Divorce Laws by State Comparison
Divorce laws vary significantly from state to state. Whether you are considering filing or are already in the process, understanding how your state handles property division, residency requirements, grounds for divorce, and waiting periods is essential. Use the interactive table below to compare divorce laws across all 50 states and DC.
Community Property States
9
Marital assets split 50/50
Equitable Distribution States
40
Fair but not necessarily equal
No-Fault Only States
15
No need to prove wrongdoing
Understanding Property Division Types
State-by-State Comparison Table
Showing 51 of 51 jurisdictions. Click a column header to sort. Click a row for details.
| Filing Fees | |||||
|---|---|---|---|---|---|
AlabamaAL | Equitable Distribution | 6 months residency required | No-FaultFault | 30 days after filing | $200-$400 |
AlaskaAK | Hybrid | 30 days residency required; must be filed in the state | No-FaultFault | 30 days after service | $250-$350 |
ArizonaAZ | Community Property | 90 days residency in the state | No-Fault | 60 days after service | $300-$400 |
ArkansasAR | Equitable Distribution | 60 days residency; must reside in state for 3 months before final decree | No-FaultFault | 30 days after filing | $150-$200 |
| Community Property | 6 months in the state, 3 months in the county | No-Fault | 6 months from service | $435-$500 | |
ColoradoCO | Equitable Distribution | 91 days residency in the state | No-Fault | 91 days after service | $230-$300 |
| Equitable Distribution | 12 months residency; or if grounds arose after moving to the state | No-FaultFault | 90 days after filing | $350-$450 | |
DelawareDE | Equitable Distribution | 6 months residency | No-FaultFault | None for no-fault if separated 6 months | $150-$250 |
| Equitable Distribution | 6 months residency required | No-FaultFault | 6 months separation or 1 year living apart | $120-$200 | |
FloridaFL | Equitable Distribution | 6 months residency | No-Fault | 20 days after filing | $400-$450 |
GeorgiaGA | Equitable Distribution | 6 months residency | No-FaultFault | 30 days after service | $200-$250 |
HawaiiHI | Equitable Distribution | 6 months residency; or 3 months for military | No-Fault | None | $200-$300 |
IdahoID | Community Property | 6 weeks residency | No-FaultFault | 20 days after filing | $200-$250 |
IllinoisIL | Equitable Distribution | 90 days residency | No-Fault | 6 months separation (can be waived by agreement after 6 months) | $250-$400 |
IndianaIN | Equitable Distribution | 6 months in the state, 3 months in the county | No-FaultFault | 60 days after filing | $150-$250 |
IowaIA | Equitable Distribution | 12 months residency | No-Fault | 90 days after service | $200-$300 |
KansasKS | Equitable Distribution | 60 days residency | No-FaultFault | 60 days after filing | $150-$200 |
KentuckyKY | Equitable Distribution | 180 days residency | No-Fault | 60 days after filing | $150-$200 |
| Community Property | 12 months residency in the state; or 6 months for military | No-FaultFault | 180 days if children; 365 days if no-fault with no children (from date of separation) | $200-$400 | |
MaineME | Equitable Distribution | 6 months residency; or if married in Maine, can file if either party resides there | No-FaultFault | 60 days after service | $120-$200 |
MarylandMD | Equitable Distribution | 12 months residency if grounds arose outside the state; 6 months if grounds arose within | No-FaultFault | None for mutual consent divorce | $150-$200 |
| Equitable Distribution | 12 months residency if both parties reside in state; no requirement if grounds arose in state | No-FaultFault | 120 days after filing (for 1A uncontested); 90 days (for 1B contested) after hearing | $200-$300 | |
MichiganMI | Equitable Distribution | 180 days in the state, 10 days in the county | No-Fault | 60 days (no children); 180 days (with children, can be reduced to 60) | $175-$250 |
| Equitable Distribution | 180 days residency | No-Fault | 30 days after service (can be waived) | $350-$450 | |
| Equitable Distribution | 6 months residency | No-FaultFault | 60 days after filing | $150-$250 | |
MissouriMO | Equitable Distribution | 90 days residency | No-Fault | 30 days after filing | $100-$200 |
MontanaMT | Equitable Distribution | 90 days residency | No-FaultFault | 20 days after service | $150-$250 |
NebraskaNE | Equitable Distribution | 12 months residency; or 1 year if married in Nebraska | No-Fault | 60 days after filing | $150-$200 |
NevadaNV | Community Property | 6 weeks residency | No-FaultFault | None | $300-$400 |
| Equitable Distribution | 12 months residency; or if both parties domiciled in the state | No-FaultFault | None | $250-$350 | |
| Equitable Distribution | 12 months residency; or no requirement if grounds arose in state | No-FaultFault | None for irreconcilable differences | $300-$350 | |
| Community Property | 6 months residency | No-FaultFault | 30 days after filing | $130-$200 | |
New YorkNY | Equitable Distribution | 2 years continuous residency; or 1 year if certain conditions are met | No-FaultFault | None for no-fault after 6 months separation or agreement | $335-$400 |
| Equitable Distribution | 6 months residency | No-FaultFault | 1 year of continuous separation required before filing | $200-$300 | |
