Divorce FAQ — common questions answered by family law experts
Answers to the most common questions about filing for divorce.

Top 10 FAQs About the Divorce Process

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Navigating a divorce brings up many questions. Here are clear answers to ten of the most common inquiries regarding the divorce process.

Frequently Asked Questions

1. How long does a divorce take?

The timeline varies greatly by state waiting periods and whether the divorce is contested or uncontested. It can take anywhere from a few months to over a year.

2. Do I need a lawyer to get a divorce?

No, you are not legally required to have a lawyer. However, if your divorce is complex or contested, legal representation is highly recommended.

3. What is a no-fault divorce?

A no-fault divorce means neither spouse has to prove the other did something wrong to end the marriage. 'Irreconcilable differences' is a common ground.

4. How is property divided?

States follow either 'community property' (50/50 split) or 'equitable distribution' (fair but not necessarily equal split) rules.

5. How is child support calculated?

Child support is calculated using state-specific formulas based on both parents' incomes, the number of children, and the custody arrangement.

6. Can I get a divorce if my spouse refuses?

Yes. One spouse cannot force the other to stay married. If they refuse to participate, the court can grant a default judgment.

7. What is the difference between separation and divorce?

Legal separation allows couples to live apart and divide finances/custody while remaining legally married. Divorce officially ends the marriage.

8. Who pays the marital debts?

Debts acquired during the marriage are typically divided similarly to marital property, depending on whether you live in an equitable distribution or community property state.

9. Can I change my name during the divorce?

Yes, you can usually request to restore your former name as part of the divorce decree.

10. What happens to my retirement accounts?

Retirement accounts accrued during the marriage are generally considered marital property and are subject to division, often requiring a Qualified Domestic Relations Order (QDRO).

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Reviewer: Senior Editor - My Divorce Kit Legal Data Team