Marriage and Divorce FAQ

Couples often get married without thinking of the legal consequences. If they ever get a divorce, they may have many unanswered questions about what to do next. This article has frequently asked questions (FAQs) and answers about divorce and marriage.

Each state has different marriage and divorce laws. For more accurate information about your divorce proceedings, talk to a local divorce attorney for legal advice.

How Long Does It Take to Get Married?

It does not take a long time to get married. If you don’t want a formal ceremony, you can elope quickly and for little money. Some states have a minimum waiting period between applying for the marriage license and getting your marriage certificate. Waiting periods range from one to five days. However, most states have no waiting period, and you can get married immediately.

Can You Get an Annulment After Marriage?

You cannot undo a legal marriage if you change your mind. Annulments are generally only available if the marriage is not valid. Reasons for an annulment include bigamy, lack of consent, or fraud. If your spouse was already married, it was not legal in the first place.

What Is the Rate of Divorce in America?

There were more than 700,000 divorces filed in 2022. About 40% of all marriages end in divorce. However, the divorce rates depend on the individual couple. Couples who get married later in life are more likely to stay married. Married couples with higher education and income generally have lower rates of divorce. Divorce rates also range by race and region.

What Are Common Causes of Divorce?

Each person has their own reasons for getting a divorce. Some common reasons cited for why someone files for divorce include:

• Growing apart
• Lack of communication
• Problems with money
• Extramarital affairs
• Substance abuse
• Domestic violence

How Long Does a Divorce Take?

It takes much longer to file for divorce than to get married, even if you agree on everything. Most states have residency requirements and waiting periods for divorce. State residency requirements mean you have to live in the state for a minimum amount of time to file in that state. After filing your settlement agreement, waiting periods range from about three to six months before the judge will issue the divorce decree.

Can You Get a Divorce if Your Spouse Doesn’t Want To?

You can file for a divorce even if your spouse doesn’t agree. In most states, you can file for a no-fault divorce by indicating irreconcilable differences, but it’s important to check specific state requirements as some may still require specific grounds or conditions for filing. Your spouse can delay the divorce by avoiding service of divorce papers. Your spouse can also cause delays by fighting you on every issue. However, your spouse cannot stop you from getting a divorce.

How Does Divorce Affect Children?

Divorce affects children in different ways. Some children have no serious adverse problems after their parents divorce. This depends on the individual child, their relationship with each parent, and the parents’ relationship after separation. Other children suffer temporary or more serious mental health changes, including depression and anxiety. Talk to your child’s mental health provider for advice.

What Is Collaborative Divorce?

Collaborative divorce is an alternative to family court litigation. In collaborative divorce, both partners agree with their representatives to work together to resolve any divorce issues. This is a good option for partners who are on good terms with each other or divorcing couples with children.

What Is Divorce Mediation?

Divorce mediation is a type of alternative dispute resolution that avoids the adversarial nature of divorce court. In a contested divorce, the court often refers the case to mediation to work out their disagreements. A neutral third-party mediator helps the spouses come up with their own solution. Mediation is generally faster, less expensive, and keeps the co-parents on good terms after separation.

How Is Property Division Handled in a Divorce?

If the couple cannot decide how to divide property in a divorce, the court will decide. The division of property depends on state law. In equitable distribution states, property acquired during the marriage is generally considered marital property, regardless of whose name is on the title, unless it is proven to be separate property, such as property acquired before marriage, as a gift, or inheritance.

In community property states, property acquired during the marriage by either spouse is marital property. Spouses keep separate property they had before marriage. Separate property also includes inheritance and gifts to one spouse.

Do You Have to Pay Alimony After a Divorce?

There are many factors states use to determine who pays alimony or if there is no alimony award. Most divorces do not involve any alimony payments. The court can award temporary alimony or permanent spousal support payments. Many factors determine when the court awards alimony, including the spouse’s income, length of the marriage, and each spouse’s income potential.

Can You Write a Prenup After Marriage?

A prenuptial agreement determines what happens to certain property and payments in a divorce. A prenup can ensure that separate property remains with one spouse even when it would go to the other in a divorce. Prenups can also determine alimony or spousal support. Couples can write a postnuptial agreement that acts the same way. Courts will generally enforce prenups and postnups that couples sign willingly without fraud.

Who Gets Child Custody in a Divorce?

The parents decide the child custody arrangement in a divorce. If the parents can’t agree on a parenting plan, the court will make custody decisions. In the past, the child’s mother usually got custody. However, any parent can now get physical custody or legal custody. The court makes child custody decisions based on the best interests of the child.

Most parents share custody of their minor children after a divorce. One parent is generally the custodial parent, and the other is the noncustodial parent. The noncustodial parent generally makes child support payments to help pay for the child’s needs. The noncustodial parent gets visitation time based on the parenting plan.

Do You Have to Allow Visitation if the Parent Isn’t Paying Support?

You can’t prevent visitation just because the other parent isn’t paying child support. At the same time, the supporting parent can’t stop payments if they can’t see their child. Child support and visitation are separate issues. A family law judge can find you in contempt of court for violating child support or visitation court orders.

How Does Divorce Impact Mental Health?

Many couples find the divorce process to be stressful and emotional. For people struggling with mental health, a divorce can make things more difficult. Even for those without a history of mental health problems, divorce can cause anxiety, depression, and substance abuse. Talk to your mental health professional for support when going through a divorce.

Who Pays for a Divorce?

Whoever files the divorce petition pays the filing fees. Required court documents generally have additional fees or costs to serve them on the other person. Each party generally pays for their own attorney’s fees and legal costs. In an uncontested divorce, the court costs for finalizing a divorce are usually not more than a few hundred dollars. A messy, contested divorce can cost thousands.

Are There Online Divorce Services?

You can handle a lot of the divorce requirements online. Most states have online court forms and instructions about filing for divorce. In some states, you can file for divorce through the county or state website. However, only a few states allow electronic service of divorce papers.

For divorce hearings and legal proceedings, many states require in-person appearances. However, courts generally allow parties to appear remotely if they live out of the area or are unable to come in person. For example, military service members stationed overseas can generally appear remotely for any court hearings.

Can You Get a Divorce Without a Lawyer?

You can file for divorce without a lawyer. This generally works if you and your spouse agree and you don’t have any children together. You can generally find the legal requirements to file for divorce from your state or county family court. Before doing it on your own, consider talking to a lawyer to understand your legal rights.

How Do You Find the Right Divorce Lawyer?

The right divorce lawyer depends on you and your situation. Talk to a few attorneys before you decide who should handle your divorce case. Ask them questions about who will handle your case and how they will communicate. Make sure you understand their fee structure. 

The right divorce lawyer will give you confidence that you are in good hands. Contact an experienced divorce lawyer for help with your divorce.