The Legal Requirements for Divorce in Each State: A Comprehensive Guide

Divorce, a life-altering event that affects not only the couple involved but also their families and communities, is a process with distinct legal requirements that vary from state to state in the United States. Understanding the specific legal requirements for divorce in your state is crucial, as they can greatly impact the time, cost, and overall process of ending a marriage. In this comprehensive guide, we will explore the legal requirements for divorce in each state, offering insights and information for the general public seeking to navigate this complex and emotionally charged process.

1. Table of Contents

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   Alabama

In Alabama, a divorce can be filed on either fault or no-fault grounds. For a no-fault divorce, couples must have been living apart for at least one year. In the case of a fault-based divorce, grounds such as adultery, abandonment, cruelty, or addiction must be proven.

2. Alaska

Alaska allows for no-fault divorces, with the requirement that the couple must be living separately and apart for at least 30 days. If one spouse contests the divorce, the separation period extends to 60 days.

3. Arizona

Arizona also offers both no-fault and fault-based divorce options. For a no-fault divorce, the couple must demonstrate that the marriage is “irretrievably broken,” with no reasonable prospect of reconciliation. A fault-based divorce can be pursued in cases of adultery, imprisonment, or substance abuse.

4. Arkansas

In Arkansas, couples can seek a no-fault divorce if they have been living separately and apart for 18 months. However, if both parties agree, this period can be reduced to six months. Fault-based grounds include adultery, cruelty, or conviction of a felony.

5. California

California is a no-fault divorce state, meaning a couple can end their marriage without specifying a reason. The only requirement is that one party must have been a resident of the state for at least six months prior to filing for divorce.

6. Colorado

Colorado also allows for no-fault divorces, with the condition that the marriage is “irretrievably broken.” No separation period is required, but the court may order a 90-day waiting period before finalizing the divorce.

7. Connecticut

In Connecticut, couples can file for a no-fault divorce if they have been living separately for 18 months. Fault-based grounds include adultery, fraud, and abandonment. Connecticut also has a residency requirement of at least one year.

8. Delaware

Delaware permits no-fault divorce with a six-month separation period. Alternatively, if both parties mutually agree to the divorce, they can proceed without a waiting period. Delaware has no fault-based grounds for divorce.

9. Florida

Florida is a no-fault divorce state, requiring only that the marriage is “irretrievably broken.” There is a mandatory 20-day waiting period between filing and the final judgment, and at least one spouse must be a resident of the state.

10. Georgia

In Georgia, couples can file for a no-fault divorce if the marriage is irretrievably broken, and there is no requirement for a period of separation. However, Georgia also recognizes fault-based grounds, including adultery, desertion, and cruelty.

11. Hawaii

Hawaii permits no-fault divorces when the marriage is “irretrievably broken,” with no required separation period. The state also recognizes fault-based grounds such as adultery, cruelty, and abandonment.

12. Idaho

Idaho is a no-fault divorce state, with a required six-week waiting period after filing for divorce. At least one spouse must have been a resident of the state for at least six weeks before filing.

13. Illinois

Illinois offers no-fault divorces based on the irretrievable breakdown of the marriage. A six-month separation period is required if the couple does not agree to the divorce. Fault-based grounds include adultery, desertion, and cruelty.

14. Indiana

Indiana allows for both no-fault and fault-based divorces. A no-fault divorce can be pursued if the couple has been living separately for at least 180 days. Fault-based grounds include impotence, bigamy, and conviction of a felony.

15. Iowa

Iowa offers no-fault divorces based on the irretrievable breakdown of the marriage. There is a 90-day waiting period after filing. The state also recognizes fault-based grounds like adultery, desertion, and cruelty.

16. Kansas

In Kansas, couples can file for a no-fault divorce if they have been living separately for at least 60 days. The state also recognizes fault-based grounds, including adultery, abandonment, and cruelty.

17. Kentucky

Kentucky permits both no-fault and fault-based divorces. No-fault divorces can be pursued if the couple has been living separately for 60 days. Fault-based grounds include adultery, abandonment, and cruelty.

18. Louisiana

Louisiana recognizes both no-fault and fault-based divorces. No-fault divorces can be sought if the couple has been living separately for 180 days. Fault-based grounds include adultery, imprisonment, and cruelty.

19. Maine

In Maine, couples can file for a no-fault divorce if the marriage is “irretrievably broken,” with a required 60-day waiting period. The state also recognizes fault-based grounds like adultery, desertion, and cruelty.

20. Maryland

Maryland permits no-fault divorces for couples who have been living separately for one year. However, the separation period is reduced to six months if both parties mutually agree to the divorce. Fault-based grounds include adultery, desertion, and cruelty.

21. Massachusetts

Massachusetts is a no-fault divorce state, with a required six-month separation period. Additionally, at least one spouse must be a resident of the state. Massachusetts does not recognize fault-based grounds for divorce.

22. Michigan

Michigan allows for both no-fault and fault-based divorces. A no-fault divorce can be pursued if the marriage is “irretrievably broken,” with no required separation period. Fault-based grounds include adultery, desertion, and cruelty.

23. Minnesota

Minnesota is a no-fault divorce state, with a required 180-day separation period if only one spouse seeks the divorce. If both parties agree, the separation period is reduced to 30 days.

