General Divorce Questions
12 frequently asked questions with detailed answers
The length of a divorce varies significantly by state and circumstances. Uncontested divorces can be finalized in as little as 30-90 days in some states, while contested divorces involving disputes over assets, custody, or support can take 1-3 years or longer. Factors affecting timeline include mandatory waiting periods, court backlogs, complexity of assets, and whether children are involved.
Divorce costs range from a few hundred dollars for simple DIY divorces to $15,000-$30,000 or more for contested cases. Basic costs include filing fees ($100-$400), service of process ($50-$100), and potentially attorney fees ($200-$500/hour). Mediation typically costs $3,000-$8,000 total. The more disputes between spouses, the higher the cost.
While not legally required, a divorce lawyer is highly recommended when: you have children, significant assets, retirement accounts, real estate, business interests, or when your spouse has an attorney. For simple uncontested divorces with no children or assets, some couples successfully use DIY forms or online services. However, even a consultation can help you understand your rights.
Divorce legally ends a marriage, allowing both parties to remarry. Legal separation keeps the marriage intact but establishes court orders for property division, custody, and support. Some choose separation for religious reasons, health insurance benefits, or as a trial period. Not all states offer legal separation as an option.
A no-fault divorce allows couples to divorce without proving wrongdoing by either spouse. The most common grounds are 'irreconcilable differences' or 'irretrievable breakdown of marriage.' All 50 states now offer no-fault divorce options, though some still allow fault-based grounds as well.
Yes. While an uncontested divorce (where both agree) is faster and cheaper, you can still obtain a divorce even if your spouse refuses. The court will not force you to remain married. Your spouse may contest terms like property division or custody, but cannot prevent the divorce itself.
Most states require you to live in the state for a certain period before filing for divorce, typically 3-12 months. Some states also require residency in a specific county. The requirements vary significantly—Nevada requires only 6 weeks, while states like New Jersey require 12 months.
Debt acquired during marriage is typically divided between spouses, regardless of whose name it's in. In community property states, debts are usually split 50/50. In equitable distribution states, courts divide debt fairly but not necessarily equally. Pre-marital debt generally remains with the original debtor. Joint debts like mortgages require special consideration.
While not illegal in most states, dating during divorce can complicate matters. It may affect alimony decisions in some states, create conflict that prolongs negotiations, and potentially impact custody if it affects parenting. Many attorneys advise waiting until the divorce is finalized.
A divorce decree (or final judgment of divorce) is the court order that legally ends your marriage. It includes terms for property division, custody, support, and other issues. This document is needed to prove you're divorced for remarriage, name changes, updating accounts, and other legal purposes.
To start a divorce: 1) Determine if you meet residency requirements, 2) Decide on grounds (usually no-fault), 3) File a divorce petition with your local court and pay filing fees, 4) Serve your spouse with divorce papers, 5) Your spouse files a response, 6) Negotiate or litigate terms, 7) Attend court hearings as required, 8) Receive final divorce decree.
Common documents needed include: marriage certificate, financial records (tax returns, pay stubs, bank statements), property deeds, vehicle titles, retirement account statements, insurance policies, debt statements, prenuptial agreements if any, and if children are involved, school and medical records. Gathering these early speeds up the process.