Divorce Laws by State: Requirements & Process

How State Laws Affect Your Divorce

Divorce laws vary by state, and those differences affect how long the process takes, how property is divided, and how issues like support and custody are handled. While divorce laws vary by state, most divorces involve the same core concepts:

Grounds for divorce: Most states allow no-fault divorce, though some still recognize fault grounds.
Residency requirements: States require at least one spouse to live there for a minimum period before filing.
Property division: States follow either community property or equitable distribution rules.
Support and custody: Alimony, child support, and custody decisions are governed by state-specific standards.

For a step-by-step explanation of how divorce works, including filing, settlement agreements, and different divorce types, see our guides on How to Get a Divorce and The Types of Divorce.

Community Property vs. Equitable Distribution States

States take one of two main approaches to dividing marital property in a divorce:

Equitable distribution states divide marital property fairly, though not always equally. Courts consider factors such as each spouse’s income, length of the marriage, contributions to the marriage (including caregiving), and future earning potential.
Community property states generally divide marital property equally (50/50), regardless of income or fault, with limited exceptions.

Community property states include:

Arizona.
California.
Idaho.
Louisiana.
Nevada.
New Mexico.
Texas.
Washington.
Wisconsin.

State-by-State Divorce Information

Below is information about divorce in each state. Each state section highlights common grounds, residency requirements, and an overview of the basic divorce process, along with links to official resources where available.

Alabama

Grounds: Alabama allows both fault and no-fault divorces. Common no-fault grounds include incompatibility of temperament and irretrievable breakdown of the marriage (often described as irreconcilable differences). You generally don’t have to prove wrongdoing in a no-fault case.
Requirements: If both spouses live in Alabama, there is no minimum residency period. If only one spouse lives in Alabama, that spouse must have lived in the state for at least 6 months before filing. Divorce is generally filed in the circuit court of the county where one or both spouses live.
Basic process: To start a divorce in Alabama, you file the required paperwork with the circuit court in the correct county and pay the filing fee. After filing, you must follow the court’s rules to formally notify (serve) your spouse and move the case forward. Alabama generally has a 30-day waiting period before a final divorce can be granted. If you and your spouse agree on all terms, you can usually finalize without a trial; if you disagree, the court will schedule hearings and a judge will decide any unresolved issues before entering a final divorce order.
Official information & forms: Some forms are available through the Alabama Administrative Office of Courts; more information about divorce proceedings and processes at Legal Aspects of Divorce (publication by the Alabama State Bar).

Alaska

Grounds: Alaska recognizes no-fault divorce. A divorce may be granted when one spouse alleges that an “incompatibility of temperament” has caused an irretrievable breakdown of the marriage. The court does not require proof of wrongdoing.
Requirements: You or your spouse must live in Alaska and intend to remain there; military members generally qualify if they have been stationed in Alaska for at least 30 days. If children are involved, Alaska courts generally require the child to have lived in the state for at least 6 months for custody jurisdiction, with some exceptions.
Basic process: To file for divorce in Alaska, you complete and file the required court paperwork and pay the filing fee. After the case is opened, you must follow the court’s procedures to formally notify (serve) your spouse and provide any required information to the court. If you both agree on the terms, you can submit an agreement and complete the process more efficiently; if not, the case proceeds through the court for decisions and a final order.
Official information & forms: Forms and procedural information are available through the Alaska State Court website

Arizona

Grounds: Arizona is a no-fault divorce state. The court may dissolve the marriage if it is “irretrievably broken,” meaning there is no reasonable prospect of reconciliation. No spouse is required to prove fault.
Requirements: Either spouse must have lived in Arizona (or been stationed there as a member of the military) for at least 90 days before filing. Covenant marriages are subject to stricter, fault-based requirements.
Basic process: In Arizona, one spouse starts the case by filing a petition with the superior court in the appropriate county and paying the filing fee, then formally serving the other spouse within the required timeframe. The other spouse has a limited period to respond; if they do not, the court may proceed by default. Arizona also has a statutory waiting period before a divorce can be finalized, and the case ends when the court enters a final decree based on agreement, default, or after a trial.
Official information & forms: Divorce forms and instructions, organized by county, are available through the Arizona Judicial Branch Website.

Arkansas

Grounds: Arkansas allows both fault-based divorces (such as adultery, felony conviction, and habitual drunkenness) and a no-fault option based on the spouses living separate and apart continuously for at least 18 months without reconciliation.
Requirements: Either spouse must have lived in Arkansas for at least 60 days before filing and for 3 full months before the divorce judgment is entered.
Basic process: In Arkansas, the spouse starting the divorce files the required paperwork with the circuit court in the appropriate county and then serves the other spouse. The served spouse may file an answer to participate; if they do not, the filing spouse may seek a default judgment. If the couple agrees on the terms, they may present their agreement to the court for approval; if not, the court will address disputed issues through hearings and enter a final order.
Official information & forms: Forms and procedural information are available through the Arkansas Judiciary website (ARCourts).

California

Grounds: California is a pure no-fault divorce state. The standard ground is irreconcilable differences, meaning the spouses can no longer get along and the marriage cannot be repaired. Fault (such as adultery) generally does not affect whether a divorce is granted, though related conduct may be relevant to issues such as child custody.
Requirements: Either spouse must have lived in California for at least 6 months and in the county where the divorce is filed for at least 3 months before filing.
Basic process: To begin a divorce in California, you file the initial paperwork with the superior court and pay the filing fee (or request a fee waiver if eligible). You must then serve your spouse with the filed documents and follow the court’s deadlines and procedures to move the case forward. If you and your spouse agree on all terms, you can submit your agreement for court approval; if not, the court will resolve disputed issues before finalizing the divorce.
Official information & forms: More information and court forms are available through the California Courts self-help guide for divorce.

