Divorce Lawyer FAQ

Frequently Asked Questions About Divorce

How long does a divorce take?

• Uncontested: 3-6 months
• Contested: 9-24 months
• Complex: 1-3+ years

Depends on state, complexity, and level of conflict.

How much does a divorce cost?

• Uncontested: $1,500-$5,000
• Mediated: $5,000-$15,000
• Contested: $15,000-$30,000+
• High-conflict: $50,000+

Do I need a lawyer for my divorce?

Strongly recommended, especially if you have:

• Children
• Significant assets
• A contested situation
• A spouse with a lawyer

What's the difference between contested and uncontested divorce?

• Uncontested: Both spouses agree on all terms
• Contested: Disagreements require court resolution

What about custody of our children?

Most states use a "best interests of the child" standard. Factors include:

• Each parent's relationship with the child
• Stability of home environments
• Parents' ability to cooperate
• Child's preferences (age-dependent)
• Any history of abuse or neglect

How is property divided?

Two main approaches:

• Equitable distribution (most states): Fair, not necessarily equal
• Community property (9 states): 50/50 split of marital assets

What is alimony/spousal support?

Payments from one spouse to another after divorce. Based on:

• Length of marriage
• Income disparity
• Earning capacity
• Standard of living during marriage
• Age and health
• Contributions to marriage

How is child support calculated?

Each state has guidelines based on:

• Both parents' incomes
• Number of children
• Custody arrangement
• Childcare costs
• Health insurance
• Special needs

Can custody be modified later?

Yes, if circumstances change significantly. Examples:

• Job relocation
• Change in child's needs
• Parental fitness changes
• Child's preferences (older children)

Can I get a divorce if my spouse won't cooperate?

Yes. Most states allow no-fault divorces. Your spouse cannot prevent you from divorcing.

What if my spouse is hiding assets?

A forensic accountant can help identify:

• Hidden bank accounts
• Underreported income
• Transfers to family/friends
• Cryptocurrency
• Business assets
• Cash transactions

What about retirement accounts?

Retirement accounts acquired during marriage are typically marital property. Division requires:

• QDRO (Qualified Domestic Relations Order) for 401(k)s and pensions
• IRA transfers
• Tax considerations
• Future value calculations

Will I get the house?

Depends on:

• Your financial situation
• Children's interests
• Your spouse's wishes
• Mortgage qualification
• State law
• Negotiations

Options include selling, buyout, or one spouse keeping it.

What if there's domestic violence?

• Safety is paramount
• Contact police immediately if in danger
• Restraining orders are available
• Custody decisions consider abuse
• Specialized support is available

Can I date during my divorce?

Legally yes (in no-fault states), but consider:

• May affect spouse's willingness to settle
• Children's emotional state
• Custody implications
• Financial implications (cohabitation may affect alimony)

What if my spouse files first?

Doesn't usually matter much. The person who files first is the "petitioner," but final outcomes are based on the merits, not who filed first.

How long must I be separated to divorce?

Varies by state:

• No waiting: Some states
• 6 months: Some states
• 1 year: Common requirement
• 2 years: Some states (for no-fault)

Can I represent myself?

You can ("pro se"), but it's risky:

• Family law is complex
• You may miss important issues
• Negotiation is harder without legal training
• Court procedures are confusing
• Mistakes can be permanent

What about taxes?

Divorce has significant tax implications:

• Filing status changes
• Dependent claims
• Property transfers
• Retirement account divisions
• Alimony (post-2018, no longer deductible/taxable)

Consult a tax professional.

Will my spouse have to pay my attorney's fees?

Sometimes courts award attorney fees to the lower-earning spouse, especially if:

• Significant income disparity
• One spouse caused unnecessary delays
• Bad faith conduct

Can we use the same lawyer?

No. A single lawyer cannot represent both spouses. However:

• One spouse can have lawyer
• Other can be unrepresented (not recommended)
• Both can use mediation

What if we have a prenup?

Prenuptial agreements are typically enforceable if:

• Properly executed
• Both parties had legal counsel
• Full financial disclosure
• Not unconscionable
• No coercion

What's collaborative divorce?

A process where both spouses commit to resolving issues without court. Includes attorneys, mediators, financial advisors, and child specialists working together.

How do I find a good divorce lawyer?

• Family law specialization
• Experience in your state and county
• Free consultation
• Clear fee structure
• Good reviews and references
• Communication style
• Approach matches your needs