Key Issues You’ll Need to Resolve in a Divorce
Before filing for divorce, it’s helpful to understand the core decisions every divorce must address.
Property division
Every divorce requires determining how marital property and debts will be divided. States follow either a community property or equitable distribution system, which affects how assets are allocated. Identifying which property is marital versus separate is a critical early step.
Spousal support (alimony)
Spousal support may be awarded in some divorces to address income differences between spouses. Courts consider factors such as the length of the marriage, earning capacity, and financial contributions.
Child custody and parenting time
When children are involved, parents must establish custody and parenting time arrangements. Courts prioritize the child’s best interests, including stability, caregiving history, and each parent’s ability to meet the child’s needs.
Child support
Child support is calculated using state guidelines based on income, parenting time, and the child’s needs.
Understanding these issues early helps you decide whether your divorce is more likely to be resolved through agreement or will require court involvement.
Divorce Processes and Options
Depending on your situation and your state’s laws, your divorce may follow one of several common paths:
- Uncontested divorce: Spouses submit a full agreement for court approval, often with minimal court involvement.
- Contested divorce: Disputes are resolved by a judge after hearings or a trial.
- Collaborative divorce: Both spouses and their lawyers work cooperatively outside of court to reach a settlement. If the process fails, the lawyers must withdraw.
- Default divorce: The court may grant a divorce if one spouse files properly and the other fails to respond.
- Summary or simplified divorce: Some states offer streamlined procedures for short marriages with limited assets, no children, and minimal debt.
Availability and requirements for each option vary by state.
Filing for Divorce: General Steps
Once you understand the key issues and the type of divorce you’re pursuing, the next step is navigating the filing process. This section outlines the procedural steps most divorces follow, without re-explaining the underlying legal issues.
While filing requirements vary by state (and sometimes by county), most divorces follow a similar process. Understanding each step can help you avoid delays and mistakes.
- Meet residency and eligibility requirements
Before you can file, at least one spouse must meet the state’s residency requirement, which typically ranges from a few months to a year. Some states also require a period of separation before filing or before the divorce can be finalized. - Prepare and file the initial divorce paperwork
The divorce process usually begins by filing a Petition for Divorce (also called a Petition for Dissolution of Marriage) with the appropriate court. This document identifies the spouses, states the grounds for divorce, and outlines initial requests regarding property, support, custody, and other issues. - Serve your spouse with divorce papers
After filing, you must legally notify your spouse by serving them with the petition and a summons. States have strict rules about who may serve papers and how service must be completed. If your spouse cannot be located, alternative service methods—such as publication—may be allowed as a last resort. - Allow time for a response
Your spouse has a limited time to respond after being served. They may agree to the terms, file a formal response raising disagreements, or fail to respond altogether. If no response is filed, you may be able to request a default divorce. - Exchange financial information and disclosures
Many states require both spouses to fully disclose income, assets, debts, and expenses. Accurate financial disclosures are critical, as courts rely on them to evaluate property division, support, and settlement agreements. - Complete any required waiting or separation period
Some states impose mandatory waiting periods between filing and finalization, even in uncontested divorces. This time may be used to negotiate a settlement agreement, complete parenting classes, or attend mediation if required. - Resolve disputed issues or submit a settlement agreement
If your divorce is uncontested, you and your spouse can submit a Divorce Settlement Agreement for court approval. If issues are contested, the court may require mediation, hold hearings, or schedule a trial to resolve disagreements. - Attend a final hearing (if required)
In some cases, at least one spouse must appear before a judge to confirm the terms of the divorce. Other states allow final approval without a court appearance when all paperwork is in order. - Receive the final divorce decree
Once the judge approves the divorce, the court issues a final divorce decree. This document legally ends the marriage and sets out each spouse’s rights and obligations going forward.
Because courts can reject incomplete or inaccurate filings, carefully following local rules—and getting legal help when needed—can save time, money, and stress.
Tips to Make the Divorce Process Less Surprising
This section offers practical guidance and reminders that build on the information above. Rather than restating legal rules, these tips focus on preparation, expectations, and common pitfalls that can affect how smoothly a divorce proceeds.
Tip #1: Understand how your state treats marital property
Early in the process, confirm whether your state follows a community property or equitable distribution system. This distinction affects how marital assets and debts are divided, but it does not determine the outcome on its own. Courts may allow deviations based on factors such as fairness, contributions, or special circumstances.
Tip #2: Consider whether legal help makes sense for your situation
While some divorces can be handled without a lawyer, many benefit from legal guidance. Divorce involves strict deadlines, court procedures, and long-term financial and parenting consequences. Even limited advice from an attorney can help you avoid costly mistakes.
Tip #3: Plan for the possibility of support obligations
Alimony (also called spousal support or maintenance) and child support are common features of divorce. Support decisions depend on income, earning capacity, and—in the case of child support—the child’s needs and parenting arrangements. Understanding these possibilities early can help you plan financially and negotiate more effectively.
Tip #4: Resolve as many issues as possible outside of court
Judges generally encourage spouses to resolve disputes by agreement rather than litigation. Reaching consensus on property, support, and parenting issues can reduce costs, shorten timelines, and give both spouses more control over the outcome.
Tip #5: Take paperwork and court requirements seriously
Accurate and complete paperwork is essential. Courts may reject filings that are incomplete, inconsistent, or improperly served, which can delay your case. Even when emotions run high, presenting yourself as organized and cooperative can help the process move forward more efficiently.
When to Get Legal Help
While some divorces are relatively straightforward, legal guidance becomes especially important in certain situations. You may want to consult a lawyer or legal service if:
- You and your spouse disagree on major issues
- Significant assets, debts, or business interests are involved
- There are concerns about safety, coercion, or power imbalances
- You’re unsure how to comply with your state’s procedural or filing requirements
You can explore your state’s specific rules in our Divorce Laws by State guide or Consult a Legal Pro through Rocket Lawyer for personalized help.
Please note: This page offers general legal information, not but not legal advice tailored for your specific legal situation. Rocket Lawyer Incorporated isn't a law firm or a substitute for one. For further information on this topic, you can Ask a Legal Pro.
