Divorce is the legal termination of a marriage. Until a divorce is final, a person remains married in the eyes of the law, even if they are separated or living apart. A divorce does not cause a marriage to be rendered null and void (it is, rather, an annulment that renders a divorce null and void.)

The process of obtaining a divorce often involves issues of distribution of property (also called property division), alimony (also called maintenance or spousal support), child custody, and child support. States laws vary in their approaches to these issues, sometimes dramatically.

Traditionally, state laws required, in order to grant a divorce, that one spouse claim and prove that the other was at fault in causing the breakdown of the marriage. Such divorces are called fault divorces.

Almost all states now allow no fault divorces. A no fault divorce is a divorce where the filing spouse (the spouse suing for divorce) is not required to prove that the other spouse did something wrong that caused the divorce. Rather, a spouse generally just has to prove that a breakdown of the marriage occurred and that it is no longer possible to continue the marital relationship. Some states have different or additional requirements for a no fault divorce (such as required periods of separation).

A divorce may be said to be an uncontested divorce if the spouses are able to agree on their own about issues such as property distribution, alimony, child custody and child support. Often, lawyers or mediators are involved in uncontested divorces to facilitate the process, draft agreements, and perform other tasks. If spouses are able to agree, the terms will often be drafted into a document (often called a Marital Settlement Agreement). Courts generally must approve such agreements between the spouses. Courts in most states, however, almost always approve such agreements, as long as an agreement is reasonable, fair and equitable. The laws of most states express a preference for spouses coming to an agreement themselves about the issues involved in a divorce.

A divorce may be said to be a contested divorce if the spouses are unable to agree on their own about major issues involved in the divorce. In such a case, courts must determine the rights of the parties involved, including the rights and best interest of any children of the spouses.

We have provided links for you to learn about the divorce laws of some of the larger states. They not only explain the state laws, but also give you links to read the relevant statutes and links to child support guidelines.

To fully understand divorce law and family law, it may be necessary to read and interpret statutes with case law and regulatory law. It is important to check to see if laws are up date. For these and other reasons, it is always best to consult with a qualified family law attorney. The legal information on this website is not intended as legal advice and should not be relied on as such. It is intended only as an introduction to the way that the law functions in these areas.

Grounds for divorce are the legal reasons for a divorce. States vary in their requirements for granting a divorce. Although states used to typically require that one spouse establish that the other spouse was at fault in causing the divorce, almost all states now allow something called a no fault divorce. (Notably, New York does not.) In fact, a no fault divorce is now the only option for divorce in many states.

A no fault divorce is a divorce where the filing spouse (the spouse suing for divorce) is not required to prove that the other spouse did something wrong that caused the divorce. To obtain a no fault divorce, states typically require that one spouse make a general allegation that a reason exists to obtain a divorce that is recognized by that state as a valid legal reason for a divorce. In most states, it is sufficient to allege that you cannot get along with your spouse, or at least that you cannot get along enough to make the marriage continue to work. (In many states, this is referred to as irreconcilable differences or irretrievable breakdown of the marriage relationship.) However, many states require a period of separation, in addition to simply stating that a legally-recognized reason for a divorce exists.

Traditionally, state laws required, in order to grant a divorce, that one spouse claim and prove that the other was at fault in causing the breakdown of the marriage. Such divorces are called fault divorces. Most states allow a spouse to sue for a fault divorce. Sometimes a person would pursue this type of divorce to get out of a state’s required period of separation for a no fault divorce. In other cases, fault may be taken into account by courts as a factor in decisions about alimony (also called maintenance or spousal support) and property division (also known as division of assets). In some states only specific types of fault may be taken into account in decisions about division of property or alimony (for instance, adultery).

For information about the laws on grounds for divorce in your state, see the links to the right.

It is important to know the difference between a legal separation and an informal separation, a de facto separation, or simply living separately from one’s spouse.

A legal separation generally refers to a legal status, typically granted by court order, where a person is still married to his or her spouse. Only some states allow for legal separations in this sense. And states that do allow them differ in how they define them. In other words, a legal separation in one state may not have the same meaning as a legal separation in another state. This is apparent when one considers all the different names that different states use for court actions that generally are, in effect, legal separations. Examples include judicial separation, separate maintenance, divorce a mensa et thoro and divorce from bed and board. Legal separations were once more common than they are today. Spouses often would legally separate if they wanted to avoid divorce for religious reasons.

In the case of a legal separation, a court order typically either (1) approves an agreement between spouses on issues such as property, spousal support, child custody, and child support (this might be referred to as an uncontested legal separation), or (2) determines the respective rights of the spouses on these issues.

Many states do not allow for a legal separation in the sense described above. However, some states do allow one spouse to sue the other spouse (without divorcing) over issues such as alimony (sometimes called maintenance or spousal support), property division, child custody or child support.

In states that do not allow for any sort of formal legal separation, as described above, spouses may still separate informally or simply live separately from one’s spouse. Living apart from one’s spouse for a certain legally-specified period of time is a requirement to obtain a no fault divorce in some states.