Colorado

Grounds: Colorado refers to divorce as a “dissolution of marriage” and is a pure no-fault state. A dissolution may be granted when the marriage is “irretrievably broken.” Fault issues (such as adultery) generally do not affect whether the divorce is granted, though related conduct may still be relevant to parenting and other determinations.
Requirements: Either spouse must have lived in Colorado for at least 90 days before filing. Divorce is generally filed in the county where one of the spouses lives.
Basic process: In Colorado, you start a divorce by filing the required paperwork with the district court in the appropriate county and paying the filing fee. If you do not file jointly, you must formally serve your spouse, after which both parties complete required disclosures and follow court procedures. If you reach agreement, you can usually submit the paperwork for approval and finalize more quickly; if not, the case proceeds toward hearings or trial and ends with a signed decree.
Official information & forms: Forms and additional guidance are available through the Colorado Judicial Branch (Divorce & Separation).

Connecticut

Grounds: Connecticut allows no-fault divorce (called a dissolution of marriage) based on the marriage having “broken down irretrievably,” meaning there is no reasonable hope of reconciliation. One spouse may proceed even if the other spouse does not want the divorce or does not participate.
Requirements: You must meet one of Connecticut’s residency requirements, such as having lived in the state for at least 12 months before filing or before the divorce is finalized, or having other qualifying in-state connections. When minor children are involved, the court requires completion of a parenting education program.
Basic process: In Connecticut, a divorce begins when the required paperwork is completed, your spouse is formally served (unless service is waived), and the papers are filed with the court. A statutory waiting period applies before the earliest date the divorce can be finalized, during which the parties work toward resolving the terms. If the case is uncontested, the court may finalize it at a short hearing once all requirements are met; if contested, it proceeds through additional court events until a judge issues final orders.
Official information & forms: More information is available in the Divorce Options in Connecticut publication.

Delaware

Grounds: Delaware is a no-fault divorce state. A divorce may be granted based on incompatibility between the parties or voluntary separation, and the court must find that reconciliation is improbable. Fault or misconduct may be alleged but is not required to obtain a divorce.
Requirements: One or both spouses must have lived in Delaware (or been stationed there as a member of the military) for at least 6 months before filing. In most cases, the spouses must have lived separate and apart for at least 6 months before the court will grant the divorce, though filing may occur earlier.
Basic process: To file in Delaware, you submit the required divorce paperwork to the Family Court and pay the filing fee, then ensure your spouse is properly served. Because Delaware requires a separation period before a divorce can be granted, the court may delay final action until that requirement is met. If your spouse participates, they respond within the required deadline; the case concludes when the court approves the terms and enters a final divorce order.
Official information & forms: More information and forms are available in the Divorce (Including Dissolution Of Civil Unions) and Annulment Instruction Packet.

Florida

Grounds: Florida is a pure no-fault divorce state. The filing spouse states that the marriage is “irretrievably broken.” Florida commonly offers two procedural tracks: Regular Dissolution of Marriage and Simplified Dissolution of Marriage.
Requirements: At least one spouse must have lived in Florida for at least 6 months before filing. Simplified dissolution has strict eligibility requirements, including no minor or dependent children, full agreement on all terms, and both spouses appearing together.
Basic process: In Florida, you begin by filing the appropriate petition with the circuit court and paying the filing fee, then ensuring your spouse is properly served or voluntarily participates. The other spouse typically files an answer, and both parties exchange required financial information and work toward resolving issues. If everything is agreed, the court may finalize the divorce based on the paperwork and a brief hearing; if not, the judge resolves disputed issues and enters a final judgment. Florida also offers a simplified process for couples who meet specific eligibility criteria.
Official information & forms: More information is available on the Florida Courts website’s Dissolution of Marriage page and in the Florida Bar’s consumer pamphlet, Divorce In Florida.

Georgia

Grounds: Georgia recognizes 13 grounds for divorce. One of these is that the marriage is “irretrievably broken,” which is the no-fault ground. Unlike the other grounds, this does not require proof of wrongdoing by either spouse.
Requirements: At least one spouse must have lived in Georgia for at least 6 months before filing. The spouses must be considered separated; spouses may live in the same home but must stop sharing a bedroom and must not have a sexual relationship.
Basic process: In Georgia, the spouse seeking divorce files a complaint in the superior court of the appropriate county and then has the other spouse formally served unless service is acknowledged. The other spouse may file an answer to contest any part of the case, and either party may request temporary court orders while the divorce is pending. If the parties reach agreement, they can submit it for court approval (sometimes without a full hearing, depending on local practice); otherwise, unresolved issues are decided at a final hearing or trial and included in the final divorce decree.
Official information & forms: More information about divorce is available through your county’s Clerk of the Superior Court. You can find your local clerk through the Georgia Courts website.

Hawaii

Grounds: Hawaii provides for no-fault divorce. The filing spouse alleges that the marriage is “irretrievably broken,” often described as irreconcilable differences. No proof of wrongdoing is required.
Requirements: At least one spouse must have lived in Hawaii and been physically present in the state for at least 6 months before filing. Additional filing requirements may depend on the circuit in which the case is filed.
Basic process: To start a divorce in Hawaii, one spouse files the required paperwork with the appropriate circuit court and pays the filing fee. The filing spouse must then have the other spouse formally served, unless service is waived or an approved alternative method is used. If both spouses agree on all terms, they may submit a written agreement for court approval; if not, the court schedules proceedings and a judge decides any unresolved issues before issuing the final divorce order.
Official information & forms: Divorce forms and instructions are generally available through the Hawaii State Judiciary website. Filers should confirm circuit-specific requirements, particularly when children are involved, as some circuits require parenting education courses.

Idaho

Grounds: Idaho allows no-fault divorce. One spouse may allege that the marriage is “irretrievably broken,” commonly described as irreconcilable differences, without proving wrongdoing.
Requirements: One or both spouses must have lived in Idaho for at least 6 weeks before filing. Idaho generally requires a minimum waiting period of 20 days after filing before a divorce decree can be entered.
Basic process: In Idaho, a divorce begins when the required paperwork is filed with the court clerk and the filing fee is paid. The other spouse must then be served with the papers and given an opportunity to respond. After the required waiting period, uncontested cases can be finalized more quickly if the spouses submit an agreement. If the case is contested, additional court steps may be required before the judge enters the final decree.
Official information & forms: Divorce forms are available through the Idaho Supreme Court Self-Help Center, with additional guidance provided by the Idaho Court Assistance Office.

