Residency requirements for filing divorce in each state

Last updated 2026-07-09

Why does residency matter before you can file for divorce?

A court can dissolve your marriage only if at least one of you has a real, established connection to that state. No connection, no authority. A judge dismisses your case and sends you back to the start.

The rule exists because marriage is a civil status, more than a private contract. States regulate it, and they want proof you're an actual resident, more than a tourist who drove to Nevada for a quick split. Every state legislature has set its own durational threshold by statute, and those thresholds swing wildly.

Meeting the residency requirement is separate from the grounds for divorce, separate from whether your divorce is contested or uncontested, and separate from any question about property or children. It's the gate. You clear it first or you don't file at all.

Here's the good news. For most people filing an uncontested divorce, the residency rule is simple. You've lived in one state, you've hit the minimum period, you file there. The trouble starts when spouses live in different states, when one spouse just moved, or when someone tries to use a short-residency state to speed things up.

What is the residency requirement in each state?

The table below lists the minimum residency period required before at least one spouse can file for divorce in each state, along with the statute citation. Where a state requires the filing spouse specifically to meet the requirement (rather than either spouse), that's noted.

State	Minimum residency	Statute
Alabama	6 months	Ala. Code § 30-2-5
Alaska	30 days	Alaska Stat. § 25.24.900
Arizona	90 days	Ariz. Rev. Stat. § 25-312
Arkansas	60 days	Ark. Code Ann. § 9-12-301
California	6 months in state + 3 months in county	Cal. Fam. Code § 2320
Colorado	91 days	Colo. Rev. Stat. § 14-10-106
Connecticut	12 months (waivable if divorce occurred in CT)	Conn. Gen. Stat. § 46b-44
Delaware	6 months	Del. Code Ann. tit. 13, § 1504
Florida	6 months	Fla. Stat. § 61.021
Georgia	6 months	Ga. Code Ann. § 19-5-2
Hawaii	3 months	Haw. Rev. Stat. § 580-1
Idaho	6 weeks	Idaho Code § 32-701
Illinois	90 days	750 ILCS 5/401
Indiana	6 months in state, 3 months in county	Ind. Code § 31-15-2-6
Iowa	1 year	Iowa Code § 598.5
Kansas	60 days	Kan. Stat. Ann. § 23-2703
Kentucky	180 days	Ky. Rev. Stat. Ann. § 403.140
Louisiana	6 months	La. Rev. Stat. § 9:301
Maine	6 months	Me. Rev. Stat. tit. 19-A, § 901
Maryland	1 year (if separated), 6 months otherwise	Md. Code Ann., Fam. Law § 7-101
Massachusetts	1 year (or marriage occurred in MA)	Mass. Gen. Laws ch. 208, § 5
Michigan	180 days in state, 10 days in county	Mich. Comp. Laws § 552.9
Minnesota	180 days	Minn. Stat. § 518.07
Mississippi	6 months	Miss. Code Ann. § 93-5-5
Missouri	90 days	Mo. Rev. Stat. § 452.305
Montana	90 days	Mont. Code Ann. § 40-4-104
Nebraska	1 year	Neb. Rev. Stat. § 42-349
Nevada	6 weeks	Nev. Rev. Stat. § 125.020
New Hampshire	1 year	N.H. Rev. Stat. Ann. § 458:5
New Jersey	1 year	N.J. Stat. Ann. § 2A:34-10
New Mexico	6 months	N.M. Stat. Ann. § 40-4-5
New York	2 years (or marriage took place in NY and one still lives there)	N.Y. Dom. Rel. Law § 230
North Carolina	6 months	N.C. Gen. Stat. § 50-8
North Dakota	6 months	N.D. Cent. Code § 14-05-17
Ohio	6 months	Ohio Rev. Code Ann. § 3105.03
Oklahoma	6 months	Okla. Stat. tit. 43, § 102
Oregon	6 months	Or. Rev. Stat. § 107.075
Pennsylvania	6 months	23 Pa. Cons. Stat. § 3104
Rhode Island	1 year	R.I. Gen. Laws § 15-5-12
South Carolina	3 months (if both reside in state); 1 year (if only one does)	S.C. Code Ann. § 20-3-30
South Dakota	No set minimum (domicile required)	S.D. Codified Laws § 25-4-30
Tennessee	6 months	Tenn. Code Ann. § 36-4-104
Texas	6 months in state, 90 days in county	Tex. Fam. Code § 6.301
Utah	3 months	Utah Code Ann. § 30-3-1
Vermont	6 months	Vt. Stat. Ann. tit. 15, § 592
Virginia	6 months	Va. Code Ann. § 20-97
Washington	No set minimum (domicile required)	Wash. Rev. Code § 26.09.030
West Virginia	1 year	W. Va. Code § 48-5-105
Wisconsin	6 months	Wis. Stat. § 767.301
Wyoming	60 days	Wyo. Stat. Ann. § 20-2-107

