Divorce is a court process that ends a marriage and settles issues such as property, support and, where there are children, custody. The details vary by state, but the main steps are similar.
Before you file
Most states require that one spouse has lived in the state for a minimum period, often somewhere between a few weeks and a year, before filing. All states allow no-fault divorce, which means you do not have to prove wrongdoing.
Contested vs. uncontested
- Uncontested: both spouses agree on all issues, which is usually faster and cheaper and often possible without a lawyer.
- Contested: spouses disagree on one or more issues, which may involve negotiation, mediation or a trial.
The usual steps
- One spouse files a petition and the other is served.
- The other spouse responds within the deadline.
- The spouses exchange financial information.
- They negotiate, often with mediation, or go to hearings.
- A judge approves a settlement or decides the contested issues and issues a final decree.
Key issues the court decides
- Dividing property and debts, which follows either community property or equitable distribution rules depending on the state.
- Spousal support, if appropriate.
- Child custody and parenting time, decided based on the best interests of the child.
- Child support, calculated under state guidelines.
Frequently asked questions
How long does a divorce take?
Some states have mandatory waiting periods. Uncontested cases can finish in a few months, while contested ones can take a year or longer.
Can I get divorced without a lawyer?
Yes, if the case is simple and uncontested. When children, significant assets or safety issues are involved, legal advice is worth considering.