Timeline varies widely by state and how contested the divorce is. Most states have a mandatory waiting period — anywhere from 20 days to 6 months — that begins once the divorce petition is served. An uncontested divorce (both parties agree on everything) can often be finalised in 3–9 months. Contested divorces involving property disputes or custody battles typically take 1–3 years. Your state's rules and local court backlogs are the biggest factors.

States follow one of two systems. Nine states (AZ, CA, ID, LA, NV, NM, TX, WA, WI) use community property: most assets and debts acquired during marriage are split 50/50. All other states use equitable distribution: a judge divides assets "fairly," which doesn't always mean equally. In both systems, property you owned before marriage or received as a gift or inheritance is generally your separate property and not subject to division.

Every state uses "the best interests of the child" as the guiding standard. There are two types of custody: legal (who makes decisions about health, education, welfare) and physical (where the child lives). Both can be sole or joint. Courts strongly favour both parents staying involved. If you and your spouse can agree on a parenting plan, a judge will typically approve it without a hearing — which saves time, money, and stress.

Spousal support (also called alimony or spousal maintenance) is money one spouse pays to help the other maintain a reasonable standard of living. Judges consider length of marriage, each spouse's income and earning capacity, standard of living during marriage, and other factors. It's not automatic — you must request it. Short marriages rarely result in long-term support. Very long marriages may result in indefinite support. The specifics vary significantly by state.

You are not legally required to have an attorney in any state. For simple, uncontested divorces with no children and minimal shared assets, many people file themselves using court self-help forms. However, for anything involving children, significant assets, a business, retirement accounts, or if your spouse has an attorney — you should seriously consider legal representation. Even a single consultation to review your agreement is almost always worth the cost.

If the home was purchased during the marriage, it's considered marital property in most states. Your main options are: (1) sell and split the proceeds, (2) one spouse buys out the other and refinances in their own name, or (3) continue co-owning temporarily — common when children are involved and stability matters. If one spouse owned the home before marriage, it may be separate property, though courts may still consider its increased value during the marriage.

A legal separation formally divides your assets, debts, and parenting responsibilities while you remain legally married. You can't remarry while legally separated. Reasons people choose separation over divorce: religious beliefs, maintaining health insurance benefits, or uncertainty about ending the marriage. Not all states recognise legal separation. Divorce legally ends the marriage. Most rights and financial ties are fully severed once the divorce is final.