Divorce Laws by State
Every state has different divorce requirements. Find residency requirements, waiting periods, filing fees, and property division rules for your state.
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Community Property States
In these states most property acquired during the marriage belongs to both spouses. It is often split equally, though not every community property state requires it.
Arizona
90 days residency required residency • 60 days after service wait
California
6 months in state, 3 months in county residency • 6 months after service wait
Idaho
6 weeks residency required residency • 21 days after filing and service wait
Louisiana
Domiciled in Louisiana at filing residency • 180 days separation (365 with children) wait
Nevada
6 weeks residency required residency • None wait
New Mexico
6 months residency required residency • None; 30 days to respond wait
Texas
6 months in state, 90 days in county residency • 60 days after filing wait
Washington
Residency in Washington required residency • 90 days after filing and service wait
Wisconsin
6 months in state, 30 days in county residency • 120 days after service or joint filing wait
Equitable Distribution States
These states divide property fairly but not necessarily equally.
Alabama
6 months if the other spouse is a nonresident residency • 30 days after filing wait
Alaska
Resident at filing (no minimum) residency • 30 days after filing wait
Arkansas
60 days before filing, 3 months before decree residency • 30 days after filing (18 months apart for no-fault) wait
Colorado
91 days residency required residency • 91 days after service or joint filing wait
Connecticut
12 months before filing or decree (exceptions) residency • None if agreed; contested trial 90 days after return date wait
Delaware
6 months residency required residency • 6 months separated before ruling wait
Florida
6 months residency required residency • 20 days after filing wait
Georgia
6 months residency required residency • 30 days after service wait
Hawaii
Domiciled in Hawaii at filing residency • None specified wait
Illinois
90 days residency required residency • None required wait
Indiana
6 months residency required residency • 60 days after filing wait
Iowa
1 year (not needed if spouse is an Iowa resident served in person) residency • 90 days after service wait
Kansas
60 days residency required residency • 60 days after filing wait
Kentucky
180 days residency required residency • 60 days living apart wait
Maine
6 months, or other Maine ties residency • 60 days after filing wait
Maryland
One spouse a resident (6 months if grounds arose elsewhere) residency • None for mutual consent wait
Massachusetts
1 year if the grounds arose elsewhere residency • 1A: 120 days after approval; 1B: 6 months + 90 days wait
Michigan
6 months in state, 10 days in county residency • 60 days (6 months with children) wait
Minnesota
180 days residency required residency • None; 30 days to answer wait
Mississippi
6 months residency required residency • 60 days after filing wait
Missouri
90 days residency required residency • 30 days after filing wait
Montana
90 days residency required residency • 21 days after service wait
Nebraska
1 year residency required residency • 60 days after service wait
New Hampshire
Filer lives in NH (1 year in some cases) residency • None specified wait
New Jersey
12 months residency required residency • None after filing wait
New York
None to 2 years, depending on ties residency • None after filing wait
North Carolina
6 months residency required residency • 1 year of separation required wait
North Dakota
6 months residency required residency • None specified wait
Ohio
6 months in state, 90 days in county residency • Divorce: 42 days after service; dissolution: 30-90 days wait
Oklahoma
6 months (either spouse) residency • 90 days after filing with minor children wait
Oregon
6 months (none if married in Oregon) residency • None wait
Pennsylvania
6 months residency required residency • 90 days (mutual consent) or 1 year separation wait
Rhode Island
1 year (filer, or a served resident defendant) residency • 60 days to trial, final 3 months after decision wait
South Carolina
1 year (3 months if both reside in state) residency • 1 year separation for no-fault wait
South Dakota
Residency at time of filing residency • 60 days after service wait
Tennessee
6 months, or resident when grounds arose residency • 60 days (90 days with children) wait
Utah
3 months residency required residency • 30 days after filing wait
Vermont
6 months to file, 1 year before final hearing residency • 6 months separation for no-fault wait
Virginia
6 months residency required residency • 6 months-1 year separation wait
West Virginia
1 year (none if married in WV) residency • 1 year separation for no-fault (or irreconcilable differences) wait
Wyoming
60 days residency required residency • 20 days after filing wait