Divorce FAQ | Filing, Process, Timelines & What to Expect

Question 1

What is a divorce?

Accepted Answer

A divorce, also called a dissolution of marriage, is the legal process that formally ends a marriage. It also resolves the related issues that come with separating two lives, which can include dividing property and debts, spousal support, and, when there are children, custody and child support. The marriage is not legally over until a judge signs a final judgment or decree.

Question 2

What is the difference between a contested and an uncontested divorce?

Accepted Answer

In an uncontested divorce the spouses agree on all the major issues, such as property, support, and any parenting arrangements, and ask the court to approve their agreement. In a contested divorce the spouses disagree on one or more issues, so those issues are worked out through negotiation, mediation, or, if needed, a trial where a judge decides. Uncontested cases are usually faster, cheaper, and less stressful.

Question 3

Do I have to prove my spouse did something wrong?

Accepted Answer

Usually no. Every state allows some form of no-fault divorce, where you simply state that the marriage is broken (often phrased as irreconcilable differences or an irretrievable breakdown) without blaming either spouse. Some states still offer fault-based grounds, such as adultery or cruelty, which can occasionally affect support or property in certain states. Most people file no-fault.

Question 4

What are residency requirements?

Accepted Answer

Most states require that at least one spouse has lived in the state, and sometimes the specific county, for a set period before you can file there. This waiting period commonly ranges from about six weeks to one year depending on the state. You generally file in the state where you meet the residency rule, even if you were married somewhere else.

Question 5

How long does a divorce take?

Accepted Answer

It depends heavily on whether the case is contested and on your state's rules. Many states impose a mandatory waiting period between filing and finalizing, often somewhere between 30 and 90 days. A straightforward uncontested case might wrap up within a few months, while a contested case involving disputes over children, support, or significant assets can take a year or more.

Question 6

What does the filing process generally look like?

Accepted Answer

One spouse (the petitioner) files a petition or complaint for divorce with the court and pays a filing fee. The other spouse (the respondent) is formally served with the papers and has a set time to respond. The spouses exchange financial information, try to settle the issues through negotiation or mediation, and either submit a written agreement or go to a hearing or trial. The case ends when the judge enters a final decree.

Question 7

What is the difference between divorce and legal separation?

Accepted Answer

A legal separation is a court process that lets spouses live apart and sort out support, property, and parenting issues while remaining legally married. It can matter for things like health insurance, religious reasons, or keeping certain benefits. A divorce fully ends the marriage so both people are free to remarry. Not every state offers legal separation.

Question 8

What happens if my spouse will not respond or will not agree to the divorce?

Accepted Answer

You generally do not need your spouse's permission to get divorced. If your spouse is properly served and does not respond within the deadline, you can usually ask the court for a default, and the case can move forward without their participation. If your spouse responds but disagrees on the issues, the case becomes contested and the unresolved issues are decided through mediation or a hearing.

Question 9

Do I need a lawyer to get divorced?

Accepted Answer

No. People are allowed to represent themselves, which is often called appearing pro se, and many do, especially in simpler uncontested cases. That said, divorce can involve complicated questions about property, retirement accounts, support, and children, and mistakes can be hard to undo. Many people at least consult a lawyer to understand their rights, even if they handle the rest themselves.

Question 10

Is mediation required?

Accepted Answer

In many states courts encourage or require mediation before a contested case goes to trial, especially when children are involved. Mediation is a meeting with a neutral third party who helps both spouses try to reach an agreement. It is usually confidential, and reaching an agreement gives you more control over the outcome than leaving the decision to a judge.

Question 11

How much does a divorce cost?

Accepted Answer

Costs vary widely. At a minimum there is a court filing fee, which differs by state and is sometimes waivable if you cannot afford it. An uncontested divorce with no lawyers can be relatively inexpensive, while a contested case with attorneys, experts, and a trial can become very expensive. The biggest cost driver is usually how much the spouses fight rather than the paperwork itself.

Question 12

What should I expect at the end of the case?

Accepted Answer

The case ends when the judge signs a final judgment, sometimes called a decree of dissolution. That order spells out the terms: how property and debts are divided, whether anyone pays support, and any parenting arrangements. Once it is entered, both people are legally single again, and everyone is bound to follow the terms of the order going forward.

Divorce FAQ: Filing, Process, Timelines & What to Expect