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.
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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
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.
Fill in the official forms
State courts publish free divorce forms and instructions. Many have a simpler process if you agree on everything.
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.
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.
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.
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
Waiting period: 30 days after filing
Alaska
Waiting period: 30 days after filing
Arizona
Waiting period: 60 days after service
Arkansas
Waiting period: 30 days after filing
California
Waiting period: 6 months after service
Colorado
Waiting period: 91 days after service
Connecticut
Waiting period: See the rule
Delaware
Waiting period: See the rule
District of Columbia
Waiting period: No set waiting period
Florida
Waiting period: 20 days after filing
Hawaii
Waiting period: No set waiting period
Idaho
Waiting period: See the rule
Illinois
Waiting period: No set waiting period
Indiana
Waiting period: 60 days after filing
Iowa
Waiting period: 90 days after service
Kansas
Waiting period: 60 days after filing
Kentucky
Waiting period: See the rule
Louisiana
Waiting period: See the rule
Maine
Waiting period: 60 days after filing
Maryland
Waiting period: No set waiting period
Massachusetts
Waiting period: See the rule
Michigan
Waiting period: See the rule
Minnesota
Waiting period: No set waiting period
Mississippi
Waiting period: 60 days after filing
Missouri
Waiting period: 30 days after filing
Montana
Waiting period: 21 days after service
Nebraska
Waiting period: 60 days after service
Nevada
Waiting period: No set waiting period
New Jersey
Waiting period: No set waiting period
New Mexico
Waiting period: No statutory wait found
New York
Waiting period: No set waiting period
North Carolina
Waiting period: See the rule
North Dakota
Waiting period: No set waiting period
Ohio
Waiting period: See the rule
Oklahoma
Waiting period: See the rule
Oregon
Waiting period: No statutory wait found
Pennsylvania
Waiting period: See the rule
Rhode Island
Waiting period: See the rule
South Carolina
Waiting period: See the rule
South Dakota
Waiting period: 60 days after service
Texas
Waiting period: 60 days after filing
Utah
Waiting period: 30 days after filing
Vermont
Waiting period: See the rule
Virginia
Waiting period: See the rule
Washington
Waiting period: 90 days after service
West Virginia
Waiting period: No statutory wait found
Wisconsin
Waiting period: 120 days after service
Wyoming
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.