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Family Law

What is Divorce?

The legal dissolution of a marriage by a court or other competent body, ending the marital relationship and dividing assets, debts, and responsibilities.

Understanding Divorce

Divorces can be contested (parties disagree) or uncontested (parties agree on terms). Most states now offer no-fault divorce, where neither party must prove wrongdoing. The process involves property division, spousal support, and custody arrangements if children are involved.

Examples

  • 1No-fault divorce citing irreconcilable differences
  • 2Contested divorce over property division
  • 3Collaborative divorce using mediation instead of litigation

Why This Matters in Legal Cases

Divorce affects virtually every aspect of a person's life—finances, living situation, parental relationships, and emotional well-being. Understanding the process helps clients make informed decisions rather than reactive ones. The choices made during divorce—especially regarding property division and custody—have long-lasting consequences that are difficult or impossible to change after the fact.

Explaining to Clients

Help clients understand that divorce is a legal and financial process, even though it is emotionally charged. Encourage them to approach decisions with their long-term interests in mind rather than reacting emotionally. Explain the key issues that must be resolved: property division, debt allocation, spousal support, and child custody/support if applicable.

Frequently Asked Questions

What is the difference between contested and uncontested divorce?

An uncontested divorce means both spouses agree on all major issues including property division, custody, and support. It is faster, cheaper, and less stressful. A contested divorce means the spouses disagree on one or more issues and need the court to decide. Contested divorces can take months or years and cost significantly more in attorney fees.

How is property divided in a divorce?

Property division depends on your state's system. Community property states (like California and Texas) generally split marital property 50/50. Equitable distribution states (the majority) divide property fairly but not necessarily equally, considering factors like marriage length, each spouse's income, contributions, and future needs. Separate property (owned before marriage or received as gifts/inheritance) is typically not divided.

How long does a divorce take?

Timelines vary significantly. An uncontested divorce with no children can sometimes be finalized in 1-3 months. Contested divorces with complex property or custody issues can take 1-3 years or longer. Many states impose mandatory waiting periods (30 days to 1 year) between filing and finalization.

Sources

Related Terms

Child Custody

The legal arrangement determining where children will live and who will make important decisions about their upbringing after parents separate or divorce.

Alimony

Court-ordered financial support paid by one spouse to the other during or after divorce, also known as spousal support or maintenance.

Child Support

Ongoing payments made by a non-custodial parent to help cover the costs of raising their child, typically continuing until the child reaches adulthood.

Parenting Plan

A written agreement between parents that outlines how they will share time with their children, make decisions, and handle disputes after separation or divorce.

Marital Property

Assets and debts acquired during the marriage that are subject to division in a divorce, as opposed to separate property owned before marriage or received as gifts/inheritance.

Last updated: January 24, 2026
Reviewed by: Quilia Legal Content Team

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