Illinois

Grounds: Illinois is a pure no-fault divorce state. The only ground for divorce is that the marriage has suffered an irretrievable breakdown, shown by the spouses living separate and apart for a required period of time.
Requirements: At least one spouse must have lived in Illinois for at least 90 days before filing. Illinois requires the spouses to have lived separate and apart for 6 months, but this requirement can be waived if both spouses agree in writing that the marriage is irretrievably broken.
Basic process: To start a divorce in Illinois, one spouse files a petition in the local circuit court and then serves the other spouse through an approved method. The other spouse may file a response, and the case proceeds through temporary matters (if needed), required disclosures, and then resolution by agreement or court decision. If the parties settle, the court typically holds a brief hearing to approve the terms and enter the final judgment. If they do not settle, the judge resolves disputed issues and enters a final order.
Official information & forms: Forms and information about divorce, child support, and maintenance are available on the Illinois Courts website.

Indiana

Grounds: Indiana is a no-fault divorce state. A divorce may be granted when the court finds that the marriage is “irretrievably broken.” Indiana law does not require proof of wrongdoing by either spouse.
Requirements: One spouse must have lived (or been stationed as a member of the military) in Indiana for at least 6 months before filing, and in the county where the case is filed for at least 3 months.
Basic process: In Indiana, a divorce begins when one spouse files a petition in the appropriate county court and serves the other spouse. The court addresses property division, debts, support, and parenting issues, and the case may be resolved by agreement without a trial. If the spouses do not agree, the case proceeds through court hearings and possibly trial, where the judge decides unresolved issues. Indiana also has a 60-day waiting period before a divorce can be finalized. The divorce is final when the court enters the dissolution decree..
Official information & forms: Information and forms are available through Indiana court and local government websites.

Iowa

Grounds: Iowa is a pure no-fault divorce state. A divorce may be granted when there has been a breakdown of the marriage relationship such that the legitimate purposes of the marriage are destroyed and there is no reasonable likelihood it can be preserved.
Requirements: Either spouse must have lived in Iowa for at least 1 year before filing, unless the marriage took place in Iowa and the other spouse is an Iowa resident at the time of filing.
Basic process: In Iowa, one spouse starts the case by filing a petition with the county district court and serving the other spouse. The other spouse may file an answer agreeing with or disputing parts of the petition, and the court may require additional steps such as mediation in some cases. If the spouses reach a full agreement, they can submit it for approval and move toward a final decree. If the other spouse does not participate, the court may finalize the divorce by default.
Official information & forms: The Iowa Judicial Branch provides instructions and court forms for petitioners and respondents, including materials related to child support.

Kansas

Grounds: Kansas requires stated grounds for divorce but provides a no-fault ground of “incompatibility.”
Requirements: At least one spouse must have lived in Kansas for at least 60 days before filing. Kansas generally imposes a 60-day waiting period after the case is filed before a divorce can be finalized, though the court may waive it in limited circumstances.
Basic process: In Kansas, a divorce starts when one spouse files a petition in the county district court and serves the other spouse with the paperwork. The other spouse may file a response, and a waiting period applies before the case can be finalized. During that time, spouses often attempt to reach an agreement. If they do not, the court conducts further proceedings and the judge issues final orders and a decree of divorce.
Official information & forms: Forms and guidance are available through the Kansas Judicial Branch Self Help website, with additional county-specific procedures handled by local clerks.

Kentucky

Grounds: Kentucky is a no-fault divorce state. The sole ground is that the marriage is irretrievably broken.
Requirements: At least one spouse must have lived in Kentucky (or been stationed there as a member of the military) for at least 180 days before filing. A divorce cannot be finalized until the spouses have lived separate and apart for at least 60 days, though filing may occur earlier.
Basic process: In Kentucky, one spouse files a petition for dissolution of marriage in circuit court and serves the other spouse with the required documents. The other spouse has a set time to respond. If both spouses agree on all terms, the case may proceed as uncontested and be resolved without a trial. If issues are disputed, the case moves forward with additional filings and court hearings to resolve or approve terms. The divorce is final once the judge signs the decree of dissolution.
Official information & forms: Find information and forms on the kyjustice.org website or the Divorce web form (VS-300) on the Commonwealth of Kentucky website.

Louisiana

Grounds: Louisiana allows both fault and no-fault divorces. No-fault divorce is based on spouses living separate and apart continuously for a required period of time. These cases are commonly referred to as Article 102 or Article 103 divorces, depending on the procedure used.
Requirements: At least one spouse must have lived in Louisiana for 6 months before filing. For no-fault divorce, spouses must have lived separate and apart for 180 days if there are no minor children, or 365 days if there are minor children, before the court may grant the divorce. Venue is generally based on parish.
Basic process: In Louisiana, one spouse begins the case by filing a petition for divorce in the appropriate court and serving the other spouse. Depending on the type of case and parish procedures, the filing spouse may need to file additional pleadings to set the matter for a hearing or request judgment. At that stage, the court reviews required proof and addresses any unresolved issues before issuing the final divorce judgment. Procedures vary by parish.
Official information & forms: More information about divorce procedures is available through the Louisiana State Bar Association website and local court resources.

