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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Download DivorceIQCommunity Property States
These states generally split marital assets 50/50.
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 • 20 days after filing wait
Louisiana
6 months residency required residency • 180 days separation (365 with children) wait
Nevada
6 weeks residency required residency • None wait
New Mexico
6 months residency required residency • 30 days after filing 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 filing wait
Equitable Distribution States
These states divide property fairly but not necessarily equally.
Alabama
6 months residency required residency • 30 days after filing wait
Alaska
30 days residency required residency • None wait
Arkansas
60 days residency required residency • 18 months separation for no-fault wait
Colorado
91 days residency required residency • 91 days after filing wait
Connecticut
12 months residency required residency • 90 days after return date wait
Delaware
6 months residency required residency • 6 months separation required wait
Florida
6 months residency required residency • 20 days after filing wait
Georgia
6 months residency required residency • 30 days after service wait
Hawaii
6 months residency required residency • None specified wait
Illinois
90 days residency required residency • 6 months separation (waivable) wait
Indiana
6 months residency required residency • 60 days after filing wait
Iowa
1 year residency required residency • 90 days after filing wait
Kansas
60 days residency required residency • 60 days after filing wait
Kentucky
180 days residency required residency • 60 days after filing wait
Maine
6 months residency required residency • 60 days after filing wait
Maryland
6 months residency required residency • None for mutual consent wait
Massachusetts
1 year residency required residency • 120 days after hearing (no-fault) wait
Michigan
6 months in state, 10 days in county residency • 60 days (6 months with children) wait
Minnesota
180 days residency required residency • 30 days after service 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 • 20 days after service wait
Nebraska
1 year residency required residency • 60 days after filing wait
New Hampshire
Residency at time of filing residency • None specified wait
New Jersey
12 months residency required residency • None after filing wait
New York
1-2 years residency required 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 • 30-90 days depending on type wait
Oklahoma
6 months residency required residency • 10 days (90 days with children) wait
Oregon
6 months residency required residency • None wait
Pennsylvania
6 months residency required residency • 90 days (mutual consent) or 1 year separation wait
Rhode Island
1 year residency required residency • 150 days after filing 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 • None specified wait
Tennessee
6 months residency required residency • 60 days (90 days with children) wait
Utah
3 months residency required residency • 30 days after filing wait
Vermont
6 months residency required residency • 6 months separation for no-fault wait
Virginia
6 months residency required residency • 6 months-1 year separation wait
West Virginia
1 year residency required residency • 1 year separation for no-fault (or irreconcilable differences) wait
Wyoming
60 days residency required residency • 20 days after service wait