Standard Legal

STATE SPECIFIC DIVORCE INFORMATION CHART

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State Residency Requirements No-Fault Grounds Waiting Period
Alabama The filing spouse must be resident of the state for at least 6 months prior to filing the action if other spouse is a non-resident; no waiting period is required if both spouses are residents of Alabama. Irretrievable breakdown of the marriage; or voluntary separation for 1 year; or complete incompatibility of temperament 30 day waiting period after filing the action before the court may issue a judgment granting the divorce
Alaska The filing spouse (the one who is filing the documents) must be a resident of Alaska. Incompatibility of temperament resulting in irremediable breakdown of marriage.
Arizona One or either spouse must reside in Arizona for at least 90 days before filing the petition. Irretrievable breakdown of the marriage. After service of petition on other spouse, a 60 day waiting period is required before the divorce can be granted.
Arkansas The filing spouse must reside in the state for at least 60 days before filing the petition. Voluntary living separately and apart for 18 consecutive months without cohabitation Unless the parties shall have lived separate and apart from each other for a period of twelve (12) months before the filing of the complaint, no decree of divorce shall be rendered before the 30th day following the day upon which the action for divorce is commenced.
California The filing spouse must reside for 6 months within the state and 3 months in the county where the divorce will be filed before filing the petition. Irreconcilable differences which have caused the irremediable of the marriage. After the dissolution papers are served upon the other spouse or the spouse enters an appearance, the parties must wait 6 months before divorce can be granted.
Colorado One of the spouses must be a resident of the state for at least 90 days prior to filing the Petition. Irretrievable breakdown of the marriage. After the responding spouse is served with the documents, the court may impose a 30 - 60 day wait before the dissolution can be granted.
Connecticut May be filed by either spouse if he or she is a resident of the state, but the dissolution will not be finalized until one spouse has resided in the state for 1 year (unless the filing spouse was a resident of the state at the time of the marriage and returned to the state with the intention to remain a resident – then the 1 year wait is waived). Irretrievable breakdown of the marriage; or incompatibility and voluntary separation for 18 months with no reasonable grounds for reconciliation. After "return date", the parties must wait 90 days before the divorce can be granted.
Delaware Either spouse must be a resident for at least 6 months prior to filing the action. Irretrievable breakdown of the marriage.
District of Columbia Either spouse must be a resident for at least 6 months prior to filing the action. Living separate and apart for 1 year without cohabitation; or mutual voluntary separation without cohabitation for 6 months.
Florida The filing spouse must reside within the state for 6 months prior to filing the action. Irretrievable breakdown of the marriage.
Georgia The filing spouse must reside within the state for 6 months prior to filing the action (but a non-resident can file against defendant who has resided in the state for a period of 6 months prior to filing the action). Irretrievable breakdown of the marriage. Divorce cannot be granted for 30 days after the filing of the action.
Hawaii The filing spouse must reside within the state for 3 months prior to filing the action. Irretrievable breakdown of the marriage; or living separate and apart for 2 years without cohabitation. Before the divorce can be granted, one spouse must have resided in the state for at least 6 months.
Idaho The filing spouse must reside within the state for 6 weeks immediately prior to filing the action. Irreconcilable differences causing the irremediable breakdown of the marriage; or living separate and apart without cohabitation for 5 years.
Illinois The filing spouse must reside within the state for 90 days prior to filing the action. Irreconcilable differences causing the irremediable breakdown of the marriage and the spouses have lived apart without cohabitation for 2 years (but if both spouses consent to the divorce, the non-cohabitation period becomes 6 months).
Indiana One of the spouses must reside for 6 months within the state and reside for at least 3 months in the county where the petition will be filed. Irretrievable breakdown of the marriage. After initiation of dissolution, there is a 60 day waiting period  before the dissolution will be granted.
Iowa The filing spouse must reside within the state for 1 year prior to filing the action (unless the other spouse is resident of the state and is served with papers and accepts same). There has been a breakdown of the marriage relationship to the extent that the legitimate objects of matrimony have been destroyed and there remains no reasonable likelihood that the marriage can be preserved. There is a 90 day waiting period after filing before the dissolution will become final.
Kansas Either spouse must reside within the state for 60 days immediately prior to filing the action. Incompatibility There is a 60 day waiting period after filing the action before the dissolution will become final.
Kentucky The filing spouse must reside within the state for 180 days prior to filing the action.   Irretrievable breakdown of the marriage No dissolution will be granted until the spouses have lived apart for at least 60 days.
