Divorce laws explained: what every state requires

Last updated 2026-07-09

What are the basic requirements to get a divorce in any U.S. state?

Two things stand between you and a divorce in every state: a residency threshold and legal grounds. Nearly all the state-to-state variation lives in those two rules.

Residency means at least one spouse has lived in the state long enough to give the court jurisdiction over the marriage. The minimums run from six weeks in Alaska and Nevada to twelve months in Massachusetts and New Jersey ^[1]. Most states land around six months. Some, including Florida, add a wrinkle: six months of residency to file, with the clock running from the date you made Florida your domicile ^[2].

Grounds means the legal reason the court will end the marriage. All 50 states offer no-fault divorce. No-fault means you don't prove anyone did anything wrong. You state that the marriage is "irretrievably broken" or that the spouses have "irreconcilable differences," depending on your state's statute. California Family Code Section 2310 lists "irreconcilable differences" as a ground with no further showing required ^[3]. Florida Statute 61.052 uses "irretrievably broken" and lets either spouse assert it without the other's agreement ^[2].

Fault grounds (adultery, cruelty, abandonment) still exist in many states. Almost nobody filing an uncontested divorce uses them. They slow the case down, demand evidence, and rarely change the result. Skip fault unless a lawyer tells you it matters for your specific situation.

How does no-fault divorce work, and does it affect property or alimony?

No-fault divorce is simple on paper. You file a petition, check the "irretrievably broken" box, serve your spouse (or have them sign a waiver), and the court enters a final judgment. No evidence of wrongdoing. No hearing about who cheated on whom.

The harder question is whether fault touches the money. In most states the answer is technically yes, practically almost never. About 33 states still let a judge weigh marital misconduct when dividing property or setting alimony ^[4]. That power is discretionary, not required, and in uncontested cases most judges simply sign off on the deal the spouses already made.

Pure no-fault states like California, Florida, and Wisconsin treat fault as irrelevant to property and support. A Florida judge cannot cut your alimony because you had an affair. Money gets decided on other factors: length of the marriage, each spouse's income and earning capacity, standard of living, and contributions to the household.

For an uncontested filing, the fault debate is mostly academic. You agree on everything, you write it into a marital settlement agreement, and the judge almost always approves it. The law's default rules only wake up when you can't agree and hand the decision to the court.

What does each state's property division law actually say?

This is where state law hits hardest. Two systems compete: community property and equitable distribution.

Community property states (9): Arizona, California, Idaho, Louisiana, Nevada, New Mexico, Texas, Washington, and Wisconsin treat almost everything acquired during the marriage as jointly owned fifty-fifty. At divorce, each spouse gets half. Judges have little room to move ^[5].

Equitable distribution states (41 plus D.C.): Everyone else divides marital property "equitably," which courts read as fairly rather than equally. A judge weighs each spouse's finances, the length of the marriage, contributions, and economic circumstances. In long marriages, many of these states land close to 50/50, but nothing guarantees it.

State type	States	Default split	Judge discretion
Community property	AZ, CA, ID, LA, NV, NM, TX, WA, WI	50/50 of marital assets	Low
Equitable distribution	All others (41 states + D.C.)	"Fair" share	High

Separate property (what you owned before the marriage, plus inheritances and gifts to you alone) stays out of the division in every state, as long as you didn't commingle it. Drop an inheritance into a joint account and you often convert it to marital property. If the amounts are large, have that conversation with a divorce attorney before you sign anything.

Florida is an equitable distribution state ^[6]. Florida Statute 61.075 creates a presumption that the split should be equal unless one spouse shows a reason for something else, like a career sacrifice made for the other.

What are the residency and waiting-period rules across states?

Residency and waiting periods are two different clocks, and people mix them up constantly.

Residency is the threshold before you can file at all. It runs from six weeks (Nevada, Alaska) to twelve months (Massachusetts, New Jersey, South Carolina, Washington D.C.) ^[1]. Most states sit at three to six months.

Waiting period is a mandatory delay between filing (or service) and the day a judge can grant the divorce. Some states have none. Others impose 30, 60, or 90 days no matter how fast you finish your paperwork.

State	Residency to file	Mandatory waiting period
California	6 months	6 months from service
Florida	6 months	None statutory (processing time applies)
Texas	6 months in state, 90 days in county	60 days after filing
New York	Varies by grounds; 1 year for most	None after filing
Nevada	6 weeks	None
Illinois	90 days	None
Georgia	6 months	30 days after service

Verify your state at its court self-help center before you file. The table above covers the states people search for most.