Maine

Grounds: Maine recognizes no-fault divorce based on the marriage being “irretrievably broken” (often described as irreconcilable differences).
Requirements: One or both spouses must meet one of Maine’s residency or connection requirements: having lived in Maine for at least 6 months before filing, being a current Maine resident when the marriage occurred in Maine, or being a Maine resident when the grounds for divorce occurred in Maine.
Basic process: In Maine, a divorce begins when the required paperwork is filed with the court and the other spouse is served or acknowledges receipt. After filing, the court schedules further steps, and couples who agree on all terms may request an uncontested hearing. If the spouses do not agree, the court may require mediation and schedule additional conferences before trial. The divorce is final when the judge approves the terms and issues the final divorce order.
Official information & forms: Divorce forms and instructions are available through the Maine Judicial Branch website.

Maryland

Grounds: Maryland allows both fault and no-fault divorce. No-fault grounds include mutual consent, separation for at least 6 months, or an irretrievable breakdown of the marriage. Fault grounds (such as adultery or cruelty) are still available but are not required to obtain a divorce.
Requirements: The grounds for divorce must have occurred in Maryland, or at least one spouse must have lived in Maryland for at least 1 year before filing.
Basic process: In Maryland, a divorce starts when one spouse files a complaint with the circuit court and formally serves the other spouse. The other spouse has a deadline to file an answer; if no response is filed, the court may proceed by default. Even in uncontested cases, the court typically holds a hearing before issuing the divorce decree. If the case is contested, the court schedules additional conferences or hearings and may proceed to trial before entering the final order.
Official information & forms: Divorce information and court forms are available through the Maryland Judiciary website

Massachusetts

Grounds: Massachusetts allows both fault and no-fault divorces. The most common no-fault ground is irretrievable breakdown of the marriage (often called “irreconcilable differences”). Fault grounds such as adultery or cruel and abusive treatment also exist, though fault does not control whether a divorce is granted.
Requirements: You must meet Massachusetts residency or connection requirements, which vary depending on where the marriage breakdown occurred and how long the parties have lived in the state.
Basic process: In Massachusetts, a divorce begins when either one spouse files a complaint or both spouses file a joint petition with the Probate and Family Court and pay the filing fee. If only one spouse files, the other spouse must be formally served. After required financial disclosures and any necessary court steps are completed, the court will approve a separation agreement in uncontested cases or decide remaining issues at a hearing. The divorce becomes final when the court enters the judgment.
Official information & forms: Information and divorce forms are available on the Massachusetts court system pages at Mass.gov website.

Michigan

Grounds: Michigan is a pure no-fault divorce state. A divorce may be granted when the marriage has broken down to the extent that the objects of matrimony have been destroyed and there remains no reasonable likelihood that the marriage can be preserved. Proof of wrongdoing is not required, though marital conduct may be considered in issues such as child custody, property division, and spousal support.
Requirements: One spouse must have lived in Michigan for at least 6 months before filing. In addition, either spouse must have lived in the county where the case is filed for at least 10 days immediately before filing.
Basic process: To begin a divorce in Michigan, one spouse files a complaint in the family division of the circuit court and pays the filing fee, after which the court issues a summons. The filing spouse must serve the other spouse, who has a set time to file an answer; if no response is filed, the court may proceed by default. If the parties agree on all terms, they may submit an agreement for court approval and avoid trial. If they do not agree, the case proceeds through required disclosures and court events and ends with a signed judgment of divorce.
Official information & forms: Additional guidance is available in the Divorce Proceeding Checklist published by the Michigan Judicial Institute.

Minnesota

Grounds: Minnesota is a pure no-fault divorce state. The ground for divorce is that there has been an irretrievable breakdown of the marriage relationship, commonly described as irreconcilable differences.
Requirements: One spouse must have lived in Minnesota for at least 180 days before filing.
Basic process: In Minnesota, a divorce begins when one spouse prepares a summons and petition and has them served on the other spouse, followed by filing with the district court. The other spouse may respond, and either party may request temporary court orders while the case is pending. If the parties reach agreement, they can submit settlement paperwork for court approval and finalize the divorce more quickly. If not, the court resolves disputed issues, and the divorce is final when the judge signs and the court enters the judgment and decree.
Official information & forms: The Minnesota Judicial Branch provides instructional resources, including videos, and makes divorce forms available through its website.

Mississippi

Grounds: Mississippi allows both fault and no-fault divorces. The no-fault ground is irreconcilable differences, which generally requires agreement by both spouses to proceed on that basis.
Requirements: At least one spouse must have lived in Mississippi for at least 6 months before filing. In contested cases, Mississippi generally requires a minimum 60-day waiting period before a divorce hearing may be held.
Basic process: In Mississippi, a divorce begins when one spouse files a bill of complaint with the chancery court clerk and serves the other spouse with the required papers. The other spouse may file a response stating whether the case is contested. If the case is uncontested, it may proceed to a final judgment more quickly; if contested, the case typically proceeds to a hearing after the required waiting period and court scheduling. The divorce is final when the judge issues the final decree.
Official information & forms: Additional information about divorce procedures is available through the Mississippi Bar Association website.

Missouri

Grounds: Missouri is a pure no-fault divorce state. A divorce may be granted when one spouse states that the marriage is “irretrievably broken” and there is no reasonable likelihood of preservation.
Requirements: At least one spouse must have lived in Missouri for at least 90 days before filing.
Basic process: In Missouri, one spouse files a petition for dissolution of marriage in the circuit court and requests issuance of a summons, then serves the other spouse. The served spouse may file an answer; if no response is filed, the case may proceed by default, subject to court requirements. After required disclosures and any discovery, the spouses may submit a Settlement Agreement for court approval or proceed to a hearing where the judge decides disputed issues. The divorce is final when the court enters the judgment of dissolution.
Official information & forms: Missouri provides court-approved divorce forms and self-help resources through the Missouri Courts website.