A few states also require a minimum period of separation before you can even ask for a divorce. North Carolina requires one year of separation. Maryland (for an absolute divorce on the ground of separation) also requires a 12-month separation period. That's separate from the residency requirement, though both clocks often run at the same time. ^[1][2]

Which states have the shortest residency requirements?

Alaska and Nevada let you file after just six weeks (42 days). Idaho uses the same six-week threshold. Those three are the fastest in the country.

Nevada's short rule made it the go-to divorce destination for decades. That reputation has faded because no-fault divorce is now available in every state, so nobody needs to jurisdiction-shop to escape a fault-based system. Still, six weeks is six weeks. Move to Reno, wait it out, and you can be legally divorced faster than almost anywhere else.

Hawaii (3 months), Missouri (90 days), Arizona (90 days), Illinois (90 days), Montana (90 days), Colorado (91 days), Kansas (60 days), Arkansas (60 days), and Wyoming (60 days) sit on the shorter end too. Utah asks for only 3 months.

South Dakota and Washington set no fixed durational minimum, just a domicile requirement, meaning you must intend to make the state your permanent home. Courts there look at intent, not a fixed clock. A short stay with a genuine change-of-domicile intent can satisfy the rule, but intent is fuzzier to prove than six months of bills and a lease. ^[3][4]

Which states have the longest residency requirements?

South Carolina is the most demanding when only one spouse lives there: a full year of residency before filing. If both spouses live in South Carolina, that drops to three months. ^[13]

New York has a layered rule. The default path requires two years of continuous residency if the only connection to New York is that one spouse lives there. But New York also allows shorter periods (as little as one year, or even none) if the marriage took place in New York, if the grounds for divorce arose in New York, or if both parties are residents when the case is filed. The two-year threshold hits the most common scenario: one spouse moved to New York after the marriage, the other lives elsewhere, and the cause of action didn't arise there. ^[5]

Iowa, Nebraska, New Hampshire, New Jersey, Rhode Island, and West Virginia all require one year. Massachusetts requires one year unless the marriage took place in Massachusetts and at least one spouse still lives there.

Stuck in a long-requirement state with a marriage that ended recently? You have three real options: wait out the clock, check whether you qualify for one of that state's shorter-path exceptions, or ask a divorce attorney whether your facts fit an exception.

What counts as proof of residency for a divorce filing?

Courts want proof you actually lived in the state, more than a mailing address there. The standard evidence includes:

A valid state driver's license or state ID showing your address. Voter registration records. A lease or mortgage statement in your name. Utility bills (electric, gas, water) showing your name and address. Pay stubs from an in-state employer. Bank statements with an in-state address. Tax returns filed as a state resident.

No single document is required everywhere. Most courts accept two or three of these together. What matters is that they show continuous presence across the required period, more than presence on the day you file.

On the petition itself, you usually just swear under penalty of perjury that you've met the residency requirement. Many courts print a checkbox or a line for it. If your spouse challenges your residency, then you produce the actual documents. In an uncontested divorce where both parties agree, nobody is challenging anything, so the sworn statement in the petition is ordinarily enough.

Some states stack a county-level residency period on top of the state period. California requires 6 months in the state and 3 months in the county where you file ^[6]. Texas requires 6 months statewide and 90 days in the county. Indiana requires 6 months in Indiana and 3 months in the county. Check both thresholds before you file.

What happens if you file for divorce before meeting the residency requirement?

The case gets dismissed. Not paused, not held in abeyance. Dismissed. You lose your filing fee and start over once you qualify.

In some states, if you barely miss the mark (you file on day 89 of a 90-day requirement), the clerk catches it and refuses the filing. In others, it slips through and gets dismissed at a later hearing, which costs you more time and possibly attorney fees if you hired someone.