Florida has no statutory waiting period once you've met the six-month residency rule and filed correctly ^[2]. In practice, clerk processing and the judge's docket mean most Florida divorces run 30 to 90 days from filing to final judgment, even the uncontested ones.

How much does it cost to file for divorce by state?

Filing fees are set by each state's legislature or court system, and they change. The honest range, based on current fee schedules, runs from about $75 at the bottom (Wyoming, some Mississippi counties) to over $400 in California and parts of New York ^[7]. Most states charge $150 to $350 for the initial petition.

State	Approximate filing fee
California	$435 (fee waiver available for low income)
Florida	$408 (Hillsborough County; varies by county)
Texas	$250 to $320 depending on county
New York	$335
Illinois	$289 (Cook County)
Nevada	$299
Georgia	$200 to $220
Wyoming	$80 to $100

Those are the petitioner's filing fees only. If your spouse has to be formally served by a process server instead of signing a waiver, add $50 to $150. Certified copies of the final decree run $10 to $30 each, and you'll want at least two.

Every state offers a fee waiver for people who qualify by income. In Florida, you file Form 68 (Application for Determination of Civil Indigent Status) with the clerk ^[8]. California's fee waiver (Form FW-001) covers the full filing fee for households below roughly 125% of the federal poverty level ^[7].

Paperwork costs sit apart from filing fees. Prepare your own forms from scratch and it's free but slow. Document preparation services like DivorceClear's $149 packet build state-specific forms already filled in from your answers, which trims the clerk rejections that come from bad paperwork. You still pay the court's filing fee on top.

For what pushes total costs up or down, read our guide to divorce papers.

What are Florida's divorce laws specifically?

Florida earns its own section. It's one of the most searched states and it has a few quirks worth knowing.

Florida divorce law lives mainly in Chapter 61 of the Florida Statutes, the "Family Law" chapter ^[2]. The state calls it "dissolution of marriage," not divorce, but it's the same thing. There's no legal separation in Florida. You're married or you're not.

Residency: at least one spouse must have been a Florida resident for six months before filing. The statute requires proof by a Florida driver's license, a Florida voter registration card, or the testimony of a corroborating witness ^[2].

Grounds: Florida is a true no-fault state. The only grounds are that the marriage is irretrievably broken, or that one spouse has been mentally incapacitated for at least three years. You don't need your spouse to agree the marriage is broken. Florida Statute 61.052 puts it plainly: "No judgment of dissolution of marriage shall be granted unless one of the following facts appears...the marriage is irretrievably broken." ^[2]

Property: Florida uses equitable distribution with an equal-split presumption under Florida Statute 61.075. Marital assets include everything acquired during the marriage with marital funds, no matter whose name is on it. Non-marital assets include what each spouse brought in and anything received by gift or inheritance directed to one spouse alone.

Alimony: Florida overhauled its alimony law in 2023 with Senate Bill 1416. Permanent alimony is gone. The 2023 law set up four types (bridge-the-gap, rehabilitative, durational, and temporary), each tied to how long the marriage lasted ^[9]. Durational alimony now caps at 50% of the marriage length for marriages under 20 years.

Simplified dissolution: Florida offers a simplified procedure for couples with no minor children, no serious property disputes, and full agreement on everything. Both spouses appear together at the clerk's office and waive the right to a trial. It's faster and a bit cheaper. The self-help forms are free from the Florida Courts website ^[8].

Florida filing fees vary by county. As of 2024, Hillsborough County charges $408 for a petition with no minor children, and slightly more with children ^[8].

How do divorce laws handle child custody and support?

Custody law is technically separate from divorce law, but the same proceeding handles both. Every state applies the "best interests of the child" standard, a phrase that appears in some form in all 50 family codes.

There are two kinds of custody. Legal custody is decision-making power over education, healthcare, and religion. Physical custody is where the child mainly lives. Either can be sole (one parent) or joint (shared). Joint legal custody with one primary residential parent is the usual result in uncontested divorces with agreed parenting plans.

Child support runs on a formula in all 50 states. None leaves it to pure discretion. Most use an income shares model that combines both parents' incomes and splits support proportionally. A few, including Texas, use a percentage-of-income model that looks only at the paying parent's income ^[10].

