Divorce laws · 48 state guides · Updated Oct 2026

Divorce laws in every state, in plain English

How long you must live in a state to file, the waiting period, the official forms and fees, fee waivers, property, support and children, from official sources. Free tools estimate your timeline and make your checklist.

Pick your state

Tap a state to see how long you must live there to file and its waiting period.

States we are still checking

Our pages for these states are waiting for a second, independent check against the official sources. Until then, use the court's own self-help pages: Georgia (court self-help) · New Hampshire (court self-help) · Tennessee (court self-help)

How divorce works

  1. Check you can file in your state

    You or your spouse usually must have lived in the state for a minimum time before filing. Your state page has the rule.

  2. Fill in the official forms

    State courts publish free divorce forms and instructions. Many have a simpler process if you agree on everything.

  3. File and pay the fee, or ask for a waiver

    File with the court clerk. If you can't afford the fee, ask the court to waive it.

  4. Serve your spouse

    Your spouse must get the papers in an official way, or sign a form accepting them, and then has a set time to respond.

  5. Wait, agree or go to a hearing

    Many states set a minimum waiting period. If you agree, you file your agreement; if not, the judge decides.

  6. Get the final decree

    The judge signs the decree that ends the marriage. You can often ask to go back to a former name in it.

If you are in danger

If you are in danger, call 911. The National Domestic Violence Hotline is free, confidential and open 24/7, in English and Spanish: call 1-800-799-7233, text START to 88788, or chat at thehotline.org.

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Free tools

Divorce timeline estimator

Your filing date plus your state's waiting period: the earliest date the law allows.

Divorce checklist

Documents, official forms, fees or a fee waiver, service and final steps for your state. Print or download it.

Compare states and read the guides

Residency requirements by state

How long you must live in a state before you can file.

Waiting periods by state

The minimum time from filing or service to the final divorce.

Filing fees by state

What it costs to file, and the fee waiver form if you can't pay.

Community property states

How each state divides property and debts.

How to file for divorce without a lawyer

Residency, grounds, forms, fees, service and the decree.

Served with divorce papers?

Your deadline to respond, your options and what a default means.

Uncontested divorce

What you must agree on, simpler processes and how long it takes.

All state guides

Alabama

Residency: 6 months (with exceptions)

Waiting period: 30 days after filing

Alaska

Residency: No minimum time

Waiting period: 30 days after filing

Arizona

Residency: 90 days

Waiting period: 60 days after service

Arkansas

Residency: 60 days (with exceptions)

Waiting period: 30 days after filing

California

Residency: 6 months (with exceptions)

Waiting period: 6 months after service

Colorado

Residency: 91 days

Waiting period: 91 days after service

Connecticut

Residency: 1 year (with exceptions)

Waiting period: See the rule

Delaware

Residency: 6 months

Waiting period: See the rule

District of Columbia

Residency: 6 months (with exceptions)

Waiting period: No set waiting period

Florida

Residency: 6 months

Waiting period: 20 days after filing

Hawaii

Residency: No minimum time

Waiting period: No set waiting period

Idaho

Residency: 6 weeks

Waiting period: See the rule

Illinois

Residency: 90 days

Waiting period: No set waiting period

Indiana

Residency: 6 months

Waiting period: 60 days after filing

Iowa

Residency: 1 year (with exceptions)

Waiting period: 90 days after service

Kansas

Residency: 60 days

Waiting period: 60 days after filing

Kentucky

Residency: 180 days

Waiting period: See the rule

Louisiana

Residency: See the rule

Waiting period: See the rule

Maine

Residency: 6 months (with exceptions)

Waiting period: 60 days after filing

Maryland

Residency: 6 months (with exceptions)

Waiting period: No set waiting period

Massachusetts

Residency: 1 year (with exceptions)

Waiting period: See the rule

Michigan

Residency: 180 days (with exceptions)

