What divorce involves
Divorce is the court process that legally ends a marriage. Along the way, the spouses or the judge decide how to divide property and debts, whether one spouse pays spousal support (also called alimony), and, for parents, custody, parenting time and child support.
Every state allows no-fault divorce, which means a spouse does not have to prove the other did something wrong, such as adultery. Some states also keep fault grounds, which can matter in certain situations. Many states also offer legal separation, which settles the same issues without ending the marriage.
Who may be affected
Anyone ending a marriage goes through this process, whether the divorce is uncontested, meaning the spouses agree on everything, or contested, meaning a judge decides what they cannot agree on. Most states require at least one spouse to have lived in the state for a minimum time before filing.
If you are worried about your safety or your children's safety, courts can issue protective orders, and the National Domestic Violence Hotline is available at 1-800-799-7233. In an emergency, call 911.
Money, property and children
Nine states use community property rules, which generally treat most property earned during the marriage as owned equally by both spouses: Arizona, California, Idaho, Louisiana, Nevada, New Mexico, Texas, Washington and Wisconsin. Most other states divide marital property in a way the court considers fair, which is not always 50-50.
Custody is decided based on the best interests of the child, and child support is usually calculated with a state formula. Under federal tax law, alimony paid under a divorce agreement signed after 2018 is not deductible for the payer and is not taxable income for the person who receives it.
Where things stand (as of October 2026)
As of October 2026, every state still offers no-fault divorce. Lawmakers in a few states, including Texas and Oklahoma, have proposed ending or limiting it, but those proposals had not become law in the sources checked. A 2025 Texas bill died in committee, and the idea was being discussed again ahead of the state's 2027 legislative session.
Many state courts offer self-help centers and online forms for people who handle a simple divorce without a lawyer. California's court website is one example.
Deadlines and what to gather
There is usually no deadline to file for divorce, but deadlines start once a case begins. A spouse who is served with divorce papers has a limited time to respond, often a few weeks, and missing it can lead to a default judgment, where the court decides without hearing from that spouse. Some states have waiting periods; in California, a divorce takes at least six months to finish. Deadlines to appeal or to change support orders vary by state.
- Recent tax returns, pay stubs and proof of other income
- Bank, retirement and investment statements
- Deeds, car titles, loan papers and credit card statements
- A list of monthly expenses and debts
- Children's school, medical and child care information
- Any prenuptial or postnuptial agreement
Talking to a lawyer
A licensed family law attorney can explain your state's rules, protect your rights in negotiations and tell you whether mediation makes sense. In mediation, a neutral person helps spouses reach their own agreement; many courts offer or require it for parenting disputes. Your state bar's lawyer referral service and local legal aid offices can help you find help.
Family lawyers usually charge by the hour and ask for an upfront payment called a retainer, which they bill against. Contingency fees, where the lawyer takes a percentage of the outcome, are generally not allowed in divorce cases. Ask for a written fee agreement and regular itemized bills.
