The legal framework
Divorce is governed by state law. Every state offers a no-fault ground, though many retain fault grounds that can affect alimony in some jurisdictions. Nine states apply community property, dividing marital property equally; the rest apply equitable distribution, which is fair rather than necessarily equal.
Key points
| Grounds | No-fault available everywhere — irreconcilable differences or irretrievable breakdown |
|---|---|
| Residency | Each state sets a minimum residence period, from a few weeks to a year |
| Community property states | Arizona, California, Idaho, Louisiana, Nevada, New Mexico, Texas, Washington and Wisconsin |
| Equitable distribution | All other states: division based on fairness, considering contributions, duration and needs |
| Alimony | Varies widely; duration often tied to the length of the marriage |
| Child support | Calculated by state guidelines, generally income-based |
| Retirement accounts | Divided by a qualified domestic relations order |
| State law | Grounds, residency and property rules differ entirely between states |
| Residency period | Every state requires a minimum period of residence before filing |
| QDRO | A separate court order is needed to divide most retirement accounts |
| Child support guidelines | Calculated by state formula, with limited discretion |
In practice
- Check the residency requirement before filing — filing in the wrong state wastes months.
- Uncontested divorces can be completed with court self-help forms in most states.
- A QDRO is needed to divide a pension or 401(k): the divorce decree alone is not enough.
- Consider mediation or collaborative divorce, which most courts now encourage.
- Check the residency requirement before filing: filing too early is the most common procedural failure.
- Have the retirement order drafted by a specialist; plan administrators reject defective ones routinely.
Cost and coverage
Filing fees of a few hundred dollars; contested litigation can run into tens of thousands. Court self-help centres and legal aid exist in most states.
Recent changes
Several states have debated restricting no-fault divorce in recent years, without enacting change so far — a development worth watching.
Where to go
- State court self-help centres, which provide free forms and guidance.
- Legal aid organisations and law school clinics.
- State bar lawyer referral services.
Worth knowing
The single most common mistake is assuming the divorce decree divides retirement accounts by itself. It does not — the separate order must be drafted, approved and served on the plan administrator. Dividing a pension or retirement plan requires a separate qualified order. A divorce decree alone will not move the money.
Official sources and links
- USA.gov — official guide to government services
- Congress.gov — federal legislation