The 20 Questions People Ask Most, Answered and Common questions about divorce, coaching, and legal steps answered here
Table of Contents
Answers reviewed by DivorcePlus attorneys and certified coaches | Published July 25, 2026 | Last updated July 25, 2026
Straight answers to the questions people going through divorce ask most, written by the attorneys, coaches, and financial professionals on the DivorcePlus platform. Each answer links to a deeper guide if you want the full picture.
Cost and Timeline
How much does a divorce cost?
An uncontested divorce typically costs $500 to $3,000 including court fees and document help. A contested divorce with attorneys commonly costs $7,000 to $15,000 or more per spouse, and cases that go to trial can exceed $20,000 each. The biggest cost driver is conflict: every issue you and your spouse can agree on yourselves is money you don't spend on lawyers.
How long does a divorce take?
An uncontested divorce takes as little as one to three months in states with short waiting periods, though some states impose minimum waits of six months or more. Contested divorces typically take nine months to two years depending on the court's calendar and how many issues are disputed. See waiting periods in your state.
Do I need a lawyer to get divorced?
No. Every state allows you to file for divorce yourself, and self-representation works well for uncontested divorces with simple finances and no custody disputes. You should hire an attorney if your case involves significant assets, a business, a pension, domestic violence, a custody disagreement, or a spouse who has hired their own lawyer.
The Process
How do I start the divorce process?
Start by confirming you meet your state's residency requirement, then gather financial documents: tax returns, pay stubs, account statements, debts, and property records. From there you file a petition with your county court, pay the filing fee or request a waiver, and formally serve your spouse. Before filing, many people consult an attorney to understand their rights and a divorce coach to organize the process.
What documents do I need for a divorce?
The core set: the last three years of tax returns, recent pay stubs, statements for every bank, investment, and retirement account, mortgage and property records, vehicle titles, credit card and loan statements, insurance policies, and a monthly budget. If you have children, add childcare and school expense records. Gathering these before filing saves substantial attorney time and money.
What is a no-fault divorce?
A no-fault divorce is granted without proving either spouse did anything wrong; one spouse stating the marriage is irretrievably broken is enough. All 50 states allow no-fault divorce, and it's how the vast majority of divorces are filed. Fault grounds like adultery still exist in many states but usually add cost and conflict without changing the outcome.
What's the difference between a contested and uncontested divorce?
An uncontested divorce means both spouses agree on every issue: property, debts, support, and parenting. It's the fastest and cheapest path, often finalized without a court appearance. A contested divorce means at least one issue is disputed and the court must resolve it, which adds months or years and thousands of dollars. Many divorces start contested and settle into agreement before trial.
Can I get divorced without going to court?
In most states, yes, if your divorce is uncontested. Many states finalize agreed divorces on paperwork alone or with a brief virtual hearing. Mediation and collaborative divorce also resolve disputed issues without a trial. You'll always need a judge to sign the final decree, but that's not the same as litigating in a courtroom.
What if my spouse won't sign the divorce papers?
Your spouse cannot stop the divorce by refusing to sign or participate. If they don't respond to the petition within the deadline, the court can enter a default judgment granting the divorce and, often, most of what you requested. A refusing spouse can slow the process down, but in every state one person's decision that the marriage is over is enough to end it.
What's the difference between legal separation and divorce?
Legal separation divides finances and sets custody and support through a court order while leaving the marriage legally intact, so neither spouse can remarry. People choose it for religious reasons, to preserve health insurance, or as a trial period. It requires most of the same legal work as divorce and can usually be converted to divorce later. Remember that not every state has legal separation. Check with your state's laws to see if this applies to you.
Can I date during my divorce?
Legally, dating during divorce rarely affects the outcome in no-fault cases, but it can complicate custody negotiations, inflame settlement talks, and in some fault states be raised as adultery. Spending marital money on a new partner can also be charged back to you as dissipation. Most attorneys advise discretion until the divorce is final, especially where children are involved.
Children and Custody
How is custody decided?
