The four questions
Every state now allows no-fault divorce, so the court is rarely interested in who behaved badly. The first is the division of property and debts. The second is whether one spouse pays support to the other and for how long. The third is where the children live and who makes decisions for them. The fourth is child support, which each state calculates from a published formula based mainly on incomes and parenting time.
An uncontested divorce means you agree on all four and submit a written settlement. A contested divorce means a judge decides whatever you cannot, after months of hearings.
How a case moves
- One spouse files a petition in a state where residency is met, which usually means having lived there for six months, although the range runs from six weeks to a year.
- The other spouse is formally served and has a deadline to respond, commonly 20 to 30 days.
- Both sides exchange sworn financial disclosures, and the court may issue temporary orders on support, custody and who stays in the home.
- The couple negotiates, often with a mediator, and signs a settlement or goes to trial on the open issues.
- A judge signs the decree.
Many states add a mandatory waiting period, from a few weeks to six months, and a few require the couple to live apart for up to a year first. Your state court's website lists the local rule.
What it costs
An uncontested case can cost only the filing fee, typically $100 to $450, plus a flat fee if a lawyer drafts the papers. Mediation commonly costs a few thousand dollars in total. A contested case with two lawyers routinely exceeds $10,000 per person and climbs with every hearing. Hire a lawyer when there are children, a house, a business, retirement accounts or any history of abuse or hidden money.
Expensive mistakes
Moving money or running up debt after filing is barred automatically in many states. A decree does not bind lenders, so a joint credit card assigned to your former spouse can still damage your credit if it goes unpaid. Close or refinance joint accounts. Dividing a workplace retirement plan requires a separate court order, called a qualified domestic relations order, to avoid taxes and penalties. Treat anything you post or text as a future exhibit.
Tip Once the decree is final, change the beneficiaries on your life insurance and retirement accounts and sign a new will. A former spouse can remain the named beneficiary for years through simple neglect.
