Complete Guide to Divorce

Divorce can be contested or uncontested. An uncontested divorce is when both parties agree on all major issues including property division, child custody, and alimony. This is faster and less expensive. A contested divorce involves disagreements that may need to be resolved by a judge through litigation.

The process begins when one spouse files a petition for dissolution of marriage with the court. You must meet your state's residency requirements, which typically range from 30 days to one year. The petition outlines what you are seeking in terms of property, custody, and support.

States follow either community property or equitable distribution rules. Community property states split marital assets 50/50. Equitable distribution states divide assets fairly but not necessarily equally, considering factors like income, duration of marriage, and each spouse's contributions.

Courts prioritize the best interest of the child when determining custody. Physical custody determines where the child lives, while legal custody determines who makes major decisions. Child support is calculated using state guidelines based on income, custody arrangement, and the child's needs.

A good divorce attorney protects your rights and helps you navigate the legal process. Look for someone experienced in family law, who communicates clearly, and whose approach matches your goals. Many offer free initial consultations so you can evaluate fit before committing.