Do I need a lawyer to get divorced?

Not always. Short marriages with no kids and no significant property are often handled without one, or with limited-scope help for the paperwork. Contested custody, complex assets, or a spouse who's already hired a lawyer are strong reasons to hire one yourself.

How much does a divorce cost?

Court filing fees are modest, generally in the low hundreds of dollars depending on the state and county. Attorney fees vary enormously — an uncontested case might be a flat fee, while a contested one can run into the thousands or more depending on how much is disputed.

How long does a divorce take?

Anywhere from a few weeks in a fast-moving uncontested case to well over a year for a contested divorce with custody or asset disputes.

What's the difference between separation and divorce?

A legal separation keeps the marriage intact on paper while a court addresses custody, support, and property; divorce actually ends the marriage.

Can I still get divorced if my spouse won't cooperate?

Yes. You can file and proceed even if your spouse won't sign anything or can't be located, though the case becomes contested and generally takes longer.

Do I have to go to court?

Many states let an uncontested divorce be finalized without either spouse appearing in person, based on submitted paperwork alone.

Divorce

Legal information last reviewed: July 3, 2026

Divorce is the legal ending of a marriage, handled either by mutual agreement (uncontested) or by asking a court to decide the disputed issues (contested). Every state sets its own residency requirements, grounds, and property rules, so the mechanics differ by state even though the overall phases look similar everywhere.

Contested vs. uncontested divorce

An uncontested divorce means both spouses agree on everything — property division, custody, and support — and it's usually faster and cheaper, sometimes handled with minimal attorney involvement. A contested divorce means at least one issue is disputed, which triggers discovery, negotiation, and possibly a trial if the parties can't settle.

Grounds for divorce

Every state now allows no-fault divorce, typically citing 'irreconcilable differences' or an irretrievable breakdown of the marriage, with no need to prove wrongdoing. Many states also still allow fault-based grounds like adultery, abandonment, or cruelty, which in some states can affect how property or alimony is decided.

Dividing property and debt

Community property states split assets and debts acquired during the marriage 50/50; equitable distribution states (the majority) divide marital property fairly, which doesn't always mean equally. In both systems, separate property owned before the marriage, or received individually as a gift or inheritance, generally stays with its original owner unless it was mixed with marital funds.

Spousal support (alimony)

Alimony isn't automatic. Courts typically weigh the length of the marriage, the income gap between spouses, and each spouse's earning capacity and age, and every state has its own formula or set of factors for deciding whether, how much, and for how long.

How long it takes and what it costs

An uncontested divorce with no real estate or business to divide can often be finalized in weeks to a few months for a modest filing fee. A contested divorce, especially one involving custody disputes or significant assets, can take a year or more and run into the thousands of dollars in attorney fees.

When to hire a lawyer

Hire a lawyer when there are contested assets like a business, retirement accounts, or real estate, when custody is disputed, when abuse is alleged, or when the income gap makes support a real issue. A short marriage with no kids and no property to divide is often manageable without one.

Frequently asked questions

Do I need a lawyer to get divorced?: Not always. Short marriages with no kids and no significant property are often handled without one, or with limited-scope help for the paperwork. Contested custody, complex assets, or a spouse who's already hired a lawyer are strong reasons to hire one yourself.
How much does a divorce cost?: Court filing fees are modest, generally in the low hundreds of dollars depending on the state and county. Attorney fees vary enormously — an uncontested case might be a flat fee, while a contested one can run into the thousands or more depending on how much is disputed.
How long does a divorce take?: Anywhere from a few weeks in a fast-moving uncontested case to well over a year for a contested divorce with custody or asset disputes.
What's the difference between separation and divorce?: A legal separation keeps the marriage intact on paper while a court addresses custody, support, and property; divorce actually ends the marriage.
Can I still get divorced if my spouse won't cooperate?: Yes. You can file and proceed even if your spouse won't sign anything or can't be located, though the case becomes contested and generally takes longer.
Do I have to go to court?: Many states let an uncontested divorce be finalized without either spouse appearing in person, based on submitted paperwork alone.

Divorce laws by state

The rules covered here are general — specifics like deadlines, dollar limits, and required forms vary by state.

Find your state

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This page is general information, not legal advice, and isn't a substitute for talking to a licensed attorney about your specific situation. Read our full disclaimer.