Montana

Grounds: Montana recognizes no-fault divorce. One spouse must allege that the marriage has suffered an “irretrievable breakdown,” meaning the marriage cannot be preserved. The court may find irretrievable breakdown based on factors such as the spouses living separate and apart for a period of time or serious marital discord that adversely affects at least one spouse.
Requirements: One or both spouses must have lived in Montana for at least 90 days before the court may enter a decree of dissolution. If minor children are involved, the children generally must have lived in Montana for at least 6 months for the court to have jurisdiction over custody issues.
Basic process: In Montana, a divorce begins when one spouse files a petition (or both spouses file a joint petition) with the district court and pays the filing fee. If the case is not filed jointly, the other spouse must be served and given an opportunity to respond. Couples who agree on all terms may submit a written Divorce Agreement for court approval and finalize with fewer steps. If issues are disputed, the case proceeds through court scheduling and hearings until the judge enters the final decree of dissolution.
Official information & forms: Information and forms related to divorce, dissolution, legal separation, and annulment are available through the Montana Judicial Branch website.

Nebraska

Grounds: Nebraska provides a no-fault ground for divorce based on an irretrievable breakdown of the marriage.
Requirements: Unless the marriage was entered into and consummated in Nebraska, at least one spouse must have lived in Nebraska for at least 1 year before filing the complaint for dissolution.
Basic process: In Nebraska, one spouse begins the case by filing a complaint for dissolution of marriage in district court and serving the other spouse within the required timeframe. The other spouse has a deadline to file a response, and Nebraska law imposes a mandatory waiting period before the court may grant the divorce. During that time, spouses often work toward settlement and may be required to participate in mediation or other court processes. The divorce is finalized by a decree after agreement or trial, and there is a limited period during which an appeal may be filed.
Official information & forms: Divorce information and court forms are available through the Nebraska Judicial Branch website.

Nevada

Grounds: Nevada recognizes no-fault divorce. The primary no-fault grounds are incompatibility or living separate and apart without cohabitation for at least 1 year.
Requirements: At least one spouse must have lived in Nevada for a minimum of 6 weeks before filing, and must intend to remain in the state.
Basic process: In Nevada, one spouse files a complaint for divorce in the appropriate county and pays the filing fee, then serves the other spouse using an approved method. The served spouse may file an answer within the required deadline; if no response is filed, the case may proceed by default. If both spouses agree, Nevada allows streamlined options such as a joint petition for a summary divorce without a final hearing. In contested cases, the court may require mediation and will hold hearings before a judge signs the divorce decree.
Official information & forms: Divorce forms, instructions, and videos are available through the State of Nevada Self-Help Center.

New Hampshire

Grounds: New Hampshire allows no-fault divorce when one spouse alleges that the marriage is “irretrievably broken,” commonly referred to as irreconcilable differences.
Requirements: Divorce may be filed if both spouses live in New Hampshire, if the petitioner has lived in New Hampshire for at least 1 year, or if the petitioner lives in New Hampshire and the other spouse can be served there. When minor children are involved, additional requirements such as parenting education may apply.
Basic process: In New Hampshire, a divorce begins when a petition (or joint petition, if filing together) is filed with the court and the filing fee is paid. If the case is not filed jointly, the other spouse must be formally served. The case then proceeds through required financial disclosures and any child-related steps. If the spouses reach agreement, they may submit a Divorce Agreement for court approval and finalize through a brief hearing or administrative process, depending on the court. If they do not agree, the court schedules further proceedings and issues a final decree ending the marriage.
Official information & forms: Divorce forms and instructions are available through the New Hampshire Judicial Branch website.

New Jersey

Grounds: New Jersey allows both fault and no-fault divorces. No-fault grounds include irreconcilable differences or living separate and apart for at least 18 consecutive months with no reasonable prospect of reconciliation. Fault grounds, such as adultery, extreme cruelty, or desertion, are also available, but fault generally does not affect property division, support, or custody determinations.
Requirements: Either spouse must have lived in New Jersey for at least 12 consecutive months before filing, unless the divorce is based on adultery.
Basic process: In New Jersey, one spouse begins the divorce by filing a complaint with the Family Part of the Chancery Division and paying the filing fee. The other spouse must then be formally served and given time to respond. If the spouses agree on all terms, they may submit a Settlement Agreement for court approval and avoid trial. If not, the case proceeds through court conferences, discovery, and trial if necessary. The divorce is final when the court enters the judgment of divorce.
Official information & forms: Additional information and self-help resources are available through the New Jersey Courts website, and required forms may be obtained through court resources or the county clerk.

New Mexico

Grounds: New Mexico allows both fault and no-fault divorces. The no-fault ground is incompatibility, meaning the spouses can no longer get along and the marriage cannot be preserved.
Requirements: At least one spouse must have lived in New Mexico for at least 6 months before filing. Military members stationed in New Mexico generally satisfy this requirement.
Basic process: In New Mexico, one spouse begins the divorce by filing a petition for dissolution of marriage (with or without children) in district court and paying the filing fee. The filing spouse must then serve the other spouse using an approved method, and the case follows court deadlines based on how service was completed. New Mexico generally has a short waiting period before the court may finalize the divorce. If the spouses agree on all terms, the filing spouse may request a brief hearing or submit the required paperwork for review, and the judge can sign the final decree with minimal court involvement. Contested cases may involve additional court proceedings before finalization.
Official information & forms: Divorce forms and procedural information are available through the New Mexico Courts website.

New York

Grounds: New York allows both fault and no-fault divorces. The no-fault ground is that the marriage has been irretrievably broken for at least 6 months. A no-fault divorce does not require either spouse to prove wrongdoing, and it is different from an uncontested divorce, which refers to whether the spouses agree on all terms.
Requirements: At least one spouse must meet New York’s residency requirements, which vary depending on factors such as where the marriage occurred and how long the spouses have lived in the state.
Basic process: In New York, a divorce begins when one spouse files a summons and complaint (or a summons with notice) with the county clerk and then serves the other spouse within the required timeframe. The case proceeds through required court steps, which often include exchanging financial disclosures and attending court conferences. If the spouses reach a full agreement, the court may finalize the divorce based on the submitted Divorce Agreement paperwork and any required appearances; if not, the case proceeds toward trial. The divorce is final when the court signs and enters the judgment of divorce.
Official information & forms: Detailed instructions and court forms are available through the New York State Unified Court System's Divorce Resources. Other sources that might help you make decisions on what forms you should be filling out or filing are the New York State Uncontested Divorce Forms Packet Instructions, and the New York State Contested Divorce Flowchart. Please remember that is just a basic outline of what divorce in New York looks like.

