Divorce
Ending a marriage is a big step, and you have the right to take it. Here is how divorce works in the United States, in plain words.
Also available in اردو, हिन्दी, বাংলা, and ਪੰਜਾਬੀ.
Three things to know
If you only read one section, read this one.
You do not need your spouse's permission, signature, or agreement to file for divorce in any US state.
Property earned during the marriage is usually shared, even if the house or accounts are only in your spouse's name.
Divorce can affect immigration status in different ways, and abuse survivors may qualify to apply for legal status on their own.
What does the law say?
The rules, in everyday words.
No-fault divorce exists in every state
Every state allows no-fault divorce, meaning you can end the marriage without proving your spouse did anything wrong. You do not need your spouse's permission, signature, or presence to file.
Property and support are shared
Courts divide property and savings built during the marriage. They can also order spousal support, regular payments from one spouse to the other. Rules vary by state, and unpaid work at home counts.
Marriages from abroad are recognized
If your marriage was legal in the country where it happened, US courts generally recognize it. You can file for divorce, property division, and support here, even without a US marriage certificate.
Mahr and dowry agreements matter
In many states, courts treat a mahr, the payment promised to the wife in an Islamic marriage contract, as an agreement that can be enforced. Dowry gifts and gold may also count when dividing property.
What can I do next?
- 1Learn your state's rules Read your state's divorce pages on WomensLaw.org. It explains residency rules, how long you must live in a state before filing, in plain language.
- 2Gather your documents Quietly collect copies of your marriage certificate, religious or foreign ones too, plus bank statements, pay stubs, property papers, and records of any dowry, mahr, or wedding gold. Keep copies somewhere safe.
- 3Find free legal help Search LawHelp.org for free legal aid in your state, or use the WomensLaw.org Email Hotline to ask questions privately. Many programs have interpreters.
- 4Ask about every option When you talk to legal aid, ask about legal separation, living apart with court-ordered support while still married, and how divorce could affect your immigration status.
- 5Make a safety plan if needed If you fear your spouse's reaction, call the National Domestic Violence Hotline at 1-800-799-7233 to plan safely before you file. You deserve to be safe through this.
Who can help for free?
Real people, no cost, and interpreters are available when you ask.
WomensLaw.org
Plain-language divorce and custody law for every state, with a private email hotline.
LawHelp.org
Connects you to free legal aid programs in your state, many with interpreters.
National Domestic Violence Hotline
Free, confidential, 24/7 support and safety planning in many languages.
211 (United Way)
Free local referrals for legal help, housing, food, and counseling.