Other Issues Affecting Divorce

Other Issues Affecting Divorce


The law requires both spouses to provide the other with all information related to their property, income, assets and debts. This is called Full Disclosure. Failing to fully disclose all relevant information or concealing information can have serious consequences. It's important to be precise in listing assets and debts.

HEALTH INSURANCE: Unless it is agreed upon and included in a marital settlement agreement, one spouse covered by health insurance is not required to pay health insurance premiums for the other spouse after divorce. However, the spouse without coverage has the right to continue the insurance coverage at his or her own expense for up to 3 years at the same or similar rates. To take advantage of this right, the non-covered spouse must notify the other spouse's insurance plan administrator within 90 days of the final judgment.

FILING COST: Mandatory court filing fees for divorces average $100. If a response is filed, an average of $100 will also be required.

ALIENS and NON-U.S. CITIZENS: Resident aliens who divorce less than two years after marriage may lose resident status. In addition, any children may be deported. Consult an attorney for more details.

CONFIDENTIAL COUNSELING: Some counties have a Conciliation Court. These courts are designed to provide free or inexpensive counseling for couples who want it. Your first visit is usually free, but counseling is never mandatory.

COMPLEX ISSUES: If your divorce involves complex issues, you should seek an attorney or other professional to assist you. Examples of complex issues include:

Assets and Debts

  • One spouse transferring assets to themselves without permission
  • An unequal division of assets
  • Assets being sold without permission
  • The possibility of hidden assets
  • Valuing stock options and pension plans which require a certain length of employment
  • Excessive debt
  • Considering bankruptcy


  • Immediate threat of harm to you or your children
  • One spouse does not agree that a child is theirs
  • You and your spouse cannot agree to divide property or decide on the best interest for your children, even after numerous attempts
  • Active military service
  • Failure to agree on a date of separation
  • One spouse putting the other through school or training
  • Introduction to the Divorce Process
    LegalZoom's education center provides you with the resources you need to consider a divorce. You'll find general divorce information in our Education Center, and our FAQs answer common divorce questions. Access to the Glossary and Useful Resources gives you a variety of tools to make...
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  • Uncontested vs. Contested Divorces
    At the heart of every divorce are four issues: 1. Division of community and/or marital property2. Division of debt3. Custody of any children4. Payment of child and/or spousal support
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  • Legal Requirements for Divorce
    Under most state laws, a divorce (or "dissolution") action must be filed and decided in court. All states have a "no-fault divorce" policy. In other words, the courts are not concerned with which spouse was guilty of marital misconduct. The following legal requirements are necessary to...
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  • The Divorce Process
    A divorce starts with a divorce petition. The petition is written by one spouse (the petitioner) and served on the other spouse. The petition is then filed in a state court in the county where one of the spouses resides. It does not matter where the marriage occurred. The petition includes...
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  • Custody of Minor Children in a Divorce
    Both parents must decide on the custody of minor children under the age of 18. Divorce courts are concerned about the well-being of any children born naturally or adopted by the parents. There are four basic types of child custody recognized under state laws:
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  • Child Support in a Divorce
    Child support is mandatory in any divorce involving minor children. Petitioners with minor children must include an order for child support, even if the other parent is unemployed or cannot be found. Most state laws have guidelines to determine child support payments. The payment amount...
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