Divorce is the legal process that ends a marriage. In the United States, divorce is handled under state law, not federal law, so the exact steps, forms, and waiting periods depend on where you file. Most cases follow a similar path: one spouse files a petition with the local family court, the other spouse is notified and responds, both sides exchange financial and personal information, and the case ends either by agreement or by a judge’s decision.
This article explains the general framework, including the difference between no-fault and contested divorce, how mediation fits in, and what documents people typically need to gather. It is educational information only. It is not legal advice for your situation.
No-Fault vs. Fault-Based Divorce
Every state now allows no-fault divorce, which means a spouse can end the marriage without proving the other person did something wrong. The most common no-fault ground is that the marriage has broken down and cannot be repaired, sometimes called “irreconcilable differences” or “irretrievable breakdown.”
Some states also still allow fault-based divorce, where one spouse must prove specific misconduct, such as adultery or abandonment. Whether fault grounds exist, and what they require, varies by state.
No-Fault Divorce
- Available in every state
- Neither spouse has to prove wrongdoing
- Often faster and less adversarial
- May still involve disputes over property, support, or custody
Fault-Based Divorce
- Only available in some states, for specific reasons defined by that state’s law
- Requires evidence of the claimed misconduct
- Can affect how a court divides property or awards support in some states, but not all
- Usually takes longer and costs more due to the extra proof required
Contested vs. Uncontested Divorce
Separately from the no-fault question, a divorce can be contested or uncontested. This describes whether the spouses agree on the terms.
Uncontested Divorce
- Both spouses agree on major issues: property division, debt, support, and custody if there are children
- Usually resolved faster and at lower cost
- May still require a court hearing to finalize, depending on the state
Contested Divorce
- Spouses disagree on one or more major issues
- Involves more court filings, hearings, and sometimes a trial
- Often takes longer and costs more
- Usually benefits from having a licensed attorney involved
How Mediation Fits In
Mediation is a process where a neutral third person, called a mediator, helps both spouses talk through disagreements and try to reach their own agreement instead of having a judge decide. The mediator does not represent either spouse and does not make the final decision.
Mediation can be used for some or all of the issues in a divorce, including property division, parenting arrangements, and support. Many courts encourage or require mediation attempts before a contested case goes to trial, though the rules on when mediation is required vary by state and even by county.
- What mediation can do: help spouses communicate, narrow disagreements, and draft a settlement agreement
- What mediation cannot do: replace independent legal advice, force a spouse to accept terms, or guarantee a court will approve every detail of the agreement
Even when mediation goes well, it is common for each spouse to have a lawyer review the final agreement before signing.
Documents to Start Gathering
Regardless of which path a divorce takes, courts and attorneys typically need similar categories of information. Starting a folder early can save time later.
- Marriage certificate
- Recent tax returns and pay stubs for both spouses
- Bank, retirement, and investment account statements
- Mortgage, lease, and property ownership records
- Records of debts, including credit cards and loans
- Health insurance information
- Children’s birth certificates and school or medical records, if applicable
- Any existing prenuptial or postnuptial agreement
The Consumer Financial Protection Bureau offers general tools for organizing financial records and understanding credit and joint accounts, which can be useful when separating finances during a divorce. You can review those resources on the CFPB’s consumer tools page.
Jurisdiction Limits: Why Your State Matters
Family law is set by each state, so residency requirements, required waiting periods, available grounds, and how property and support are decided all differ depending on where you live and where you file. A rule that applies in one state may not apply in a neighboring one.
Because of this, general information like this article cannot tell you your state’s specific residency period, filing fees, or required forms. For that, check your state court system’s self-help or family law section, or contact a licensed attorney in your state. The federal government’s overview page is a useful starting point for understanding the general process and finding your state’s resources: USA.gov’s divorce and annulment guide.
When to Involve a Licensed Attorney
General information can help you understand the landscape and prepare questions, but it cannot replace advice based on your specific facts. Consider contacting a licensed attorney in your state if:
- There is a dispute over child custody, parenting time, or child support
- Significant assets, debts, retirement accounts, or a business are involved
- There is a history of domestic violence or safety concerns
- One spouse is not cooperating or cannot be located
- You are unsure how a proposed agreement will affect your legal rights
If safety is at risk, contact local law enforcement or a domestic violence hotline before anything else. If you cannot afford an attorney, your state’s legal aid organization or court self-help center may be able to assist; see our guide to finding legal-aid and court resources for a starting point.
Frequently Asked Questions
Is no-fault divorce available everywhere in the U.S.?
Yes, every state allows no-fault divorce. Some states also allow fault-based divorce as an additional option, but the specific rules differ by state.
Do I have to go to mediation before I can get divorced?
It depends on the state and sometimes the county. Some courts require mediation for contested issues like custody before scheduling a trial, while others make it optional. Check your local family court’s rules.
Can I complete a divorce without a lawyer?
Many uncontested, no-fault divorces are completed without a lawyer, especially when there are no children or complex assets. However, even simple cases can have long-term legal consequences, so many people still choose to have an attorney review the final paperwork.
How long does a divorce take?
Timelines vary widely by state and by whether the case is contested. Some states have mandatory waiting periods before a divorce can be finalized. Your state court’s self-help resources or a local attorney can give you a realistic timeline for your situation.
Educational Information, Not Legal Advice
This article provides general, jurisdiction-neutral education about how divorce commonly works in the United States. It is not legal advice, does not create an attorney-client relationship, and should not be used as a substitute for reviewing your state’s specific laws or speaking with a licensed attorney about your situation. Laws change, and rules vary by state and locality. For how we research and fact-check our content, see our sources and fact-checking policy and editorial standards.