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Divorce attorneys handle the dissolution of a marriage and everything attached to it: division of property and debt, spousal support, custody and parenting schedules, retirement accounts, the family home, and business interests that have to be valued before they can be split.
How assets are divided depends on the state. Community property states start from an equal split of marital property; equitable distribution states divide on what the court considers fair, which is not always half. Whether your state requires a period of separation, and whether fault matters at all, likewise varies.
Before you hire
- Uncontested divorces can be handled cheaply and quickly. If you and your spouse agree on the substance, say so at the consultation and ask for a flat-fee quote.
- For contested cases ask about mediation. Most courts require an attempt at it, and settlements reached there are usually cheaper and more durable than judgments.
- Gather financial records early — tax returns, account statements, mortgage documents, retirement plans. Disclosure is mandatory, and doing it late is what makes divorces expensive.
Attorneys listed here also appear under family law, and many handle post-judgment modifications years after the decree.
Divorce: frequently asked questions
How do you file for divorce?
You file for divorce by submitting a petition (called a complaint in some states) to the family or circuit court in the county where you or your spouse lives, paying the filing fee, and formally serving the papers on your spouse. First you must meet your state's residency requirement and choose the grounds.
How is property divided in a divorce?
It depends on the state. Nine community property states generally split marital property equally. The other states use equitable distribution, dividing marital property fairly — often close to equal, but not always. In both systems, property owned before the marriage or received as a gift or inheritance usually stays with its owner.
How long does a divorce take?
An uncontested divorce in the United States usually takes two to six months; a contested one commonly takes one to three years. The biggest factors are your state's mandatory waiting period, whether you and your spouse agree on property, support and children, and how busy the local court is.
How much does a divorce cost?
A simple uncontested divorce can cost a few hundred dollars in court fees if you handle it yourself, or roughly $1,500 to $5,000 with a lawyer. A contested divorce commonly costs each spouse $10,000 to $30,000 or more, and a case that goes to trial can exceed $50,000.
What is a legal separation?
A legal separation is a court order that sets out a married couple's rights and responsibilities while they live apart — custody, support and often division of property — without ending the marriage. The spouses stay legally married and cannot remarry. Most states offer it; a few, including Texas, do not.
What is a no-fault divorce?
A no-fault divorce is one where neither spouse has to prove the other did something wrong. It is granted because the marriage has broken down — usually stated as irreconcilable differences or an irretrievable breakdown — or after the spouses have lived apart for a set time. Every US state allows it.
What is alimony and how is it calculated?
Alimony — also called spousal support or maintenance — is money one spouse pays the other during or after a divorce so that the lower-earning spouse is not left without means. Most states let judges weigh factors such as the length of the marriage and each spouse's income; a growing number use formulas.
What is an annulment?
An annulment is a court ruling that a marriage was never legally valid. Unlike a divorce, which ends a valid marriage, an annulment declares that the marriage did not legally exist because of a defect present at the start — such as bigamy, a close family relationship, being underage, fraud or force.