Waiting period: See the rule

Minnesota

Residency: 180 days

Waiting period: No set waiting period

Mississippi

Residency: 6 months

Waiting period: 60 days after filing

Missouri

Residency: 90 days

Waiting period: 30 days after filing

Montana

Residency: 90 days

Waiting period: 21 days after service

Nebraska

Residency: 1 year (with exceptions)

Waiting period: 60 days after service

Nevada

Residency: 6 weeks

Waiting period: No set waiting period

New Jersey

Residency: 1 year (with exceptions)

Waiting period: No set waiting period

New Mexico

Residency: 6 months

Waiting period: No statutory wait found

New York

Residency: 2 years (with exceptions)

Waiting period: No set waiting period

North Carolina

Residency: 6 months

Waiting period: See the rule

North Dakota

Residency: 6 months

Waiting period: No set waiting period

Ohio

Residency: 6 months

Waiting period: See the rule

Oklahoma

Residency: 6 months

Waiting period: See the rule

Oregon

Residency: 6 months (with exceptions)

Waiting period: No statutory wait found

Pennsylvania

Residency: 6 months

Waiting period: See the rule

Rhode Island

Residency: 1 year (with exceptions)

Waiting period: See the rule

South Carolina

Residency: 1 year (with exceptions)

Waiting period: See the rule

South Dakota

Residency: No minimum time

Waiting period: 60 days after service

Texas

Residency: 6 months (with exceptions)

Waiting period: 60 days after filing

Utah

Residency: 90 days

Waiting period: 30 days after filing

Vermont

Residency: 6 months (with exceptions)

Waiting period: See the rule

Virginia

Residency: 6 months

Waiting period: See the rule

Washington

Residency: No minimum time

Waiting period: 90 days after service

West Virginia

Residency: 1 year (with exceptions)

Waiting period: No statutory wait found

Wisconsin

Residency: 6 months

Waiting period: 120 days after service

Wyoming

Residency: 60 days (with exceptions)

Waiting period: 20 days after filing

Common questions

Do I need a lawyer to get divorced?

No. You have the right to represent yourself, and courts publish forms and instructions for people without lawyers. 47 of our 48 state guides link to the court's own divorce self-help pages or forms, and 43 describe a simpler process for agreed cases. A lawyer or legal aid office is worth contacting if your spouse has a lawyer, you disagree about children or property, or you are afraid of your spouse. Read how to file without a lawyer.

What if my spouse won't sign the divorce papers?

In most states you don't need your spouse's agreement. You file, your spouse is served with the papers, and if they don't respond in time you can usually ask for a default judgment. In our guides the time to respond runs from 20 to 30 days after service. Some states' quickest no-fault route needs both spouses to agree or admit the marriage is broken, for example District of Columbia, Maryland, Mississippi and Pennsylvania; the state page explains the other grounds. See what happens when divorce papers are served.

How long does a divorce take?

At least as long as your state's waiting period, and longer if you disagree. In our guides, 21 states count a fixed time from filing or service, from 20 days to 6 months; 12 set no fixed waiting period; in 15 the time depends on living apart, children or the type of case. Compare the waiting periods by state or try the timeline estimator.

Can I get the court fees waived?

Yes, if you can't afford them: you ask the court on its fee waiver form, and the judge decides based on your income and expenses. 47 of our state guides name the official form or process, for example California: Ask for a fee waiver with Request to Waive Court Fees (form FW-001): https://selfhelp.courts.ca.gov/fee-waiver. and Florida: File an Application for Determination of Civil Indigent Status with the clerk of court.. See the filing fees by state.

What about the kids?

If you have minor children together, the divorce also decides custody, the parenting schedule and child support. States use different words for custody, for example “conservatorship (joint managing conservators; possession and access)” in Texas and “allocation of parental responsibilities (decision-making and parenting time)” in Colorado. In 16 of our state guides, parents must take a parenting class. Child support follows state guidelines; 29 of our guides link to an official calculator, and every state page links to the state's child support agency.

Is this legal advice?

No. This is general information from official sources. For advice about your case, contact your court's self-help center or a legal aid office; your state page lists free help.