Divorce Laws by State
Every state has different rules for divorce. Residency requirements, grounds, property division, alimony, and child custody all vary significantly. Find your state below for a complete guide to divorce law in your jurisdiction.
Key Takeaways
- All 50 states allow no-fault divorce — you don't need to prove wrongdoing.
- Property is divided either equitably (most states) or as community property (9 states).
- Residency requirements range from 6 weeks (Nevada) to 12 months.
- Filing fees typically range from $100 to $400 depending on the state.
Divorce Laws by State
| State | Property Division | Residency Req. | Waiting Period | Filing Fee |
|---|---|---|---|---|
| Alabama | Equitable | 6 months in the state | 30 days from filing | $250 - $350 |
| Alaska | Equitable | No minimum residency; must be domiciled in the state at filing | 30 days from filing | $250 - $300 |
| Arizona | Community | 90 days in the state (or one spouse is a member of the armed forces stationed in AZ for 90 days) | 60 days from service of petition | $300 - $400 |
| Arkansas | Equitable | 60 days in the state before filing; 3 months before decree is entered | 30 days from filing | $150 - $200 |
| California | Community | 6 months in the state and 3 months in the county of filing | 6 months from service of petition | $435 - $450 |
| Colorado | Equitable | 91 days in the state | 91 days from service of petition or filing of co-petition | $230 - $280 |
| Connecticut | Equitable | 12 months in the state (or one spouse was a resident at the time of the marriage and returned with the intent to permanently reside) | 90 days from service or return date | $360 - $400 |
| Delaware | Equitable | 6 months in the state | No mandatory waiting period after filing (but must have been separated or living apart) | $150 - $200 |
| District of Columbia | Equitable | 6 months in the District | None if both parties consent and have lived apart for 6 months; otherwise 12 months of separation | $120 - $150 |
| Florida | Equitable | 6 months in the state | 20 days from filing (mandatory cooling-off period) | $400 - $450 |
| Georgia | Equitable | 6 months in the state | 30 days from service of complaint (45 days if served by publication) | $200 - $250 |
| Hawaii | Equitable | 6 months in the state (or 3 months if both spouses reside in the state) | No mandatory waiting period after filing | $200 - $275 |
| Idaho | Community | 6 weeks in the state | 20 days from service of petition | $200 - $250 |
| Illinois | Equitable | 90 days in the state | None if both parties agree (6-month separation period waived by mutual consent) | $250 - $350 |
| Indiana | Equitable | 6 months in the state and 3 months in the county | 60 days from filing | $150 - $200 |
| Iowa | Equitable | 1 year in the state (unless the other spouse is a resident and was personally served in Iowa) | 90 days from filing | $200 - $265 |
| Kansas | Equitable | 60 days in the state | 60 days from filing | $175 - $200 |
| Kentucky | Equitable | 180 days in the state | 60 days from filing | $150 - $200 |
| Louisiana | Community | One spouse must be domiciled in the state | 180 days of living separate and apart (365 days with minor children) | $200 - $400 |
| Maine | Equitable | 6 months in the state (or if married in Maine, one spouse must be a resident at filing) | 60 days from filing | $120 - $175 |
| Maryland | Equitable | 6 months in the state (12 months if the grounds arose outside Maryland) | None for mutual consent divorces; 6 months of separation for non-mutual divorces | $165 - $200 |
| Massachusetts | Equitable | One spouse must be a resident; if the cause of divorce occurred outside MA, one spouse must have lived in the state for 1 year | 30 days after judgment nisi (120 days for contested cases) | $200 - $275 |
| Michigan | Equitable | 180 days in the state and 10 days in the county | 60 days from filing (6 months if minor children are involved, which may be reduced to 60 days) | $175 - $250 |
| Minnesota | Equitable | 180 days in the state | 30 days from service of summons and petition | $350 - $400 |
| Mississippi | Equitable | 6 months in the state | 60 days from filing | $125 - $200 |
| Missouri | Equitable | 90 days in the state | 30 days from filing | $150 - $250 |
| Montana | Equitable | 90 days in the state | 20 days from service of petition | $200 - $250 |
| Nebraska | Equitable | 1 year in the state (or the marriage was performed in Nebraska and one spouse has lived there since) | 60 days from filing | $150 - $200 |
| Nevada | Community | 6 weeks in the state | No mandatory waiting period | $300 - $350 |
| New Hampshire | Equitable | 1 year in the state (or both parties are residents and the cause of divorce arose in NH) | No mandatory waiting period | $250 - $300 |
| New Jersey | Equitable | 12 months in the state (except for adultery grounds) | No mandatory waiting period after filing | $300 - $350 |
| New Mexico | Community | 6 months in the state | 30 days from filing (or from service, whichever is later) | $135 - $200 |