Florida uses an income shares model under Florida Statute 61.30. The formula starts with both parents' combined net income, pulls a base obligation from a statutory table, then assigns each parent's share by their percentage of total income. Health insurance, child care, and other costs layer on top. The free Florida Child Support Guidelines Worksheet is available from the Florida Courts self-help site ^[8].

One thing courts won't let you skip. If you have minor children, most states require a parenting plan or custody agreement in the divorce paperwork. You can't just say "we'll figure it out." The plan has to spell out timesharing schedules, holiday rotations, and decision-making authority. Florida requires it under Florida Statute 61.13 ^[2].

What divorce forms do you actually need to file?

Forms vary by state, but uncontested divorces without children need the same categories of document almost everywhere.

First, the petition. This opens the case and tells the court who you are, that you meet residency, and what you're asking for. In Florida it's the "Petition for Simplified Dissolution of Marriage" (Form 12.901(a)) for the simplified process, or the standard dissolution petition otherwise ^[8].

Second, the marital settlement agreement. This is your contract with your spouse covering property, debt, alimony, and (if it applies) child custody and support. Courts don't write it for you. You write it, both sign it, the judge approves it. This is where most DIY divorces fall apart.

Third, the financial disclosure. Most states make both spouses exchange financial affidavits showing income, expenses, assets, and debts. Florida requires Form 12.902(b) when assets and liabilities are under $50,000, and Form 12.902(c) above that threshold ^[8].

Fourth, the final judgment. In many states the petitioner (or their attorney) drafts the proposed final judgment and the judge signs it. Florida provides a standard form.

For what each document should say and how to fill it out, the divorce papers guide walks through every page.

State court self-help centers publish all official forms for free. Florida's are at flcourts.gov. California's are at courts.ca.gov. Texas's are at texaslawhelp.org. Use the official versions. Some third-party form sets lag behind statutory changes.

Can you get a divorce without a lawyer, and when is that a bad idea?

Yes, you can represent yourself (called "pro se" or "self-represented"). Millions do it every year. For a genuinely uncontested divorce with no minor children and simple assets, self-representation works fine.

Here's where it gets risky.

Complicated property. Retirement accounts, pensions, and 401(k)s need a separate court order called a Qualified Domestic Relations Order (QDRO) to divide without triggering taxes and penalties. Botch the QDRO and it costs real money.

Business ownership. Valuing and splitting a closely held business is almost never simple.

Significant debt. Who owes what after divorce is a matter of your agreement, but creditors aren't bound by it. If your ex stops paying a joint card that your agreement assigned to them, your credit still takes the hit. A good attorney can sometimes restructure that.

Children with special needs, or high-conflict co-parenting. A parenting plan that works for amicable parents collapses fast when the parents are at war.

If none of that describes you, self-help court forms or a document service are reasonable choices. If you're unsure, a one-hour consultation with a divorce lawyer costs $150 to $400 and tells you clearly whether your situation needs more help.

The divorce rate in America has held around 40 to 50% of first marriages for decades, so courts have processed huge volumes of pro se filings. Most states have built real infrastructure for self-represented filers now, including step-by-step checklists and form packets.

How long does a divorce take from filing to final judgment?

Law sets the minimum. Your court's docket sets the reality.

In states with mandatory waiting periods, you can't finish faster than the wait allows. California's six months is the longest in the country. Texas has a 60-day floor. Even states with no waiting period usually take 30 to 90 days because clerks review paperwork, judges review agreements, and dates get scheduled.

State	Legal minimum	Realistic uncontested timeline
California	6 months	6 to 8 months
Florida	None	4 to 8 weeks (simple cases)
Texas	60 days	60 to 90 days
New York	None	3 to 6 months
Nevada	None	1 to 3 months
Illinois	None	2 to 4 months

Florida can move faster than almost any other state on simple uncontested cases, part of why it's popular with people who want a clean, quick process. With no statutory waiting period, a judge can sign the final judgment the same day it hits the desk, provided your paperwork is complete.

Paperwork errors are the single biggest cause of delay in pro se divorces ^[13]. The clerk rejects the filing, mails it back, you refile. Each round adds two to six weeks. Getting your forms right the first time matters more than nearly anything else you control.

What happens to debt in a divorce?

Debt division tracks asset division, with one extra headache: your creditors don't care what your divorce agreement says.

In community property states, debts run up during the marriage are generally community debts, owed equally. In equitable distribution states, courts (or your agreement) split debts by factors like who benefited and each spouse's ability to pay.