| Equitable Distribution | 6 months residency | No-FaultFault | None | $80-$150 | |
OhioOH | Equitable Distribution | 6 months residency; 90 days in the county | No-FaultFault | None for contested; 30 days for dissolution | $200-$350 |
OklahomaOK | Equitable Distribution | 6 months residency | No-FaultFault | 10 days if no children; 90 days if children | $180-$280 |
OregonOR | Equitable Distribution | 6 months residency; or if married in Oregon, can file immediately if residing there | No-Fault | None | $250-$350 |
| Equitable Distribution | 6 months residency | No-FaultFault | 90 days after filing (for no-fault mutual consent); 1 year separation for contested no-fault | $200-$350 | |
| Equitable Distribution | 12 months residency | No-FaultFault | None after filing; but 3-month period before final hearing | $150-$250 | |
| Equitable Distribution | 3 months if both parties reside in state; 12 months for petitioner if respondent is out of state | No-FaultFault | None for fault-based; 1 year of separation for no-fault | $150-$200 | |
| Equitable Distribution | Residency at the time of filing | No-FaultFault | None | $95-$150 | |
| Hybrid | 6 months residency if grounds arose in state; otherwise no specific duration | No-FaultFault | 60 days if no children; 90 days if children | $250-$350 | |
TexasTX | Community Property | 6 months in the state, 90 days in the county | No-FaultFault | 60 days after filing | $250-$350 |
UtahUT | Equitable Distribution | 3 months residency in the county | No-FaultFault | 90 days after filing (can be waived) | $300-$400 |
VermontVT | Equitable Distribution | 6 months residency | No-FaultFault | None after filing; 6-month separation period required as part of grounds | $250-$350 |
VirginiaVA | Equitable Distribution | 6 months residency | No-FaultFault | 1 year of separation (6 months with separation agreement and no minor children) | $85-$150 |
| Community Property | Petitioner must be a resident of the state (no specific duration) | No-Fault | 90 days after filing and service | $250-$350 | |
| Equitable Distribution | 12 months residency; or if married in state, can file if either party is a resident | No-FaultFault | None after filing if irretrievable breakdown; 1 year for separation-based ground | $150-$200 | |
| Community Property | 6 months in the state, 30 days in the county | No-Fault | 120 days after service | $175-$250 | |
WyomingWY | Equitable Distribution | 60 days residency | No-FaultFault | 20 days after filing | $70-$130 |
No-Fault vs. Fault-Based Divorce
Every state now offers some form of no-fault divorce, meaning you can file without proving that your spouse did something wrong. The most common no-fault ground is "irreconcilable differences" or "irretrievable breakdown of the marriage."
However, many states still allow fault-based grounds as well, such as adultery, cruelty, abandonment, or substance abuse. Filing on fault grounds can sometimes affect alimony awards or property division in those states.
States that are purely no-fault (like California, Florida, and Oregon) do not consider marital misconduct when dividing property or awarding support. This can simplify the process and reduce conflict.
Residency Requirements Explained
Before you can file for divorce in any state, you must meet that state's residency requirement. This means at least one spouse must have lived in the state for a specified period. Requirements range from as little as 30 days (Alaska, South Dakota) to as long as one year (Connecticut, New Jersey, New York).
Some states also require residency in a specific county. If you recently moved, you may need to wait before filing, or you may be able to file in the state where your spouse still lives.
Waiting and Cooling-Off Periods
Many states impose a mandatory waiting period between filing for divorce and when the divorce can be finalized. This "cooling-off" period is intended to give couples time to reconsider or negotiate. Waiting periods range from no waiting at all to 12 months or more in some cases.
The waiting period typically starts when the divorce petition is filed or when the other spouse is served. During this time, you can still negotiate property division, custody, and support.
Alimony and Spousal Support
Alimony (also called spousal support or maintenance) is not guaranteed in any state. Courts consider multiple factors when deciding whether to award alimony and how much. Common factors include:
- Length of the marriage
- Each spouse's income and earning capacity
- Standard of living during the marriage
- Age and health of both parties
- Contributions to the marriage (including homemaking)
- Whether fault is considered (varies by state)
Click on any state row in the table above to see the specific alimony factors that courts in that state consider.
Model your divorce settlement scenarios
Divorce Navigator helps you compare property division, alimony, and child support outcomes using your state's actual rules. Organize documents, track timelines, and prepare for attorney consultations.
Get Started FreeThis information is for educational purposes only and does not constitute legal advice. Laws change frequently. Consult a licensed attorney in your jurisdiction for guidance specific to your situation. Data last updated January 2025.