Courts decide custody using the best interests of the child standard, weighing factors like each parent's caregiving history, stability, the child's ties to school and community, each parent's willingness to support the other's relationship with the child, and sometimes the child's own preference. Most states favor arrangements that keep both parents substantially involved. The large majority of custody outcomes are settled by the parents, not decided by a judge.
How is child support calculated?
Every state uses a formula based primarily on parental income and parenting time. Forty-one states and D.C. use the income shares model, which combines both parents' incomes and splits the support amount proportionally. Six states apply a flat percentage of the paying parent's income, and three use the needs-based Melson formula. Judges can deviate from the formula for special circumstances like high medical costs. Full walkthrough: How Is Child Support Calculated?
How do I co-parent with a difficult or high-conflict ex?
Use parallel parenting rather than cooperative co-parenting: communicate only in writing through a co-parenting app, keep exchanges brief and factual, follow the parenting plan exactly, and document everything. A detailed parenting plan with rigid schedules removes the negotiation opportunities that fuel conflict. A parent coach or parenting coordinator can help set up and maintain the structure.
Property and Money
How is property divided in a divorce?
Nine community property states presume a 50/50 split of assets and debts acquired during the marriage. The other 41 states and D.C. use equitable distribution, dividing marital property based on fairness factors like the length of the marriage and each spouse's income and contributions. In both systems, property owned before the marriage and individual gifts or inheritances generally remain separate.
Who gets the house in a divorce?
Depends on when the home was purchased and if there is a prenuptial agreement. However, usually one of three things happens: the house is sold and proceeds are split, one spouse buys out the other's share and refinances the mortgage alone, or one spouse (often the primary parent) keeps the house for a set period before selling. A home bought during the marriage is marital property in every state, regardless of whose name is on the deed.
What happens to retirement accounts in a divorce?
Retirement savings accumulated during the marriage are marital property and get divided, even if the account is in one spouse's name. Workplace plans like 401(k)s and pensions require a separate court order called a QDRO to divide without taxes or penalties. IRAs are divided through the divorce decree itself. The portion earned before the marriage usually stays with the original owner.
What is alimony and how long does it last?
Alimony (also called spousal support or maintenance) is a payment from the higher-earning spouse to the lower-earning spouse after divorce. Most modern awards are temporary and rehabilitative, commonly lasting one-third to one-half the length of the marriage, to support the recipient while they rebuild earning capacity. Permanent alimony is increasingly rare and mostly limited to long marriages. It's decided case by case, not by a fixed formula in most states.
Getting Support
What is a divorce coach and do I need one?
A divorce coach is a trained professional who helps you manage the decisions, paperwork, communication, and emotional strain of divorce. Coaches don't give legal advice or provide therapy; they prepare you to use your attorney, mediator, and therapist more effectively. Coaching typically costs $100 to $250 per hour and is most valuable in contested, high-conflict, or emotionally overwhelming divorces. More: How Much Does a Divorce Coach Cost?
What's the difference between a divorce coach and a therapist?
A therapist treats mental health and processes the past; a divorce coach is forward-looking and practical, helping you make decisions, organize your case, and communicate with your ex. Therapy may be covered by insurance with a diagnosis; coaching is not. Many people use both for different jobs.
Other Common Questions
What steps are involved in the divorce process?
The divorce process typically starts with filing a petition, followed by serving papers to the other party. Then, negotiations or mediation address asset division, child custody, and support. Finally, the court reviews agreements and issues a divorce decree.
How can a divorce coach support me?
Divorce coaches provide emotional guidance, help clarify goals, and assist in decision-making throughout the divorce. They offer strategies to manage stress and improve communication, making the process more manageable.
Are DIY Divorce forms reliable for all states?
Our DIY Divorce section puts you in direct contact with your state's forms. This free service is not meant to take the place of legal advice. Please see our DIY Divorce Disclaimer
What legal considerations should I keep in mind?
Key legal factors include property division, child custody arrangements, spousal support, and ensuring all paperwork meets state laws. Consulting a professional can help protect your rights and interests.
These answers are general information, not legal advice. Laws vary by state and situations differ; consult a licensed attorney in your state about your case. To find professional support for any part of the process, browse the DivorcePlus coach directory.