Louisiana The filing spouse must reside within the state for 1 year prior to filing the action. One spouse desires a divorce. There is a 180 day waiting period from the service of the petition, or from the execution of written waiver of the service, and proof that the spouses have lived separate and apart continuously for at least 180 days prior to the filing.
Maine The plaintiff must have resided in good faith in this State for 6 months prior to the commencement of the action; or the plaintiff has been a resident of this State and the parties were married in this State; or the plaintiff is a resident of this State and the parties resided in this State when the cause of divorce accrued; or the defendant is a resident of this State at the time of filing the action.  Irreconcilable marital differences.
Maryland If the grounds for the divorce occurred in Maryland, either party may file without a waiting period. Voluntary separation, if: (i)  the parties voluntarily have lived separate and apart without cohabitation for 12 months without interruption before the filing of the application for divorce; and (ii) there is no reasonable expectation of reconciliation
Massachusetts No waiting period if both the husband and wife lived in the commonwealth at the time of the grounds for divorce. If grounds occurred outside of the commonwealth, the filing spouse must reside in the commonwealth for 1 year.    Irretrievable breakdown of the marriage.
Michigan Prior to filing the action, one spouse must be a resident of the state for 180 days and a resident for at least 10 days in/of the county in which the action is filed. There has been a breakdown of the marriage relationship to the extent that the objects of matrimony have been destroyed and there remains no reasonable likelihood that the marriage can be preserved.
Minnesota One of the parties must have resided in this state, or has been a member of the armed services stationed in this state, for not less than 180 days immediately preceding the commencement of the proceeding. Irretrievable breakdown of the marriage, demonstrated by living apart for 180 days or serious marital discord adversely affecting the attitude of one or both of the spouses toward the marriage.
Mississippi One of the parties must have resided in this state, or has been a member of the armed services stationed in this state, for not less than 6 months immediately preceding the commencement of the suit. Irreconcilable differences. There is a 60 day waiting period after the filing of the action before the divorce can be granted.
Missouri One of the parties must have resided in this state, or has been a member of the armed services stationed in this state, for not less than 90 days immediately preceding the commencement of the proceeding. Irretrievable breakdown of the marriage with no reasonable likelihood that the marriage can be preserved. There is a 30 day waiting period after the filing of the action before the divorce can be granted.
Montana One of the parties, at the time the action was commenced, must be domiciled in this state or stationed in this state while a member of the armed services and that the domicile or military presence has been maintained for 90 days preceding the making of the findings. The marriage is irretrievably broken, which findings must be supported by evidence: (i) that the parties have lived separate and apart for a period of more than 180 days preceding the commencement of this proceeding; or (ii) that there is serious marital discord that adversely affects the attitude of one or both of the parties towards the marriage.
Nebraska One of the spouses must reside within the state for 1 year prior to filing the action or if the marriage occurred in Nebraska, one of the spouses has resided in the state for the entire marriage. Irretrievable breakdown of the marriage.
Nevada The filing spouse must reside within the state for 6 weeks prior to filing the action. Incompatibility or living separate and apart without cohabitation for 1 year.
New Hampshire No waiting period if both parties reside in state at time of filing; the plaintiff must have resided in the state for one year if defendant was personally served with process within the state; the plaintiff must have resided in the state for one year prior to the time when the action was commenced. Irreconcilable differences which have caused the irremediable breakdown of the marriage.
New Jersey One of the spouses must reside within the state for one year prior to filing the action. Living separate and apart for 18 months with no reasonable grounds for reconciliation.
New Mexico One of the spouses must reside within the state for 6 months prior to filing the action and maintain a residence within state. Incompatibility (exists when, because of discord or conflict of personalities, the legitimate ends of the marriage relationship are destroyed preventing any reasonable expectation of reconciliation).
New York No minimum time if both spouses reside in the state at the time of the divorce. One year residency requirement when: the parties were married in the state and one party is a resident of the state when the action is commenced; when the parties have resided in this state as husband and wife and when only one party is a resident when the action is commenced; one party has been a resident and the cause occurred of the divorce in the state. If only one  party is a resident of the state and none of the grounds above apply for the one year residency requirement, one spouse must reside in the state for two years immediately preceding the commencement of the action. The husband and wife have lived separate and apart under a written Separation Agreement for a period of one or more years after the execution of such agreement and satisfactory proof has been submitted by the plaintiff that he or she has substantially performed all the terms and conditions of such agreement. One year living separate and apart.
North Carolina One of the spouses must reside within the state for 6 months prior to filing the action. Living separate and apart without cohabitation for 1 year.
North Dakota One of the spouses must reside within the state for 6 months prior to filing the action. Irreconcilable differences.
