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Divorce

Every state offers some form of no-fault divorce, so a spouse who wants out can generally get out. What varies enormously is everything else: how long you must have lived in the state before you can file, whether any waiting period applies, and above all how property is divided. Every state writes its own rules here, so the answer always begins with which state you are in. Call 1-844-690-0555 free, any hour — and a one-hour consultation with a licensed US attorney ($195, a fixed fee) can be booked right on the call.

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Divorce at a glance

No-fault everywhere

Every state provides a no-fault ground — your spouse cannot force you to stay married

Residency decides where

Each state sets a minimum period of residence before you can file there

Two property systems

Community property states split marital property down the middle; equitable distribution states divide it fairly, which is not always equally

Custody is separate

Children are decided on their best interests, independently of who wanted the divorce

Retirement accounts need a special order

Dividing a 401(k) or pension usually requires a qualified domestic relations order

Where you file changes the outcome

Residency requirements decide which state's courts can hear your divorce, and they range from a few weeks to a year. That matters because the state you file in brings its own property rules, its own spousal support practice and its own waiting periods. Nine states plus a couple of others operate community property, which generally treats what was earned during the marriage as owned half and half. The rest apply equitable distribution, where a judge divides marital property fairly considering length of marriage, contributions, earning capacity and need — which can be a long way from 50/50. Talk it through with a lawyer now →

Property, debt and retirement

Marital property is generally what was acquired during the marriage regardless of whose name is on it; separate property is what you brought in, inherited or received as a gift — though separate property that has been mixed into joint accounts or used for the family home can lose that character. Debts are divided too, and a divorce decree does not bind a lender: if your name is on the loan, the bank can still come after you whatever the decree says, which is why refinancing and removing names matters more than the paperwork suggests. Retirement accounts usually need a qualified domestic relations order to divide without triggering tax and penalties. Talk it through with a lawyer now →

Doing it without spending everything

Uncontested divorce is dramatically cheaper than contested divorce, and most states now have court self-help centers, approved forms and online filing for simple cases. Mediation resolves a large share of disputes for a fraction of litigation cost, and many courts require it before a contested hearing. The expensive path is fighting over things worth less than the fight — furniture, point-scoring, repeated motions. Decide early what actually matters: housing, the children's stability, retirement, and health insurance coverage after the divorce, which catches many people out. Talk it through with a lawyer now →

Getting divorced in the US, step by step

Check the residency rule for your stateIt decides where you can file, and filing in the wrong state wastes months.

List everything, including debts and retirement accountsMarital versus separate, and whose name is on each loan.

Use mediation and self-help resources before litigatingUncontested is far cheaper and far faster. Call 1-844-690-0555 free, any hour — and a one-hour consultation with a licensed US attorney ($195, a fixed fee) can be booked right on the call.

Divorce — your questions answered

Can my spouse refuse to give me a divorce?

No. Every state has a no-fault ground, so a spouse who does not consent cannot prevent the divorce indefinitely — they can slow it down procedurally and they can contest the money and the children, but not the fact of the divorce. Some states impose a waiting or separation period, which is a delay rather than a veto.

Is everything split 50/50?

Only in community property states, and even there the split applies to marital property rather than everything you own. Most states use equitable distribution, where a judge divides marital property fairly considering the length of the marriage, each spouse's contributions and earning capacity, and who will house the children — which regularly produces something other than half.

Do I need a lawyer to get divorced?

Not for a genuinely simple, uncontested divorce with no children, no property and no retirement accounts — many states provide approved forms and self-help centers for exactly that. Get advice if there is a house, a business, a pension or 401(k), significant debt, a large income gap, or any dispute about the children. Property settlements are extremely hard to reopen once a decree is entered.