24. Mississippi

Mississippi recognizes both no-fault and fault-based divorces. A no-fault divorce can be pursued if the couple has been living separately for at least 180 days. Fault-based grounds include adultery, desertion, and cruelty.

25. Missouri

In Missouri, couples can file for a no-fault divorce if they have been living separately for at least 90 days. The state also recognizes fault-based grounds, including adultery, abandonment, and cruelty.

26. Montana

Montana allows for no-fault divorces when the marriage is “irretrievably broken,” with no required separation period. The state does not recognize fault-based grounds for divorce.

27. Nebraska

Nebraska is a no-fault divorce state, with a required one-year separation period. At least one spouse must be a resident of the state for at least one year.

28. Nevada

Nevada is known for its relatively lenient divorce laws. The state permits no-fault divorces based on living separately for one year, but it also allows for fault-based grounds, including adultery, impotence, and insanity.

29. New Hampshire

New Hampshire allows for no-fault divorces if the couple has been living separately for at least two years. Fault-based grounds include adultery, cruelty, and abandonment.

30. New Jersey

In New Jersey, couples can file for a no-fault divorce if they have been living separately for at least 18 consecutive months. The state also recognizes fault-based grounds such as adultery, desertion, and imprisonment.

31. New Mexico

New Mexico permits both no-fault and fault-based divorces. A no-fault divorce can be pursued if the couple has been living separately for at least 180 days. Fault-based grounds include adultery, abandonment, and cruelty.

32. New York

New York has both no-fault and fault-based divorce options. A no-fault divorce can be pursued if the marriage is “irretrievably broken,” with no required separation period. Fault-based grounds include adultery, abandonment, and cruelty.

33. North Carolina

North Carolina allows for both no-fault and fault-based divorces. A no-fault divorce can be sought if the couple has been living separately for at least one year. Fault-based grounds include adultery, abandonment, and cruelty.

34. North Dakota

North Dakota is a no-fault divorce state, with a required six-month separation period. At least one spouse must be a resident of the state for at least six months.

35. Ohio

In Ohio, couples can file for a no-fault divorce if they have been living separately for at least one year. Fault-based grounds include adultery, extreme cruelty, and abandonment.

36. Oklahoma

Oklahoma recognizes both no-fault and fault-based divorces. A no-fault divorce can be pursued if the couple has been living separately for at least six months. Fault-based grounds include adultery, abandonment, and cruelty.

37. Oregon

Oregon permits no-fault divorces, with a required three-month separation period. Additionally, at least one spouse must be a resident of the state for at least six months.

38. Pennsylvania

Pennsylvania allows for no-fault divorces based on the irretrievable breakdown of the marriage, with a required 90-day separation period. The state also recognizes fault-based grounds, including adultery, desertion, and cruelty.

39. Rhode Island

In Rhode Island, couples can file for a no-fault divorce if they have been living separately for at least three years. The state also recognizes fault-based grounds such as adultery, desertion, and cruelty.

40. South Carolina

South Carolina is unique in that it requires a one-year separation period before filing for a no-fault divorce. The state also recognizes fault-based grounds including adultery, desertion, and cruelty.

41. South Dakota

South Dakota is a no-fault divorce state, with a required six-month separation period. At least one spouse must be a resident of the state for at least 90 days.

42. Tennessee

Tennessee allows for both no-fault and fault-based divorces. A no-fault divorce can be pursued if the couple has been living separately for at least two years. Fault-based grounds include adultery, abandonment, and cruelty.

43. Texas

Texas is a no-fault divorce state, with a required 60-day waiting period after filing. At least one spouse must be a resident of the state for at least six months.

44. Utah

In Utah, couples can file for a no-fault divorce if the marriage is “irretrievably broken.” A 90-day waiting period is required. Utah also recognizes fault-based grounds, including adultery, abandonment, and cruelty.

45. Vermont

Vermont permits no-fault divorces, with a required six-month separation period. Additionally, at least one spouse must be a resident of the state for at least six months.

46. Virginia

Virginia allows for both no-fault and fault-based divorces. A no-fault divorce can be pursued if the couple has been living separately for at least one year. Fault-based grounds include adultery, abandonment, and cruelty.

47. Washington

Washington is a no-fault divorce state, with a required 90-day waiting period. At least one spouse must be a resident of the state.

48. West Virginia

In West Virginia, couples can file for a no-fault divorce if they have been living separately for at least one year. The state also recognizes fault-based grounds, including adultery, abandonment, and cruelty.

49. Wisconsin

Wisconsin permits no-fault divorces, with a required 120-day waiting period. Additionally, at least one spouse must be a resident of the state for at least six months.

50. Wyoming

Wyoming is a no-fault divorce state, with a required 60-day waiting period. At least one spouse must be a resident of the state.

Conclusion

Divorce is a deeply personal and emotional process, and understanding the legal requirements specific to your state is crucial to successfully navigate it. The United States has a wide range of divorce laws, from no-fault options to those that require a period of separation and even fault-based grounds. While this guide provides an overview of the legal requirements in each state, it’s important to consult with a qualified attorney who can provide you with advice tailored to your individual circumstances.

Keep in mind that this information is based on my knowledge as of January 2022, and divorce laws can change over time. Always consult with a legal professional to get the most up-to-date information on the legal requirements for divorce in your state.