The practical trap: a court order assigning a debt to your spouse doesn't remove your name from the creditor's records. If the debt is joint, both names stay on it. Your settlement agreement should require any debt assigned to one spouse to be refinanced out of the other's name within a set time, or paid off before the divorce is final. If refinancing isn't possible, add indemnification language so you can sue your ex if they default and wreck your credit.

Student loans are usually separate (pre-marital) debt, unless taken on during the marriage in a community property state. Credit card debt is usually marital if the card was opened during the marriage, even if only one spouse used it.

The IRS runs its own rules on joint tax liability that outlive the divorce. If you filed joint returns with errors or underpayments, both spouses stay jointly and severally liable unless you qualify for innocent spouse relief under IRC Section 6015 ^[11].

What should you do after your divorce is finalized?

The final judgment isn't the last step. A handful of post-divorce tasks get skipped and then regretted.

Name change: reclaiming a former name usually needs only the divorce decree as documentation. Update your Social Security card first, then your driver's license, then everything else. The SSA handles name changes at ssa.gov ^[12].

Beneficiary designations: your divorce does not automatically strip your ex off your life insurance, IRAs, or 401(k). Some states revoke ex-spouse beneficiary designations automatically at divorce, but federal law (ERISA) governs employer retirement plans and can override state law. Update every designation by hand, right away.

Estate documents: your will, powers of attorney, and healthcare directives probably named your spouse. Redo all of them.

Deed and title transfers: if the settlement gives you the house, record a new deed. If a car changes hands, update the title at your DMV. None of this happens on its own.

QDRO: if you divided retirement accounts, the QDRO has to reach the plan administrator and get accepted before the split takes effect. That can take months. Don't let it sit.

Credit monitoring: pull your credit reports at annualcreditreport.com within 60 days of the divorce to confirm every joint account is handled as agreed.

Frequently asked questions

What is the difference between no-fault and fault divorce?

No-fault divorce lets either spouse end the marriage by stating it's irretrievably broken, with no need to prove wrongdoing. All 50 states offer it. Fault divorce requires proving specific conduct like adultery, cruelty, or abandonment, and is still available in most states. In uncontested divorces, fault grounds are almost never used because they complicate the process without meaningfully changing the outcome.

How long do you have to be separated before you can file for divorce?

It depends entirely on the state. Most states have no separation requirement at all; you can file the day you decide to divorce. A few require living apart: North Carolina requires one year, Maryland requires 12 months for no-fault, and Virginia requires one year for couples with minor children. Florida has no separation requirement; you just need to meet the six-month residency rule.

Does it matter which spouse files for divorce first?

For an uncontested divorce, no. The spouse who files is the petitioner and the other is the respondent, but those labels carry no legal advantage in an uncontested case. Both end up with the same final judgment. Filing first only matters in a contested case where you want to choose the venue, or in rare situations where the filing date affects asset valuation.

Can I file for divorce in Florida if I was married in another state?

Yes. The state where you file doesn't have to be where you married. You just need to meet Florida's six-month residency requirement. Florida courts have jurisdiction over your divorce as long as at least one spouse lives there. This holds in every state; divorce jurisdiction is based on where you live now, not where you married.

What is a marital settlement agreement and do I need one?

A marital settlement agreement (MSA) is the written contract both spouses sign covering all terms of the divorce: property division, debt allocation, alimony, and if applicable, custody and child support. You need one in any uncontested divorce because it's what the judge approves to make your terms binding. Courts won't take your word for an agreement; it has to be in writing and signed.

How does divorce affect my taxes?

Several ways. Filing status changes the year the divorce is final; you're single or head of household, not married filing jointly. Alimony paid under agreements finalized after December 31, 2018 is no longer deductible for the payer or taxable to the recipient under the Tax Cuts and Jobs Act. Asset transfers between spouses in a divorce are generally not taxable events, but selling those assets later triggers capital gains based on the original cost basis.

What happens if my spouse refuses to sign the divorce papers?

You can still get divorced. A spouse's refusal to sign doesn't block the process. You serve them formally through a process server or sheriff, they have a set number of days to respond, and if they don't, you can request a default judgment. If they contest, the case becomes litigated rather than uncontested, which raises time and cost sharply and usually calls for an attorney.

Can divorce laws change if we move to a different state after filing?

The court where you file keeps jurisdiction over the case even if you move. File in Florida and then move to Georgia before it's final, and Florida still handles it. Post-divorce modifications, like changing child support or custody, may eventually move to the state where the child lives, under the Uniform Child Custody Jurisdiction and Enforcement Act, which all 50 states have adopted.

