Divorce
Divorce legally ends a marriage and settles everything tied to it: property and debt, support, and the care of children. Every state allows no-fault divorce, but each sets its own residency rules, waiting periods and formulas.
What Does Divorce Cover?
A divorce starts with a petition filed in the state where at least one spouse meets the residency requirement. If the spouses agree on every issue, the case is uncontested and can end with a signed settlement approved by the court. If they disagree, the case is contested: each side exchanges financial information, often tries mediation, and a judge decides what remains unresolved. Property is divided either as community property, split equally in the nine community property states, or by equitable distribution, a fair but not necessarily equal split, in the rest.
The Process
Steps from filing to final decree, such as:
Settling Out of Court
Ways to agree without a trial, such as:
Money and Property
Dividing what the marriage built, such as:
Children
Custody, visitation and support, such as:
Informal Marriages
When a couple never had a license, such as:
Safety First
When a divorce involves abuse, such as:
Divorce Lawyers in Your State
State law decides deadlines, forms and procedure, so start with the state where your matter is. Each page lists local attorneys and the cities where they work.
- Alabama85
- Alaska15
- Arizona88
- Arkansas49
- California296
- Colorado94
- Connecticut53
- Delaware10
- Florida206
- Hawaii28
- Idaho25
- Illinois204
- Indiana71
- Iowa43
- Kansas57
- Kentucky93
- Louisiana29
- New Jersey211
- New York323
- Texas215
When Do You Need a Divorce Lawyer?
You can file for divorce without a lawyer, and many courts publish forms for uncontested cases. Hire one when there are children, a home, a business, pensions or retirement accounts, significant debt, or a spouse who hides money or already has an attorney. Mistakes in a settlement are hard to undo once the judge signs it.
Divorce lawyers usually bill hourly against a retainer. Uncontested cases can be handled for a fraction of a contested one, and mediation often costs less than litigating each issue. Ask the lawyer for a realistic estimate and how they would try to keep the case out of trial.
Common Questions
- How many years do you have to live together for a common law marriage?
- What is common law marriage?
- What is family law?
- Which states recognize common law marriage?
- What is the difference between mediation and arbitration?
Related Practice Areas
Talk to a Divorce attorney
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This guide explains general rules in the United States and is not legal advice. Laws and deadlines differ by state, and only a licensed attorney can tell you how they apply to your situation.