| New York | Equitable | 1 year in the state (or 2 years if neither the marriage nor the grounds occurred in NY) | No mandatory waiting period after filing | $335 - $400 |
| North Carolina | Equitable | 6 months in the state | 1 year of separation required before filing | $200 - $250 |
| North Dakota | Equitable | 6 months in the state | No mandatory waiting period | $80 - $130 |
| Ohio | Equitable | 6 months in the state and 90 days in the county | 30 days from service (for dissolution) or 42 days from service (for divorce) | $200 - $350 |
| Oklahoma | Equitable | 6 months in the state | 10 days from filing (90 days if minor children are involved) | $175 - $250 |
| Oregon | Equitable | 6 months in the state (or the marriage was performed in Oregon and one spouse has lived there since) | No mandatory waiting period | $250 - $300 |
| Pennsylvania | Equitable | 6 months in the state | 90 days from service of complaint (for mutual consent); 1 year of separation (for non-mutual no-fault) | $200 - $350 |
| Rhode Island | Equitable | 1 year in the state | No mandatory waiting period after filing (but must wait 60 days after hearing for decree absolute) | $160 - $200 |
| South Carolina | Equitable | 3 months in the state if both spouses are residents; 1 year if only the filing spouse is a resident | No additional waiting period after 1-year separation (for no-fault); 90 days for fault-based if no answer is filed | $150 - $200 |
| South Dakota | Equitable | Resident of the state at the time of filing | No mandatory waiting period | $95 - $150 |
| Tennessee | Equitable | 6 months in the state | 60 days from filing (with no minor children); 90 days from filing (with minor children) | $250 - $350 |
| Texas | Community | 6 months in the state and 90 days in the county | 60 days from filing | $250 - $350 |
| Utah | Equitable | 3 months in the state | 30 days from filing (may be waived) | $300 - $350 |
| Vermont | Equitable | 6 months in the state (one spouse must have been a resident for 1 year before the final hearing) | No mandatory waiting period after filing | $250 - $300 |
| Virginia | Equitable | 6 months in the state | 6 months of separation (with agreement and no minor children) or 1 year of separation | $75 - $100 (plus service fees) |
| Washington | Community | Resident of Washington state or stationed in Washington as a member of the armed forces | 90 days from filing and service | $280 - $350 |
| West Virginia | Equitable | 1 year in the state (or the marriage was performed in WV and one spouse has been a resident since) | No mandatory waiting period for irreconcilable differences divorces (1 year of separation for the other no-fault ground) | $135 - $200 |
| Wisconsin | Community | 6 months in the state and 30 days in the county | 120 days from service of petition | $175 - $250 |
| Wyoming | Equitable | 60 days in the state (or the marriage was performed in Wyoming and one spouse has been a resident since) | 20 days from service of complaint | $70 - $130 |
Equitable Distribution vs. Community Property
Equitable Distribution (41 States + DC)
The court divides property "equitably" — which means fairly, but not necessarily 50/50. The judge considers factors like length of marriage, earning capacity, contributions to marital property, and age/health of each spouse.
Community Property (9 States)
Property acquired during the marriage is split 50/50. Community property states: Arizona, California, Idaho, Louisiana, Nevada, New Mexico, Texas, Washington, and Wisconsin. Property owned before marriage or received as gifts/inheritance is separate.
Frequently Asked Questions
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Do I need a lawyer to get divorced?
Not legally required in any state. Uncontested divorces with no children and minimal assets can often be handled pro se (self-represented). However, if you have children, significant assets, or disputes about property or support, a lawyer is strongly recommended.
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How long does a divorce take?
Uncontested divorces typically take 2-6 months depending on the state's waiting period. Contested divorces can take 1-3 years or longer if they go to trial.
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What is no-fault divorce?
No-fault divorce means you don't need to prove your spouse did anything wrong. You simply state that the marriage is irretrievably broken or that you have irreconcilable differences. All 50 states and DC now allow no-fault divorce.
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What's the difference between legal separation and divorce?
Legal separation divides property and establishes custody/support obligations, but you remain legally married. Not all states offer legal separation. Divorce permanently ends the marriage.
Legal Disclaimer: FreeNetLaw provides general legal information, not legal advice.
The information on this site is not a substitute for consultation with a licensed attorney.
Laws vary by jurisdiction and change frequently. Always verify information with official sources and
consult a qualified attorney for advice about your specific situation.