Division of property (also referred to as property distribution) refers to the process of distributing assets and debts pursuant to a divorce.

Spouses are generally free (and even encouraged by courts) to agree on their own about how to divide property and debts (along with other issues). Often, lawyers or mediators are involved to facilitate the process, draft agreements, and perform other tasks. If spouses are able to agree, the terms will often be drafted into a document (often called a Marital Settlement Agreement). Courts generally must approve such agreements between the spouses. Courts in most states, however, almost always approve such agreements, as long as an agreement is reasonable, fair and equitable. The laws of most states express a preference for spouses coming to an agreement themselves about the issues involved in a divorce.

If spouses cannot agree on how to divide property and debts, courts will do it for them. State laws differ on how the division of property takes place. However, states generally fall into one of two categories in terms of their property-division approaches: (1) equitable distribution states, and (2) community property states.

Most states use the equitable distribution approach. Under this approach, marital property is divided equitably between the spouses pursuant to a divorce. This seems simple in concept; however, it is important to pay attention to a few details.

First, in an equitable distribution state, only marital property is typically divided between the spouses. Other property, referred to as separate property or non-marital property is said to be not subject to equitable distribution and is generally retained by the spouse that originally owned that property. Marital property is generally defined as assets and debts during a marriage (note that states do differ in their specific definitions). Conversely, separate or nonmarital property, usually includes inheritances received before or during the marriage, assets accumulated prior to marriage or while cohabitating prior to marriage, and increases in value of a separate asset due to “passive appreciation” (for instance, interest).

Again, all of this seems simple enough on the surface; however the question of whether specific property is marital or non-marital in nature can get quite complicated (for example, in many states, the increase in value of investments during marriage, like stocks, may be marital property, even if the investments themselves are separate property).

Second, in an equitable distribution state, property is split between the spouses in a way that a court deems to be equitable. But “equitable” does not necessarily mean “equal” or 50/50. Rather, it generally means that property will be split in a way that a court believes to be fair or just.

In determining what would be an equitable (or fair and just) distribution of property and debts, courts generally look at a large variety of factors. These often include: (1) the earning power of the spouses, (2) the amount/value of separate property of the spouses, (3) whether one spouse mainly contributed to the acquisition of marital property in an economic sense, (4) the value contributed by a spouse as a homemaker, (5) the duration of the marriage, (6) the age and relative health of the spouses, (7) the responsibility to provide for children of the marriage, (8) the necessities and circumstances of the spouses, (9) each spouse’s earning ability, (9) the spouses’ past relations and conduct, and (10) general principles of equity.

In some states, fault may be taken into account by courts as a factor in decisions about division of property as well as alimony. In certain states, only specific types of fault may be taken into account in decisions about division of property or alimony (for instance, adultery).

Alimony (sometimes referred to as maintenance or spousal support) is the court-ordered financial support of one spouse by the other spouse as part of a legal separation or a divorce. Alimony is not mandatory in any divorce. Whether to grant alimony, as well as the duration, amount, and type of alimony depends on the particular circumstances of a given case and specific state law.

Alimony can generally be taken out of a payor spouse’s property or out of his or her income depending upon the nature of the case, the type of alimony, conditions of the spouses and specific state law.

There are several different types of alimony. While some states have narrower definitions of alimony, many states allow for these various types of alimony. Sometimes courts will grant a combination of these types of alimony if the need arises and if state laws allow for it.


Rehabilitative alimony is generally granted for a specified period of time when a spouse is found to be in disadvantaged circumstances upon divorce. The alimony is intended to enable the recipient spouse to find suitable employment and to assist the spouse in achieving a standard of living that is close to that enjoyed during the marriage.

Alimony in futuro is paid in periodic (usually monthly) payments to support a spouse over a long-term period, often until death or remarriage of the recipient spouse.

Transitional alimony is awarded to help the recipient spouse adjust to the economic consequences resulting from a divorce. It is generally temporary in nature.

Alimony in solido (also known as lump sum alimony) may be awarded in lieu of or in addition to any other alimony award to provide support wherever appropriate.

In determining whether to grant alimony, as well as the duration, amount, and type of alimony, courts generally look at a variety of factors. Examples of include: (1) earning capacity and financial resources, (2) education level and training acquired or the need for education or training to improve earning capacity, (3) duration of the marriage, (4) age, mental and physical condition of each spouse, (5) child-care and custody considerations, (6) separate assets, and (7) standard of living during the marriage. These are only examples of the sorts of factors that courts consider. In many states, courts may consider general principles of equity and any other relevant factor.

Modifying or Terminating Orders for Spousal Support

A court generally may modify the alimony amount if either spouse requests it from a court and if circumstances have changed since the original judgment for support. Some examples of a change in circumstances that might warrant a modification of a support order would be remarriage, cohabitation, changes in need, changes in ability to pay, retirement, or the death of the payor.

In general, permanent alimony terminates when either party dies or when the recipient remarries. In some states, alimony payments may end, or a payor spouse may petition a court to terminate alimony payments, if the recipient spouse cohabitates with another person in a relationship substantially like that of a marriage. State laws vary in their requirements in this area. 