How does Florida handle alimony after the 2023 law change?

Florida's 2023 reform (Senate Bill 1416, signed June 2023) eliminated permanent alimony for divorces filed after July 1, 2023. It created four types: bridge-the-gap (max 2 years), rehabilitative (with a plan), durational (capped at 50% of marriage length for marriages under 20 years), and temporary. The paying spouse's retirement is now a legitimate basis to modify or end support, which wasn't clearly established before.

Are online divorce services legal?

Yes. Online document preparation services are legal in all states. They prepare the forms; you file them yourself with the court. They're not law firms and can't give legal advice, but they're legitimate for generating accurate paperwork. The court doesn't care how you prepared your documents, only that they're correct. For a truly uncontested divorce with straightforward finances, a document service is a reasonable, much cheaper alternative to hiring attorneys.

What is the cheapest way to get a divorce?

The cheapest path is an uncontested divorce where both spouses agree on everything, you use state court self-help forms or an affordable document service, and you file yourself. Total out-of-pocket in that case is the court filing fee (roughly $75 to $435 depending on state) plus document prep costs if any. Florida's simplified dissolution procedure is among the most streamlined in the country for eligible couples.

Does a divorce automatically change my will?

In most states, divorce automatically revokes any gift or appointment to your ex-spouse in a will made before the divorce. But "most states" isn't all states, and federal law governs retirement accounts and life insurance beneficiaries separately. The safest move is to execute a new will and update all beneficiary designations as soon as your divorce is final, regardless of what state law says about automatic revocation.

What is a QDRO and when do I need one?

A Qualified Domestic Relations Order is a court order directing an employer's retirement plan to pay part of one spouse's benefit to the other. You need one any time you're dividing a 401(k), pension, 403(b), or similar employer plan. Without it, the plan administrator won't make the transfer. IRAs are divided differently, through a transfer incident to divorce, which needs no QDRO but does require specific documentation.

Sources

1. Cornell Law School Legal Information Institute, Divorce Residency Requirements Overview: State residency requirements before filing for divorce range from six weeks in Nevada and Alaska to twelve months in Massachusetts and New Jersey.
2. Florida Legislature, Florida Statutes Chapter 61 (Dissolution of Marriage): Florida requires six months of residency before filing, uses 'irretrievably broken' as the sole no-fault ground, and mandates equitable distribution and parenting plans under Chapter 61.
3. California Legislative Information, Family Code Section 2310: California Family Code Section 2310 lists irreconcilable differences as a ground for dissolution of marriage.
4. American Bar Association, Family Law Section: Approximately 33 states allow courts to consider marital misconduct when dividing property or setting alimony.
5. Cornell Law School Legal Information Institute, Community Property: Nine states follow community property rules: Arizona, California, Idaho, Louisiana, Nevada, New Mexico, Texas, Washington, and Wisconsin.
6. Florida Legislature, Florida Statutes Section 61.075 (Equitable Distribution): Florida Statute 61.075 establishes equitable distribution with a presumption of equal split unless a spouse demonstrates justification for a different division.
7. California Courts Self-Help Center, Filing Fees and Fee Waivers: California's divorce petition filing fee is approximately $435, with fee waivers available for low-income filers via Form FW-001.
8. Florida Courts, Family Law Self-Help Forms and Resources: Florida Courts provides free official family law forms including petitions, financial affidavits, and the Application for Determination of Civil Indigent Status (Form 68).
9. Florida Senate, Senate Bill 1416 (2023), Dissolution of Marriage Alimony Reform: Florida Senate Bill 1416, signed in 2023, eliminated permanent alimony and capped durational alimony at 50% of the marriage length for marriages under 20 years.
10. U.S. Department of Health and Human Services, Office of Child Support Services: All 50 states use a formula to calculate child support; most use an income shares model and a few, including Texas, use a percentage-of-income model.
11. Internal Revenue Service, Publication 971: Innocent Spouse Relief: Both spouses remain jointly and severally liable for joint tax return errors or underpayments unless innocent spouse relief is granted under IRC Section 6015.
12. Social Security Administration, Change of Name: After a divorce-related name change, the Social Security Administration requires updating your Social Security card before updating a driver's license or other documents.
13. National Center for State Courts: Paperwork errors are a leading cause of delay in pro se divorce filings, with re-filing rounds adding two to six weeks per error cycle.