Divorce Law

Last updated December 1, 2025

Many marriages end in divorce or legal separation. The divorce process is more complicated and takes longer than getting married. Married couples have to make important decisions about their property, finances, and children. Divorce law can determine what happens if the couple cannot agree on how to end their marriage.

Divorce laws vary by state. Where you file for divorce can affect the timeline, property rights, and spousal support. For legal advice about your divorce, consult a local divorce lawyer.

Understanding Divorce Law

A divorce is a dissolution of the marriage. Divorce legally separates you and your former spouse. However, divorce also involves a lot of important decisions about how to handle property, assets, and raising children. Divorce law covers the legal process for filing for divorce and what happens when the divorcing couple can’t agree.

You and your spouse will need a settlement agreement before the court enters the divorce decree. If you and your spouse cannot agree, the court may schedule a mediation session. During mediation, a neutral third party works with you and your spouse to reach a settlement agreement. The negotiation may include the following:

If you make a prenuptial agreement before getting married, the process can be easier. A prenup determines how to handle property and spousal support in the event of a divorce. The court generally enforces prenups when they are voluntary, and there is no evidence of fraud.

Generally, mediation or collaborative divorce helps you get to an uncontested divorce, which means you and your spouse will not have to go to trial. It is best to seek legal advice to determine if you can benefit from mediation or collaborative divorce.

Filing for Divorce

Divorce proceedings start when one spouse files a divorce petition asking the court to end the marriage. You can file a divorce petition in the county where you or your spouse resides. There is a filing fee, which the court can waive if you qualify.

Be sure to check your state’s law on residency requirements. States require you or your spouse to reside in the state within a certain timeframe before you can file for divorce.

Most states also have a waiting period before a judge signs off on a divorce judgment. This can range from about three months to one year. This period can be longer when the divorce involves minor children.

After filing, you must serve the divorce papers on your spouse. Service means delivering the petition to the other party as the law requires. You also need to submit proof of service to the court. If your spouse avoids service, there are additional service options to give notice of the divorce action. The requirements for serving legal documents vary by state. Research your state’s laws to determine what applies to you.

Types of Divorce

A divorce is either contested or uncontested. In an uncontested divorce, you both agree on how to handle marital property and custody. In a contested divorce, the court has to resolve your disputes.

Contested divorces generally take longer, cost more in attorney’s fees, and increase the stress of the divorce process. If you have children, a contested divorce can hurt your ability to get along with your co-parent.

Fault vs. No-Fault Divorces

In the past, states required you to prove fault for causing the divorce. Grounds for divorce included habitual drunkenness, infidelity, and desertion. All states now have some form of no-fault divorce. With no-fault divorce, you only have to claim a breakdown of the marriage or irreconcilable differences.

If you file for a fault divorce, you have to show how your spouse caused the breakdown in the marriage. This can bring up some personal information you’d rather keep private. However, in some situations, you can benefit from filing for an at-fault divorce.

Property Division

If you can agree on the division of marital property, you can split up your property, real estate, and other marital assets as you see fit. If there are disputes, the court will divide property based on several factors. How a court will divide marital property depends on whether you live in a community property or an equitable distribution state. These state laws determine whether property acquired during the marriage is separate property or marital property.

Dividing your house or other real estate is tricky. Generally, one spouse keeps the property, or they sell the property and divide the money. Spouses also have to decide how to divide their health savings accounts, retirement accounts, and debts. Serious debt or bankruptcy can complicate the process.

Child Custody and Support

Often, the most emotional aspect of a divorce that a court must resolve involves child custody and visitation rights. Legal custody consists of each parent’s right to make important decisions for their children. Physical custody determines where the child primarily lives.

The couple can determine their child custody arrangement, including visitation and who has primary physical custody. If the parents can’t agree on a parenting plan, the court generally sends them to mediation. When the court determines child custody, they base their decisions on the best interests of the child.

The custodial parent generally gets child support. The noncustodial parent pays support to help with the costs of raising their child. The court generally determines the amount of monthly payments based on state child support guidelines. The court can modify child support orders based on a significant change of circumstances.

Alimony and Spousal Support

The court may also order alimony payments or spousal support. Not all divorces involve spousal support. However, a family court can order alimony for the former spouse. When determining whether to award alimony, family law judges consider many factors. Factors include whether you gave up a career to stay home and care for the household and your standard of living.

After Your Divorce

There are several steps to consider after your divorce. After a divorce, you can change your last name, get a new driver’s license, and Social Security card. You should also review your beneficiary designations.

A divorce decree is generally final. However, when dealing with child custody, child support, and visitation rights, you may need to make changes to your parenting plan. You can change or amend the court orders if your situation changes, such as moving to another state with your children.

Choosing a Divorce Attorney

Many people find it helpful to navigate the divorce process with the assistance of an experienced divorce attorney. A divorce lawyer can provide equitable representation. Legal representation ensures you have sound legal advice and legal information.

Many states offer divorce forms that can be accessed online. These are best for simple, uncontested divorces without any minor children involved. They may not be appropriate in all situations.

You deserve a dedicated and personal focus on your unique situation when going through a divorce. An experienced divorce attorney can help you understand your legal rights. Your lawyer can also explain your legal options and represent you in family court. Take the first step and contact a local divorce lawyer to discuss your divorce.

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