Ohio One of the spouses must reside within the state for 6 months prior to filing the action and a resident of the county where the action is filed for at least 90 days. Husband and wife have, without interruption for one year, lived separate and apart without cohabitation; or incompatibility, unless denied by either party. 30 day waiting period after filing the petition.
Oklahoma One of the spouses must reside within the state for 6 months prior to filing the petition. Also, the plaintiff must have been a resident of the county where the petition is filed for at least thirty (30) days immediately preceding the filing of the petition. Incompatibility.
Oregon No waiting period if the marriage occurred in the state and either party is a resident of or domiciled in the state at the time the suit is commenced. If the marriage did not occur in the state, at least one party must be a resident of the state at the time the suit is commenced and continuously for a period of six months prior thereto. Irreconcilable differences between the parties having caused the irremediable breakdown of the marriage.
Pennsylvania One of the spouses must reside within the state for 6 months prior to filing the action. The marriage is irretrievably broken (and 90 days have elapsed from the date of commencement of an action and an affidavit has been filed by each of the parties evidencing that each of the parties consents to the divorce).
Rhode Island One of the spouses must reside within the state for one year prior to filing the action. Irreconcilable differences which have caused the irremediable breakdown of the marriage.
South Carolina If both spouses live in North Carolina, they must be residents of the state for 3 months; if only one spouse is a resident, that spouse must have been a resident for 1 year prior to filing of the action. Living separate and apart for one year without cohabitation for one year. 3 month waiting period after the filing of the divorce.
South Dakota The spouse filing the action must be a resident of South Dakota at time of filing and at the time that the divorce is granted. Irreconcilable differences causing the irremediable breakdown of the marriage. 3 month waiting period after the action is filed.
Tennessee No waiting period if the plaintiff was a resident of the state when the grounds for the divorce were committed; but one of the spouses must reside within the state for 6 months prior to filing the action if the grounds for the divorce were committed out of this state. Irreconcilable differences between the parties; or both parties have lived in separate residences for a continuous period of two (2) or more years, have not cohabited as man and wife during such period, and there are no minor children of the parties. 60 - 90 day waiting period after the action is filed.
Texas One of the spouses must reside within the state for six months prior to filing the action, plus one of the parties must be resident of County in which the suit is filed for at least 90 days prior to filing. The marriage has become insupportable because of discord or conflict of personalities that destroys the legitimate ends of the marital relationship and prevents any reasonable expectation of reconciliation; or if the spouses have lived apart without cohabitation for at least three years.
Utah The filing spouse must reside within the state for three months prior to filing the action as well as being a resident of County in which the suit is filed for the same period. Irreconcilable differences of the marriage; or when the husband and wife have lived separately under a decree of separate maintenance of any state for three consecutive years without cohabitation.
Vermont One of the spouses must reside within the state for six months prior to filing the action. The spouses have lived apart for six consecutive months and the resumption of marital relations is not reasonably probable. A divorce shall not be decreed for any cause unless the plaintiff or the defendant has resided in the state one year next preceding the date of final hearing.
Virginia One of the spouses must reside within the state for six months prior to filing the action. The spouses have lived separate and apart without any cohabitation and without interruption for one year. In any case where the parties have entered into a separation agreement and there are no minor children either born of the parties, a divorce may be decreed on application if and when the husband and wife have lived separately and apart without cohabitation and without interruption for six months.
Washington The filing spouse must (1) be a resident of this state, or (2) is a member of the armed forces and is stationed in this state, or (3) is married to a party who is a resident of this state or who is a member of the armed forces and is stationed in this state. Irretrievable breakdown of the marriage. 90 day waiting period from the date of service of the summons prior to issuance of order granting the dissolution.
West Virginia If the marriage was entered into within this state, the filing spouse must be a resident of this state at the time of commencement of the action; or if the marriage was not entered into within this state, one of the parties was a resident of this state for at least one year at the time the cause of action arose. Irreconcilable differences exist between the parties (and an answer is filed admitting that allegation); or the spouses have lived separate and apart in separate places of abode without any cohabitation and without interruption for one year.
Wisconsin One of the parties must have been a resident of the county in which the action is brought for not less than 30 days next preceding the commencement of the action. Irretrievable breakdown of the marriage.
Wyoming The filing spouse must reside in the state for at least 60 days immediately preceding the time of filing the complaint, unless marriage occurred in the state and the filing spouse has resided in this state from the time of the marriage until the filing of the complaint. Irreconcilable differences in the marital relationship. 20 day waiting period after filing before the divorce will be granted.