Frequently Asked Questions About Divorce

The duration of a divorce varies by state and whether the divorce is contested or uncontested. An uncontested divorce can take as little as 30 to 60 days, while a contested divorce may take several months or even years, especially if there are complex issues like child custody or property division. Waiting periods also depend on state laws, with some states requiring a separation period before finalizing the divorce.

While hiring an attorney is not mandatory, it is highly recommended, especially if the divorce involves complex issues like child custody, asset division, or alimony. An attorney can help protect your rights, guide you through legal procedures, and represent your interests in court. If the divorce is straightforward and uncontested, some couples choose to proceed without legal counsel or use online resources for assistance.

The United States recognizes both no-fault and fault-based grounds for divorce. In no-fault divorces, the couple simply states that the marriage is irretrievably broken. Fault-based grounds include adultery, abuse, abandonment, and felony convictions, though most states now allow no-fault divorce, making it more common. Each state has its own specific criteria for both types of divorce.

A no-fault divorce allows a couple to end their marriage without proving wrongdoing by either spouse. Typically, the couple must declare that the marriage is irretrievably broken or that they have lived separately for a specific period. This option helps avoid the emotional and financial cost of proving fault. Most U.S. states allow no-fault divorce, making it a more common route for dissolution.

Property division in a divorce depends on whether the state follows community property or equitable distribution laws. In community property states, assets acquired during the marriage are typically split 50/50. In equitable distribution states, assets are divided fairly but not necessarily equally, considering factors such as the length of the marriage, each spouse’s financial contributions, and any prenuptial agreements. Retirement funds, debts, and real estate are included in property division.

Child custody arrangements are determined based on the best interests of the child. Courts may award joint custody, where both parents share decision-making responsibilities, or sole custody to one parent, with the other receiving visitation rights. Custody arrangements depend on factors such as the child’s age, each parent’s living situation, and the relationship each parent has with the child. In some cases, parents may reach an agreement outside of court through mediation.

Alimony (or spousal support) is financial support paid by one spouse to the other after divorce. Courts consider several factors in determining alimony, such as the length of the marriage, the standard of living during the marriage, the recipient spouse’s financial needs, and the paying spouse’s ability to provide support. Alimony can be temporary or permanent, though many states have guidelines for how long alimony should last, especially in short-term marriages.

In some cases, it is possible to modify a divorce agreement, but only if there has been a substantial change in circumstances. For instance, if there is a significant change in income, employment, or the needs of a child, a court may adjust child support or alimony payments. Modifications must be requested and approved by the court, and changes are typically only granted if the requesting party can demonstrate that the original agreement is no longer reasonable or fair.

Child support is determined based on both parents’ income, the needs of the child, and the time each parent spends with the child. States use guidelines to calculate child support amounts, ensuring consistency in support payments. A court may also factor in additional expenses, such as healthcare, education, and extracurricular activities. In most cases, child support continues until the child reaches adulthood or becomes self-supporting, though the amount can be modified if circumstances change.