North Carolina

Grounds: North Carolina requires grounds for divorce but provides one no-fault ground: the spouses must have lived separate and apart for at least one year with the intent to remain separate. Other grounds exist but are used less frequently.
Requirements: At least one spouse must have lived in North Carolina for at least 6 months before filing, and the spouses must have been separated for more than one year.
Basic process: In North Carolina, one spouse begins the divorce by filing a complaint and summons in the appropriate county court and serving the other spouse. The other spouse has a set time to respond. If the parties agree on all terms, the divorce may proceed as uncontested. If disputes exist, the court schedules additional steps and hearings before issuing a final judgment. The divorce is complete when the court enters the final divorce decree.
Official information & forms: Information, instructions, and court forms are available through the North Carolina court system, including the North Carolina Divorce Packet for absolute divorce.

North Dakota

Grounds: North Dakota allows both no-fault and fault-based divorces. The most common no-fault ground is irreconcilable differences, meaning the marriage cannot be preserved. No proof of wrongdoing is required for a no-fault divorce.
Requirements: At least one spouse must have lived in North Dakota for at least 6 months before filing.
Basic process: In North Dakota, one spouse begins the case by preparing and serving a summons and complaint using an approved method, then filing the paperwork with the court and paying the filing fee (or requesting a fee waiver). The other spouse has a deadline to respond, though a response may not be required if the spouses file a joint Divorce Agreement. Depending on the case, the court may finalize the divorce based on filed documents and affidavits or require a hearing. The divorce is final once the judge signs and enters the judgment and decree.
Official information & forms: Divorce information and court-approved forms are available through the North Dakota Supreme Court website

Ohio

Grounds: Ohio allows both no-fault and fault-based divorces, as well as dissolutions of marriage. No-fault grounds include incompatibility or living separate and apart without cohabitation for at least one year. Fault-based grounds require proof that one spouse caused the breakdown of the marriage. In most cases, the stated grounds do not affect property division or support, though related conduct may be considered in custody or financial decisions.
Dissolution: Dissolution of marriage is available when both spouses agree on all terms. There is no plaintiff or defendant, and the process focuses on court approval of a complete separation agreement. Dissolution is generally faster and less adversarial than divorce.
Requirements: The filing spouse must have lived in Ohio for at least 6 months before filing, and either spouse must have lived in the filing county for at least 90 days.
Basic process: In Ohio, a divorce begins when one spouse files a complaint in the appropriate court and serves the other spouse. The other spouse may file an answer or counterclaim, and the court may issue temporary orders while the case is pending. If the spouses agree on all terms, they may use the faster dissolution process. If they do not agree, the case proceeds through court conferences, discovery, and a final hearing or trial before the court enters the final decree.
Official information & forms: Information about divorce, dissolution, and separation is available through the Ohio State Bar Association, and court forms are provided by the Ohio Judicial Branch.

Oklahoma

Grounds: Oklahoma allows both fault-based and no-fault divorces. The primary no-fault ground is incompatibility, commonly described as irreconcilable differences. Fault grounds are still available but are not required to obtain a divorce.
Requirements: At least one spouse must have lived in Oklahoma for at least 6 months before filing, and for at least 30 days in the county where the case is filed.
Basic process: In Oklahoma, one spouse begins the divorce by filing a petition in district court and serving the other spouse using an approved method. If the spouses agree on all terms, the case may move quickly to a final hearing where the court enters the divorce decree. If the case involves children or contested issues, additional steps and waiting periods may apply before finalization. The divorce is complete when the judge signs the final decree.
Official information & forms: Divorce information and court forms are available through OKLaw.org.

Oregon

Grounds: Oregon is a pure no-fault divorce state. The only ground for divorce is that the marriage has irreconcilable differences that have caused the irretrievable breakdown of the marriage.
Requirements: At least one spouse must have lived in Oregon for at least 6 months before filing.
Basic process: In Oregon, one spouse files a petition for dissolution of marriage in circuit court and then serves the other spouse using an approved method. The other spouse may file a response; if no response is filed, the case may proceed by default and be finalized based on the submitted paperwork. If the case is contested, the court may issue temporary orders, require financial disclosures, and encourage settlement before trial. The divorce is final when the court signs and enters the judgment of dissolution, subject to any applicable waiting or effective-date rules.
Official information & forms: Divorce information, instructions, and court forms are available through the Oregon Judicial Branch website.

Pennsylvania

Grounds: Pennsylvania allows both no-fault and fault-based divorces. No-fault options include divorce by mutual consent or divorce based on living separate and apart for at least one year.
Requirements: At least one spouse must have lived in Pennsylvania for at least 6 months before filing.
Basic process: In Pennsylvania, a divorce begins when one spouse files a complaint (or, in some cases, a writ of summons) with the county court and pays the filing fee, then ensures the other spouse is properly served. The case may proceed by mutual consent after required waiting periods and affidavits, or by another no-fault path requiring proof of separation. If the spouses agree on terms, they may submit a Settlement Agreement for court approval, though an agreement is not required to finalize a no-fault divorce. The divorce is final when the court enters the final divorce decree.
Official information & forms: Divorce information and court forms are available through the Judicial System of Pennsylvania website.

