Divorce FAQ

Uncontested divorces typically take 2-6 months, while contested divorces can take 1-2 years or more depending on complexity and court schedules. Most states have mandatory waiting periods ranging from 30 days to 6 months.

The process typically involves: 1) Filing a petition, 2) Serving your spouse, 3) Financial disclosure, 4) Negotiating agreements or going to trial, 5) Finalizing the decree. Each state has specific requirements and timelines.

Yes, divorce doesn't require both parties' agreement. If your spouse doesn't respond to divorce papers or contest the divorce, you may be able to get a default judgment.

You're not required to have a lawyer, but it's recommended for complex cases involving children, significant assets, or disputes. Simple uncontested divorces may be handled pro se (representing yourself).

Generally, each spouse pays their own attorney fees. However, courts may order one spouse to pay the other's fees in cases of significant income disparity or bad faith conduct.

Hourly rates typically range from $200-$500. Total costs vary widely: uncontested divorces may cost $1,000-$5,000, while contested cases can exceed $15,000 per spouse.

Legal custody refers to decision-making authority for the child's education, healthcare, and welfare. Physical custody refers to where the child lives and spends time.

Courts focus on the child's best interests, considering factors like: parent-child relationships, each parent's ability to provide care, child's preferences (if age-appropriate), stability of home environments, and any history of abuse.

Yes, custody can be modified if there's a significant change in circumstances affecting the child's best interests. This requires court approval and usually involves showing the change is substantial and ongoing.

If spouses can't agree, the court will divide property according to state law - either community property (50/50 split) or equitable distribution (fair but not necessarily equal).

Generally no. Property owned before marriage is typically considered separate property. However, if it was commingled with marital property or increased in value during marriage, it may become subject to division.

Courts consider factors like: length of marriage, income disparity, earning capacity, age and health, contributions to the marriage, and standard of living. Some states use formulas while others give judges discretion.

Asset hiding is illegal and courts take it seriously. You can request financial discovery, hire a forensic accountant, and the court may impose penalties on the hiding spouse including awarding you a larger share of assets.

Yes, legal separation isn't required for divorce in most states. However, the date of separation may be important for determining which assets and debts are marital vs. separate property.

Joint debt is typically divided between spouses in the divorce decree. However, creditors can still hold both parties responsible regardless of the court order. It's best to pay off or transfer joint debts when possible.