in your name only
Create a digital backup: scan or photograph every document. Store in a secure cloud account only you can access
Keep a running list of documents you still need, noting where to get them and any deadlines

What Happens If Documents Are Missing at Filing

You do not need every single document to file the initial petition. The petition itself and the filing fee are all that is technically required to get started. However, the financial affidavit and supporting documents must be filed within 45 days of the petition being served on your spouse.

If documents are genuinely unavailable (for example, your spouse controls all financial records and refuses to cooperate), the discovery process provides legal tools to compel production:

Interrogatories: Written questions your spouse must answer under oath
Requests for Production: Formal demand for specific documents
Subpoenas: Court orders compelling banks, employers, or other third parties to produce records
Depositions: Sworn, recorded testimony where your spouse must answer questions about finances

These tools exist precisely because not every divorce is cooperative. You should not let a missing document prevent you from moving forward when the legal system provides remedies.

Frequently Asked Questions

What documents do I need to file for divorce in Florida?

At minimum, you need: a completed Petition for Dissolution of Marriage (Form 12.901), a Financial Affidavit (Form 12.902), proof of Florida residency, your marriage certificate, government-issued photo ID, three years of tax returns, recent pay stubs, bank and investment statements, and property records. If you have children, you also need a Parenting Plan and child-related documentation.

Do I need my original marriage certificate to file for divorce in Florida?

You do not need the original marriage certificate to file the petition, but you will need a certified copy. If you were married in Florida, you can order one from the Florida Department of Health Bureau of Vital Statistics. If married in another state or country, contact that jurisdiction's vital records office. Most courts accept certified copies, not photocopies.

How many years of tax returns do I need for a Florida divorce?

Florida courts typically require the last three years of federal and state income tax returns, including all schedules and W-2 or 1099 forms. If your income varies significantly year to year (self-employment, commissions, bonuses), the court may request up to five years to establish an accurate income picture.

What if my spouse controls all the financial documents?

If your spouse controls the financial records and will not share them, you have several options: request copies of tax returns from the IRS (Form 4506-T), obtain bank statements directly from your financial institutions, request property records from your county appraiser's office, and use the formal discovery process after filing to compel document production.

Do I need to list every single asset and debt in my financial affidavit?

Yes. Florida's financial affidavit is a sworn document filed under penalty of perjury. You must disclose all assets, income, expenses, and liabilities, even those you believe are solely yours. Failure to disclose can result in sanctions, reopening of the case, or even criminal charges for fraud.

What children's documents do I need for a Florida divorce?

If you have minor children, gather: birth certificates, Social Security cards, school enrollment records, medical and dental records (including insurance information), any existing custody or support orders from prior relationships, documentation of special needs or therapy, and records of extracurricular activities and associated costs.

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Disclaimer: This article is for informational purposes only and does NOT constitute legal advice. DivorcePro is a document organization and planning tool, not a law firm. Every divorce situation is unique. For legal advice specific to your circumstances, consult a licensed Florida family law attorney. Information is current as of March 2026 but laws and requirements may change.