ABA Family Legal Guide

Family Law

3.4 Separation, Annulment, and Divorce

Divorce

Are most divorces contested?

No. Although divorces may be emotionally contentious, close to 95 percent of divorces do not end up in a contested trial. Usually, the parties negotiate and settle property division, spousal support, and child custody between themselves, often with the help of a lawyer. Sometimes parties reach an agreement by mediation, with a trained mediator who tries to help the husband and wife identify and accommodate common interests. The parties then present their negotiated or mediated agreement to a judge. Approval is virtually automatic if the agreement is fair.

If parties are unable to agree about property, support, or child custody, they may ask the court to decide one or more of those matters. One spouse may sue the other for divorce, alleging certain faults or offenses by the defendant. But this has become far less common than it once was. Most divorces now are no-fault divorces.