The one situation where courts sometimes let an early filing stand is when residency is satisfied between the filing date and the hearing date and the state's statute allows relation-back. A handful of states permit this. It isn't the norm, and you shouldn't count on it. File when you qualify.

One practical note. If you're close and the situation is calm, wait the extra days. A dismissed case (re-filing fee, lost time, possible re-service costs) costs far more than patience.

What if you and your spouse live in different states?

This is the most common source of confusion. You moved to Texas six months ago. Your spouse is still in Ohio. Where do you file?

You can generally file in any state where either spouse meets the residency requirement. If you've hit Texas's threshold (6 months statewide, 90 days in the county), file there. If your spouse has lived in Ohio for years, they could file there. Both states would have jurisdiction to grant the divorce.

Which state gets the case matters more when there are children or contested property, because jurisdiction over custody and assets runs on different rules than jurisdiction over marital status itself. For a straightforward uncontested divorce with no minor children and no major contested property, the state where one spouse meets the residency requirement is usually fine.

If your spouse is in a long-residency state and you're in a short-residency state and you want speed, file where you live once you qualify there. Your spouse's location elsewhere doesn't stop you. They'll be served in their state and can participate remotely or by mail in an uncontested case.

The one exception: if custody of minor children is at issue, the Uniform Child Custody Jurisdiction and Enforcement Act (UCCJEA), adopted in some form by all 50 states and D.C., controls which state has jurisdiction over custody. That's usually the child's "home state," defined as where the child lived for the six months before the proceeding began. You might get the divorce in State A while custody is decided in State B. That's worth talking through with a divorce lawyer before you file. ^[7]

Can you establish residency quickly to get a faster divorce?

Technically yes, but it takes a real move, more than renting a P.O. box. Courts look at domicile, which is physical presence plus intent to remain. You can't establish residency in Nevada for divorce purposes by visiting family for six weeks. You have to actually move there, change your driver's license, change your address, and intend to stay, at least for now.

Some people do legitimately move to a shorter-residency state, meet the requirement, and file. If the move is real, nothing about it is improper. But if you're keeping your actual home in a high-residency state and just holding a rental somewhere else so you can file, a contesting spouse can challenge the residency, and courts do investigate.

Weigh the practical cost too. Nevada's six weeks sounds appealing, but you'd be living there for six weeks, paying rent, and probably dealing with travel. For most people, waiting out the home state's requirement is simpler and cheaper.

For what divorce costs, including filing fees and optional professional help, see our overview of divorce papers.

Do military members have different residency rules?

Yes, and it's one of the most common exceptions to the standard rules. Active-duty members often file in one of three places: the state where they're stationed, the state they claim as legal residence (home of record), or the state where their spouse lives.

Federal law doesn't set a single rule. Instead, most states have written special provisions for military members that let them file even without the normal physical presence, as long as they claim the state as their domicile.

Under California Family Code § 2320, for example, a servicemember can file in California if California is their domicile even while stationed elsewhere. Similar provisions exist in many states. The Servicemembers Civil Relief Act (SCRA) adds protections too, mainly around a court's ability to delay proceedings when military duty keeps a spouse from appearing. ^[8]

On active duty, or married to someone who is? Check the specific statute for your state of legal residence and the state where you're stationed. Your installation's legal assistance office, free on most bases, can walk you through the options.

Does the county matter, or just the state?

Both matter. You file in a specific county courthouse, not a state agency. Some states only ask that you meet the statewide period and then file in any county. Others require a separate, shorter period in the specific county.

The multi-tier states include California (6 months state, 3 months county), Texas (6 months state, 90 days county), Indiana (6 months state, 3 months county), Michigan (180 days state, 10 days county), and a few others.

Move within the same state recently (say, Dallas County to Travis County in Texas) and you might meet the state requirement but not yet the county one. Wait until you hit the county threshold, then file in your current county court.

You can look up your county's family court and filing instructions through your state's court self-help center. Most states keep these online; see citations ^[9] and ^[10] for California and Texas.

What if you were married in a different state than where you now live?

Where you got married is generally irrelevant to where you file for divorce. Divorce jurisdiction rests on where you live now, not where the ceremony happened. The place of marriage matters only in states like New York and Massachusetts, which use it as one of the alternative bases for jurisdiction (letting you meet the residency requirement more easily if the marriage happened there).

