How To Get a Divorce (2024 Guide)

Deciding to end a marriage is an emotionally draining event. Unfortunately, it’s also a legal process that can be complicated and stressful. The percentage of marriages ending in divorce has fallen over the past several years, but those going through it still need to know what to expect.

In this guide, we’ll walk you through what you need to know about your divorce options and requirements. We’ll also cover the role divorce lawyers play and when it makes sense to seek a lawyer’s help.

Types Of Divorce

Your options in a divorce are impacted by many factors. These are the main types of divorce and what they mean for your choices.

Legal Separation

Allowed in most states, a legal separation is not a divorce. However, it provides a legal framework for how you and your partner will divide assets and set up separate households. If you want to separate, but are not yet certain that you’ll divorce, then a legal separation helps set agreed guidelines during your separation.

The following six states do not allow legal separation agreements: Delaware, Florida, Georgia, Mississippi, Pennsylvania, and Texas.

Uncontested vs. Contested Divorce

While no divorce is easy, an uncontested divorce is the most simple to process. An uncontested divorce means that you and your partner agree that you wish to divorce and agree on how to divide your property and child custody responsibilities.

A contested divorce occurs when there is disagreement over any of the terms of the divorce. This could be a disagreement over whether to divorce at all, or a specific term like a child custody arrangement.

No-Fault vs. Fault-Based Divorce

There is no requirement to prove a partner behaved badly in order to secure a divorce. No-fault divorce allows you to secure a divorce by stating that the marriage is irretrievably broken.

Some states will allow you to file for a fault-based divorce. This type of divorce is granted due to one spouse’s wrongdoing, for reasons such as adultery or abuse.

In many circumstances, choosing a no-fault divorce is the simpler option. Some people pursue a fault-based divorce in order to bypass waiting periods or to seek sole custody of children.

Unsure which type of divorce to pursue? Fill out the form on this page to connect with a divorce lawyer near you.

Legal Requirements for Divorce

Laws for divorce are set by each state. As a result, the requirements you have to meet can be different based on where you and your spouse live. These are the general requirements to be aware of.

Residency

All states require you to show that their courts should hear your divorce case. This is typically shown by one or both spouses living in the state for a set period of time. Some states only require you to show you presently reside in the state, while others want proof of residency over a period between a few weeks to a year.

Property Division

Splitting up your property is a major part of divorce. State laws take varying approaches to dividing marital property. Most states follow either community property or equitable distribution rules.

In community property states, marital property is split equally between the spouses. Equitable distribution takes a range of factors into consideration before determining how to fairly split things up. As a result, equitable distribution does not always result in a 50/50 split.

Separation and Waiting Period Requirements

In some states, you must live separately from your spouse for a specific period before you can finalize a divorce. This separation period varies, ranging from a few months to a year.

Other states require a waiting period between when you file for divorce and when the divorce can be finalized.

These delays are designed to give couples time to reconsider before divorcing.

Speak with a lawyer to go over the requirements in your state. Fill out the form on this page to get help today.

The Divorce Process Step-by-Step

While state requirements vary, the main process for divorce is the same. Here are the steps you will follow.

1. File For Divorce

The first step is filing a divorce petition with the court. The petition outlines your reasons for divorce and your desired outcomes regarding property division, custody, and support. Filing fees vary by location but generally range from $100 to $500. Local courts often provide form templates for divorce petitions, such as these self-help resources in California.

2. Serve Divorce Papers

After filing for divorce, you have to officially give notice to your spouse. You might not think of your divorce as filing to sue someone, but the formal notice requirement is the same. This is most often achieved by hiring a process server to deliver the documents. Check your state’s requirements for proper service or consult your lawyer.

3. Negotiate Settlement

If you and your spouse can reach an agreement on how to divide property and family responsibilities, then you may be able to avoid court. Negotiation can occur directly with your spouse, though many couples rely on mediators or lawyers to help reconcile different opinions. Even if you aren’t expecting one of the biggest divorce settlements, a lawyer can provide you independent advice before you sign your agreement.

4. Trial

If an agreement cannot be reached, then your case will go through a formal trial process. A litigation lawyer is helpful if you believe your divorce will require going to trial. This includes exchanging evidence and attending hearings in court. A final binding order will eventually be issued that defines how the divorce will be finalized.

5. Finalize Divorce

Once a settlement agreement or court ruling is complete, then the final step is to receive the divorce decree. This legal document finalizes the divorce and outlines all the terms, such as property division, custody arrangements, and support obligations. You need to review this document carefully to ensure it accurately reflects the terms you expect.