Rhode Island

Grounds: Rhode Island allows both no-fault and fault-based divorces. The no-fault ground is irreconcilable differences, meaning the marriage cannot be repaired. Fault grounds include adultery, extreme cruelty, desertion, habitual drunkenness, drug abuse, neglect or refusal to provide support, and other serious misconduct, which must be proven to the court.
Requirements: At least one spouse must have lived in Rhode Island for at least 1 year before filing. For no-fault divorce, spouses must have lived separate and apart for at least 3 years or, in uncontested cases, may proceed after a shorter statutory period depending on circumstances.
Basic process: In Rhode Island, one spouse begins the divorce by filing a complaint with the Family Court and paying the filing fee, then serving the other spouse. The case proceeds through court scheduling toward either an uncontested resolution or contested proceedings. If the spouses settle, they may submit a Divorce Agreement for court approval; otherwise, the court holds hearings and decides unresolved issues. The divorce is final when the judge signs and enters the final judgment.
Official information & forms: Divorce information and court forms are available through the Rhode Island Judiciary website.

South Carolina

Grounds: South Carolina allows both fault and no-fault divorces. Fault grounds include adultery, habitual drunkenness or drug abuse, physical cruelty, and desertion. The no-fault divorce ground is based on the spouses living separate and apart without sexual relations for at least one year.
Requirements: Residency depends on the parties’ circumstances. If only one spouse lives in South Carolina, that spouse must have lived there for at least 1 year before filing. If both spouses live in South Carolina, the residency requirement is at least 3 months.
Basic process: In South Carolina, one spouse files a complaint for divorce and serves the other spouse with the required documents. The other spouse may file an answer, and both parties must complete required financial disclosures. The court then schedules a hearing. If the spouses agree on all terms, they may present a Settlement Agreement for approval; if not, the judge resolves disputed issues at the hearing. The divorce is final when the court signs the final order and it is filed with the clerk.
Official information & forms: Divorce forms and procedural information are available through the South Carolina Judicial Branch website.

South Dakota

Grounds: South Dakota allows both no-fault and fault-based divorces. The no-fault ground is irreconcilable differences, which may generally be used only if both spouses agree. Fault grounds include adultery, extreme cruelty, willful desertion, willful neglect, habitual intemperance, felony conviction, and incurable mental illness, all of which must be proven to the court.
Requirements: At least one spouse must have lived in South Dakota for at least 6 months before filing and must continue to reside in the state until the divorce is finalized.
Basic process: In South Dakota, a divorce begins when one spouse files a summons and complaint with the court and pays the filing fee. The other spouse must be served and given an opportunity to respond. If the spouses agree on all terms, the case may proceed as uncontested with a written stipulation or settlement. If the case is contested or based on fault grounds, the court schedules additional proceedings to resolve disputed issues. The divorce is final when the court signs and enters the final divorce decree.
Official information & forms: Divorce forms and instructions are available through the South Dakota Unified Judicial System website.

Tennessee

Grounds: Tennessee allows both fault and no-fault divorces. The primary no-fault ground is irreconcilable differences, which requires that the divorce be fully uncontested and that the spouses agree on all terms. Tennessee also allows a no-fault divorce based on living separate and apart for at least 2 years, but only if the spouses have no minor children.
Requirements: At least one spouse must have lived in Tennessee for at least 6 months before filing. If the divorce is based on separation, the required separation period must be met before filing.
Basic process: In Tennessee, one spouse files a petition for divorce in the appropriate county court and provides the filed papers to the other spouse. For irreconcilable differences cases, the spouses typically submit a Marital Dissolution Agreement and required paperwork together. A hearing is held after the statutory waiting period (longer when minor children are involved). The divorce is final when the judge signs the final decree.
Official information & forms: Divorce forms and instructions are available through the Tennessee Courts website.

Texas

Grounds: Texas allows both fault and no-fault divorces. Fault grounds include cruelty, adultery, felony conviction, abandonment, living apart for at least three years, and confinement in a mental hospital. The no-fault ground is that the marriage has become “insupportable due to discord or conflict of personalities,” with no reasonable expectation of reconciliation. In a no-fault divorce, the court does not assign blame for the end of the marriage.
Requirements: Either the petitioner or the respondent must have lived in Texas for at least 6 months before filing and in the county where the divorce is filed for at least 90 days.
Basic process: In Texas, a divorce begins when one spouse files an original petition for divorce in the appropriate county court and pays the filing fee. The other spouse must be served or may sign a waiver of service, and may file an answer to participate in the case. Texas has a mandatory 60-day waiting period before a divorce can be finalized (with limited exceptions). If the spouses agree on all terms, they may submit a final decree (and any child-related orders) for court approval with minimal court involvement. If they do not agree, the case proceeds through additional court steps and concludes with a final hearing or trial where the judge signs the final decree.
Official information & forms: Divorce information is available on TexasLawHelp.org, and court forms are available through the Texas State Law Library website.

Utah

Grounds: Utah allows both fault and no-fault divorces. The no-fault grounds include irreconcilable differences or living separate and apart without cohabitation for at least three consecutive years.
Requirements: At least one spouse must have lived in Utah and in the filing county for at least 3 months before filing.
Basic process: In Utah, one spouse files a petition for divorce in district court and serves the other spouse, who may file an answer. Utah generally requires a 30-day waiting period before a divorce can be finalized, though the court may waive it in limited circumstances. If the spouses have minor children, required education courses apply and may affect timing. If the spouses reach agreement, they can submit the required paperwork for approval; if not, the court resolves disputed issues and enters the final divorce decree.
Official information & forms: Utah provides extensive self-help resources, including the Online Court Assistance Program, which allows users to prepare divorce-related court documents.

Vermont

Grounds: Vermont allows no-fault divorce when one party alleges that the marriage is irretrievably broken, commonly referred to as irreconcilable differences.
Requirements: One or both spouses must have lived in Vermont for at least 6 months before filing. In most cases, the court cannot finalize the divorce unless at least one spouse has lived in Vermont for at least 1 year.
Basic process: In Vermont, a divorce begins when one spouse files a divorce complaint (or the appropriate filing for the situation) with the court and pays the filing fee, then serves the other spouse with the summons and complaint. A statutory waiting period applies before the court may enter the final decree. If the spouses agree on all terms, they may submit a stipulation or Settlement Agreement for court approval and request streamlined processing. If issues are disputed, the court schedules proceedings to resolve them. The divorce is final when the court enters the final divorce order.
Official information & forms: Divorce instructions and court forms are available through the Vermont Judiciary website.