Married in Hawaii, now living in Ohio? You file in Ohio once you've been there six months. The Ohio court issues a valid decree, and every state recognizes it under the Full Faith and Credit Clause of the U.S. Constitution.

One practical exception: same-sex couples who married in a state that recognized their marriage before their home state did sometimes ran into complications. Those issues became largely moot after Obergefell v. Hodges in 2015, which required all states to recognize same-sex marriages and the divorces of same-sex couples. ^[11]

How do residency requirements interact with the waiting period to finalize a divorce?

These are two separate clocks, and mixing them up causes real delays.

The residency requirement is the time you must have lived in the state before you can file at all. The waiting period (sometimes called a cooling-off period) is the minimum time between filing and when the court can enter the final decree. Some states have both. Some have one. Some have neither.

California requires 6 months of residency to file, then another 6 months after service of process before the divorce can be finalized. That's a potential 12 months from becoming eligible to file to holding your decree if you're just starting out. ^[6]

Florida requires 6 months of residency to file and has no mandatory waiting period after that (though the real timeline depends on court scheduling). Nevada has a 6-week residency requirement and no waiting period, which is why it can produce one of the fastest divorces in the country for people who move there.

When you plan your timeline, add both numbers together. Residency requirement plus waiting period equals the earliest possible date you could hold a final decree, assuming everything goes smoothly.

For a straightforward uncontested divorce, DivorceClear's $149 document packet includes state-specific forms and filing instructions that flag both the residency threshold and the mandatory waiting period for your state, so neither one catches you off guard.

How do you find the official residency rule for your specific state?

The most reliable source is always your state's own court self-help website or the text of the statute. Every state has a self-help center, online or in the courthouse. Most state court websites carry a family law section that spells out residency requirements in plain language.

A few reliable starting points:

The National Center for State Courts keeps a directory of state court websites at ncsc.org. Your state's legislative website has the actual statute text; California's Family Code, for instance, is searchable at leginfo.legislature.ca.gov. Your county family court clerk's office helps too. They can't give legal advice, but they can confirm which forms to use and which residency period applies.

Be careful with third-party legal information sites. Many are accurate, but some are outdated or oversimplified. Statutes get amended. If you find conflicting information, check the statute directly or call your clerk's office.

The divorce rate in America has shifted a lot over time, which has pushed some states to update their divorce statutes in the last decade, including residency and waiting periods. Always verify against the current statute. ^[12]

This article is general information, not legal advice. If your situation involves contested issues, minor children, or significant assets, consult a licensed attorney in your state.

Frequently asked questions

Can I file for divorce in any state I want if I meet the residency requirement?

Yes. As long as you genuinely meet that state's residency requirement, you have the right to file there. If both you and your spouse meet the requirements in different states, either of you could file in your respective state. For uncontested divorces with no children and no complex property, the practical differences between states are usually small.

What is the shortest residency requirement for divorce in the United States?

Alaska and Nevada both require just six weeks (42 days) of residency, the shortest fixed periods in the country. Idaho also uses a six-week threshold. South Dakota and Washington have no fixed durational minimum, requiring only that you be domiciled there, but proving domicile without a time period can be harder in practice.

Does my spouse have to live in the same state for me to file for divorce there?

No. Only one spouse needs to meet the residency requirement. You file in your state (or your spouse's state if they qualify). Your spouse gets served with the divorce papers and can respond from wherever they live. In an uncontested divorce, they typically just sign a waiver or acceptance of service and the case proceeds without them appearing in court.

If I just moved to a new state, how long do I have to wait before I can file for divorce?

It depends on the state. Nevada and Alaska say 6 weeks. Most states require 3 to 6 months. Iowa, Nebraska, New York (in many situations), and several others require a full year or more. Check the statute for your new state. And remember, some states also require a separate period in the specific county where you file.

Can I file for divorce in my home state if I've been living abroad?

Generally yes, if you kept your domicile in that state (you intend to return and still claim it as home). Military members, diplomats, and others living abroad temporarily often keep domicile in their home state. But if you've been gone for years with no clear intent to return, you may have abandoned domicile and need to re-establish it. Check with your state's court self-help center.

What documents prove residency when filing for divorce?

Common documents include a state driver's license, voter registration, lease or mortgage statement, utility bills, pay stubs from an in-state employer, and tax returns filed as a state resident. You typically only need to swear under oath in the petition that you meet the requirement. Courts look for evidence of continuous presence during the required period, more than presence on the day you file.

