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.

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