Everything you need to know before hiring a divorce lawyer.
An uncontested divorce means both spouses agree on all terms: property division, custody, support. These are faster and far less expensive. A contested divorce means disagreements must be resolved by negotiation or court — significantly more time-consuming and costly.
It depends on your state. Community property states (California, Texas, Arizona, etc.) generally divide marital property 50/50. Equitable distribution states (the majority) divide property fairly but not necessarily equally, considering factors like length of marriage and each spouse's financial situation.
Courts use the 'best interests of the child' standard, weighing factors including each parent's relationship with the child, stability, the child's adjustment to home and school, each parent's willingness to support the other's relationship with the child, and — for older children — the child's own preferences.
Browse our directory and connect with a top-rated divorce and family lawyers professional.
Find a ContractorStates use formulas that consider each parent's income, custody arrangement, number of children, and child-related expenses like healthcare and childcare. Most states have online calculators that provide estimates.
Alimony (also called spousal support or maintenance) is not automatic. Courts consider factors including length of marriage, each spouse's income and earning capacity, the standard of living during marriage, and sacrifices made for the family. Long marriages where one spouse left the workforce are most likely to result in alimony awards.
A prenuptial agreement is a contract made before marriage specifying how assets and debts will be divided in a divorce. They are generally enforceable if: both parties had independent legal advice, full financial disclosure was made, and the agreement wasn't signed under duress.
Uncontested divorces can be finalized in 1–3 months after any mandatory waiting period. Contested divorces take 6 months to 2+ years depending on complexity and court backlog.
Legal separation allows couples to live apart with formalized arrangements for custody and support without terminating the marriage. Couples may choose this for religious reasons, to maintain health insurance benefits, or while considering reconciliation.
You can file pro se (representing yourself), but even uncontested divorces involve complex legal agreements affecting your finances and parental rights for years to come. An attorney review of settlement agreements is strongly advisable even when both parties agree.
Mediation involves a neutral third party (the mediator) who helps both spouses negotiate and reach agreements on contested issues. It is typically faster and less expensive than litigation, and agreements tend to be more durable because both parties participated in crafting them.