DR-105 Petition for Dissolution of Marriage
What the DR-105 Petition for Dissolution of Marriage Is
Why the DR-105 Matters for Your Case
Filing a correctly completed DR-105 sets the procedural foundation for divorce proceedings, preserves legal rights, and triggers service and response deadlines; electronic filing and signatures may be permissible subject to ESIGN (15 U.S.C. ch. 96) and state rules such as UETA or New York’s ESRA.
Who Typically Prepares or Files a DR-105
The DR-105 is used by people beginning divorce proceedings and by attorneys who file on clients’ behalf.
- Self-represented litigants preparing an initial petition for filing without retained counsel.
- Family law attorneys preparing pleadings, attachments, and service documentation for court submission.
- Clerks or court e-filing vendors assisting with electronic submission to the county family court.
Parties should confirm local court form numbers and filing methods before submission, since local variations and supplemental attachments are common.
Step-by-Step: Complete and File the DR-105
-
01Gather Documents: Collect IDs, marriage certificate, financials.
-
02Complete DR-105: Fill fields precisely and attach exhibits.
-
03Sign and Notarize: Use required signature method and notary.
-
04File with Court: Submit via e-file or clerk's office.
How to Set Up an Electronic DR-105 Workflow
| Field | Configuration |
|---|---|
| Document | Upload PDF/A or Word DOCX |
| Authentication | Email link, SMS code, or stronger ID |
| Notifications | Enable signer and clerk alerts |
| Retention | Set audit trail and export rules |
Typical Online Filing Flow for a DR-105 Petition
-
Prepare: Populate form fields and attach exhibits
-
Authenticate: Verify signer identity per court rules
-
Sign: Apply electronic or wet signature
-
Submit: E-file or deliver to clerk for acceptance
Common Timing and Deadlines in Dissolution Proceedings
Filing Date:
Date court receives petition; starts the case clock.
Service Deadline:
Respondent must be served within local timeframe.
Response Period:
Respondent’s answer due per state rule.
Temporary Orders:
Hearing requests typically set within weeks.
Final Hearing:
Scheduling and waiting periods vary by state.
Key Case Milestones From Filing to Final Decree
File Petition
Court accepts the petition and assigns case number.
Serve Respondent
Proof of service files with the court after proper service.
Respondent Answer
Respondent files answer or motion — contest or default possible.
Final Decree
Court issues judgment dissolving the marriage after hearings and orders.
Risks of an Incorrect or Incomplete DR-105
Common Preparation Mistakes to Avoid
- Using informal or abbreviated names for parties, which can cause service failures or require amendments and additional filings.
- Omitting required exhibits such as financial affidavits or parenting plans, which can lead to continuances or adverse interim orders.
- Failing to verify local court caption and numbering rules, producing rejected filings or clerical delays at intake.
- Relying on an electronic signature when the local court requires a wet signature or notarization for family law decrees.
How the DR-105 Compares with Related Family Law Filings
| Criteria | DR-105 | Legal Separation |
|---|---|---|
| Purpose | dissolve marriage | live-apart legal status |
| Final Judgment | typically no | |
| Property Division | included | often included |
| Conversion option | sometimes convertible |
Real-World Use Examples for a DR-105 Petition
Self-Represented Filer
A spouse files without counsel to avoid delay and reduce cost
- Used local court packet and financial affidavit
- The filer verified names, attached pay stubs, served the respondent via sheriff, and tracked the court calendar to avoid missed deadlines and extra fees.
Family Law Attorney
An attorney files for a contested dissolution on behalf of a client
- Prepared temporary orders and discovery requests
- The attorney ensured all exhibits were authenticated, coordinated service, and scheduled interim hearings to protect client custody and support interests.
Technical Requirements for Digitally Completing a DR-105
Check format, signer authentication, and court e-filing compatibility before electronic submission.
- Document formats: PDF, DOCX supported
- Integrations: Works with Google Workspace and NetSuite
- Authentication: Email, SMS, or advanced ID
Ensure the chosen platform can export a court-ready PDF with a complete audit trail and any required notarization or certificate of authenticity.
eSignature Vendor Pricing Comparison Relevant to DR-105 Workflows
| signNow | DocuSign | Adobe Sign | PandaDoc | HelloSign | |
|---|---|---|---|---|---|
| Starting Price | $8/user/mo | $15/user/mo | $14/user/mo | $19/user/mo | $15/user/mo |
| Free Trial | 7-day free trial | Varies | Varies | Varies | Varies |
| Bulk Send | Yes | Yes | Yes | Yes | No |
| Audit Trail | Yes | Yes | Yes | Yes | Yes |
| HIPAA Compliant | Yes | Yes | Yes | No | No |
| Envelope Cap | No cap | 100 envelopes/user/year | Varies | Varies | Varies |
Frequently Asked Questions About the DR-105 Petition
-
Can a DR-105 be signed electronically?
Possibly. Electronic signatures are valid under ESIGN (15 U.S.C. ch. 96) and UETA where adopted, but family law exceptions or local court rules may require wet signatures or notarization; confirm with the filing court.
-
What if the respondent cannot be located?
If personal service fails, courts permit alternative methods (publication or service by mail) when statutory conditions are met; procedures vary by state and require court approval.
-
Is notarization always required?
Not always. Some courts accept unsigned filings or later verification; others require notarized affidavits for certain exhibits. Confirm the local clerk’s requirements before submitting.
-
How long until the divorce is final?
Timeline depends on residency rules, mandatory waiting periods, contested issues, and court schedules. Some jurisdictions have minimum waiting periods before entry of final judgment.
-
Can I amend a filed DR-105?
Yes. Most courts allow amendments to pleadings by motion or stipulation, subject to local rules and any applicable deadlines set by the judge.
-
Where do I get the correct form?
Obtain the DR-105 and local instructions from the county family court clerk or official court website; local packet versions and filing requirements often differ.