Courts generally prefer that parents come to an agreement themselves regarding child custody. However, if parents are unable to agree, courts will determine child custody.

In all states, the primary guiding principle used to in custody determinations is what is in the best interests of the child. (This is often referred to as the best interests of the child standard).

In determining what is in the best interests of the child, courts generally consider a variety of factors. These factors often include: (1) emotional bonds, love, and affection involved between the spouses and the child, (2) capacity and capability of each parent to raise the child in a loving and responsible way, (3) economic capacity of each spouse to meet the essential requirements of the child, (4) stability and permanence of the home environment and family unit of each of the spouses, (5) moral, mental and physical fitness of each of the spouses, (6) the child’s home, school and community record and the child’s needs regarding these factors, (7) child’s preference, and (8) history and presence of domestic violence. These are only examples of the sorts of factors that courts consider. In many states, courts may consider any other relevant factor.

Most states recognize different types of child custody. One important distinction is the difference between legal custody and physical custody (often referred to as residential custody). Legal custody generally refers to the right and responsibility to make decisions for a minor child. This can take the form of either joint custody or sole custody. Physical custody (or residential custody) refers to where a child lives. Physical custody also can take the form of either joint custody or sole custody.

Child Visitation

State laws typically presume that a child’s best interests are generally served by having strong relationships with both parents. Thus, a non-custodial parent is generally awarded visitation (often called parenting time). Exceptions generally exist where a court finds that visitation or parenting time would endanger, or be detrimental to, a child’s physical, mental or emotional health. In determining the frequency, length and type of parenting time, courts generally consider similar factors that they would in a custody determination.

Child support is a court-ordered payment by one parent to the custodial parent of a minor child, generally after divorce or separation.

In determining the amount that any one parent must pay in child support, most states start by figuring out the total amount of money that both parents combined should be obligated to pay for the support of a child.

Often courts use standard state child support guidelines to determine the basic amount of child support owed for the support of a child. The child support guidelines generally mandate a certain amount of money that the law presumes to be owed for child support by parents according to the combined income of the parents. Courts then may take a variety of other factors into account in adjusting the total amount of child support.

Finally, courts determine what percentage of support each parent should pay. The main factors in determining this are custody arrangements and income/assets of each parent.

Divorce lawyers get involved with many issues that relate to the termination of marriage. The following link can help you understand relevant divorce law terms. The links below provide information about some of the more common divorce law issues, as well as information about what to consider when hiring that particular type of divorce attorney.

CheckedOutDivorceLawyers.com provides the best way to find divorce lawyers and divorce attorneys, along with divorce laws and information.

To find the right divorce lawyer for you, it's critical to use a method that makes sense. Two common methods make little sense:

Advertisements & Attorney Listing Services …

Is the divorce lawyer with the biggest ad in the phone book the best divorce lawyer for you? Not likely. It's easy to see why you might not find the attorney who's right for you through an advertisement.

How about services that merely list attorneys, often on websites? Are they any better? Probably not. Listing services are typically just advertisements. Like the phone book, cash is usually the only criteria for a service to list a divorce lawyer.

Ask yourself: Do listing services screen attorneys in any way?

Do they check …

• • References of other attorneys?
• • References of former clients?
• • If a divorce lawyer has a disciplinary history?
• • If a divorce lawyer is properly licensed?
• • If divorce law or a significant part of a lawyer's practice?

Listing services typically fail to answer any of these questions. They simply leave it up to you.

Client Referrals …

Client (non-lawyer) referrals usually make little sense. Why? Because clients rarely know enough about the process of practicing law to understand what their divorce lawyer actually did for them. Or to understand if their divorce lawyer did a quality job for them compared to other divorce lawyers.

Could they have achieved a better result with another attorney? Were the results achieved by the divorce lawyer typical for that lawyer?

It's not that client referrals can't be helpful, but they should be only one of several criteria that a person uses to hire an attorney.

The CheckedOutDivorceLawyers.com Method

CheckedOutDivorceLawyers.com com provides the best way to find a quality, prescreened divorce lawyer in your area. What do we mean by prescreened? We mean that we do the hard part. It's free, easy, and confidential.

We have a lawyer who works for us check out divorce lawyers and family lawyers for you, by doing out the following:

• (1). We make sure divorce law or family law is a substantial part of the lawyer's practice
• (2). We make sure the divorce lawyers are properly licensed
• (3). We make sure the divorce lawyers have no public record of professional discipline
• (4). We speak to three former clients of the divorce lawyer who have had favorable experiences
• (5). We speak to three other attorneys who speak highly of the divorce lawyer and their expertise in divorce law

You can do some of what we do yourself. You can use our How to Check Out Lawyers page to check out a specific divorce lawyer who you are already thinking about using. You can also use the links to check out any other lawyer. Alternatively, you can use CheckedOutDivorceLawyers.com to learn more about verified divorce lawyers who we've already checked out.