Virginia

Grounds: Virginia allows both fault and no-fault divorces. The no-fault ground is living separate and apart continuously and without cohabitation for 1 year, or 6 months if the spouses have no minor children and have entered into a written separation agreement.
Requirements: At least one spouse must have lived in Virginia for at least 6 months before filing.
Basic process: In Virginia, one spouse begins the divorce by filing a complaint (bill of complaint) and serving the other spouse, who has a deadline to file an answer. Even in uncontested cases, Virginia generally requires proof of the grounds for divorce, which may be presented through a brief hearing, deposition, or sworn affidavits. If the spouses agree on property division, support, and parenting issues, they may submit a written Divorce Agreement to limit what must be litigated. The divorce is final when the judge signs the final decree and it is entered by the court.
Official information & forms: Divorce information and guidance are available through the Virginia Judicial System Court Self-Help website.

Washington

Grounds: Washington is a pure no-fault divorce state. A marriage may be dissolved when one or both spouses state that the marriage is irretrievably broken. Fault is not considered in granting the divorce. Dissolution ends the marriage and establishes orders regarding parenting, support, and division of property and debts.
Requirements: At least one spouse must reside in Washington at the time of filing. Washington requires a minimum 90-day waiting period after filing and service before the court may finalize the divorce.
Basic process: In Washington, one spouse files a petition and summons for dissolution and serves the other spouse. The other spouse has a set time to respond. The case may proceed by agreement, with written terms in a Settlement Agreement, or through court proceedings if issues are contested. Temporary orders may be requested while the case is pending. The divorce is final when the court signs and enters the decree of dissolution and related final orders.
Official information & forms: Divorce forms and instructions are available through the Washington State Courts website.

Washington, D.C.

Grounds: The District of Columbia allows no-fault divorce. A divorce may be granted when one spouse alleges that the marriage is irretrievably broken and there is no reasonable prospect of reconciliation.
Requirements: At least one spouse must have lived in the District of Columbia for at least 6 months before filing. A no-fault divorce generally requires either a 6-month mutual separation without cohabitation or sexual relations, or a 1-year separation if the separation is not mutual.
Basic process: In Washington, D.C., one spouse files a complaint for absolute divorce with the Superior Court along with required forms and the filing fee. The other spouse must be served unless the case proceeds by mutual consent. If the divorce is uncontested, the parties may submit a Settlement Agreement and supporting documents for court review without extensive hearings. If contested, the case proceeds through court conferences and hearings. The divorce is final when the court enters the final divorce order.
Official information & forms: Divorce information and court forms are available through the District of Columbia Courts website.

West Virginia

Grounds: West Virginia allows both fault and no-fault divorces. The no-fault grounds include incompatibility or voluntary or involuntary separation without cohabitation for at least one year.
Requirements: At least one spouse must have lived in West Virginia for at least 1 year before filing.
Basic process: In West Virginia, one spouse files a petition for divorce in circuit court and serves the other spouse using an approved method. The other spouse has a deadline to respond. If the parties agree on all terms and proceed on a no-fault basis, the case may be resolved more efficiently. If issues are disputed, the court schedules a final hearing where the judge resolves contested matters and issues the decree. The divorce is final when the court enters the final decree of divorce.
Official information & forms: Divorce information and form packets are available through the West Virginia Courts website.

Wisconsin

Grounds: Wisconsin is a no-fault divorce state. A divorce may be granted if one or both spouses state that the marriage is irretrievably broken, or if the spouses have lived separate and apart for at least 12 consecutive months. Fault such as adultery does not affect whether a divorce is granted, though related conduct may be considered in child custody decisions.
Requirements: At least one spouse must have lived in Wisconsin for at least 6 months before filing, and one spouse must have lived in the filing county for at least 30 days.
Basic process: In Wisconsin, a divorce begins when one or both spouses file the required petition paperwork with the county circuit court and pay the filing fee, then ensure the other spouse is properly served unless filing jointly. The case proceeds through required financial disclosures and any necessary temporary orders. If the spouses agree on all terms, they may submit a Settlement Agreement for court approval; if not, the court resolves disputed issues through hearings. The divorce is final when the court enters the final judgment of divorce.
Official information & forms: Divorce forms and instructions are available through the Wisconsin Court System website.

Wyoming

Grounds: Wyoming is a no-fault divorce state. The ground for divorce is irreconcilable differences, meaning the marriage cannot be preserved.
Requirements: At least one spouse must have lived in Wyoming for at least 60 days before filing.
Basic process: In Wyoming, one spouse begins the divorce by filing a complaint and required accompanying forms with the court and serving the other spouse, unless service is properly accepted and filed. After required disclosures and responses, uncontested cases may be finalized based on affidavits and submitted paperwork, depending on court requirements. If the case is contested, the court schedules further proceedings to resolve disputed issues before issuing the decree. The divorce is final when the judge signs and the court enters the decree of divorce.
Official information & forms: Divorce information and court forms are available through Wyoming’s judicial branch website.

When to Get Legal Help

While some divorces are relatively straightforward, many situations benefit from legal guidance. You may want to consult a lawyer or legal service if:

You and your spouse disagree on major issues like property division, custody, or support
The marriage involves significant assets, debts, or business interests
There are concerns about domestic violence, safety, or power imbalances
You’re unsure how your state’s laws apply to your situation

Divorce is a legal process shaped heavily by state law. Knowing the rules where you live can make the process clearer and less stressful. You canconsult a Legal Pro with Rocket Lawyer to learn more about divorce in your state or to find a local attorney to help you navigate the process.

Please note: This page offers general legal information, not but not legal advice tailored for your specific legal situation. Rocket Lawyer Incorporated isn't a law firm or a substitute for one. For further information on this topic, you can Ask a Legal Pro.