Documents and Steps to File for Divorce

Not necessarily — an uncontested divorce with a complete written agreement can be filed without one. Many couples still have a lawyer check the property-settlement and custody agreements before signing, since mistakes there are far harder to fix after the court approves them than before.

Without it, the court will treat the case as contested rather than uncontested, which usually means more hearings and a longer timeline. See how divorce works in the Czech Republic for how the two paths actually differ in practice.

Yes — a court can grant a divorce even without the other spouse's agreement once the marriage has effectively broken down, but the process is contested rather than uncontested, and takes considerably longer.

No, you can file without one. Any property acquired during the marriage that isn't covered by a separate agreement remains marital community property until it's formally divided — see what marital community property (SJM) actually covers for what that means for jointly owned assets.

Courts can grant a full or partial fee waiver based on income and circumstances — you apply for this as part of the filing, not separately, and it doesn't delay the petition itself.

It's not too late — it just means the uncontested route (available once you've lived apart at least six months and the marriage has lasted a year) isn't open yet. Filing before then generally puts the case on the contested track instead.