Is there a difference between residency and domicile in divorce law?

Yes. Residency is physical presence. Domicile is physical presence plus intent to make a place your permanent home. Most divorce statutes use domicile, more than temporary residency. A snowbird who lives in Florida for five months a year but claims Arizona as home is domiciled in Arizona. Courts look at where you're registered to vote, where your license is issued, and where you file taxes to decide domicile.

Does California's residency requirement apply to the petitioner or either spouse?

Either spouse can satisfy it, but at least one of them must have been a California resident for 6 months and a resident of the filing county for 3 months before the petition is filed. This is set by California Family Code § 2320. If your spouse has lived in California for 6 months but you just moved there, your spouse can be the petitioner.

What happens if I filed for divorce before meeting the residency requirement?

The case gets dismissed. You lose the filing fee and refile once you qualify. In some states, the clerk catches the error before filing and rejects the papers. In others, it slips through and gets dismissed at a hearing, which wastes more time. A dismissed case can also complicate things if you already served your spouse. Wait until you clearly meet the requirement.

Do same-sex couples face different residency requirements for divorce?

No. Since Obergefell v. Hodges (2015), all states must recognize same-sex marriages and grant divorces to same-sex couples on the same terms as opposite-sex couples. The same residency thresholds apply regardless of the sex of the spouses. Pre-2015 situations sometimes created complications, but those are largely resolved for new filings today.

Can a military member file for divorce without meeting the state residency period?

Often yes. Most states let active-duty servicemembers file based on their legal domicile (home of record) even without the standard physical presence there. Your installation's legal assistance office can confirm the rules for your state of record. The Servicemembers Civil Relief Act also provides procedural protections during active duty, including the ability to request a delay.

Is the residency requirement different for an uncontested versus contested divorce?

No. The same residency threshold applies to both. The difference is that in a contested divorce a spouse might challenge your residency claim, forcing you to produce actual documentation. In a smooth uncontested case, the sworn statement in your petition is almost never challenged, but you still have to meet the same legal threshold.

How does South Carolina's residency requirement work?

South Carolina uses a tiered rule under S.C. Code Ann. § 20-3-30. If both spouses live in South Carolina, the filing spouse needs only 3 months of residency. If only one spouse lives there, that spouse must have lived there for at least 1 year before filing. It's the longest residency requirement in the country in the single-spouse scenario.

Do I need a lawyer to file divorce if I meet the residency requirement?

Not legally. If your divorce is uncontested and you agree on property, debt, and (if applicable) child arrangements, you can file on your own using your state court's self-help forms or a document preparation service. Residency is a factual threshold you either meet or you don't. A lawyer adds real value when there's conflict, significant assets, or custody disputes.

Sources

1. North Carolina General Statutes § 50-6 via NCLEG.gov: North Carolina requires one year of separation before a divorce can be granted, in addition to the 6-month residency requirement under N.C. Gen. Stat. § 50-8.
2. Maryland Courts, Family Law Division self-help resources: Maryland requires 12 months of separation before an absolute divorce on separation grounds, separate from the state residency requirement.
3. Nevada Revised Statutes § 125.020 via Nevada Legislature: Nevada requires 6 weeks of residency before filing for divorce, one of the shortest requirements in the country.
4. Alaska Statutes § 25.24.900 via Alaska Legislature: Alaska requires 30 days of residency before filing for divorce; its courts have interpreted this broadly with reference to domicile intent.
5. New York Domestic Relations Law § 230 via New York State Legislature: New York Domestic Relations Law § 230 sets out multiple residency pathways, including a 2-year threshold when the only connection is that one spouse resides in New York.
6. California Family Code § 2320 via California Legislative Information: California requires 6 months of state residency and 3 months of county residency before a divorce petition can be filed, per Cal. Fam. Code § 2320.
7. Uniform Law Commission, Uniform Child Custody Jurisdiction and Enforcement Act: The UCCJEA, adopted in all 50 states and D.C., generally gives custody jurisdiction to the child's home state, defined as where the child lived for the 6 months before proceedings began.
8. Servicemembers Civil Relief Act, 50 U.S.C. §§ 3901-4043 via Congress.gov: The SCRA provides procedural protections for active-duty servicemembers in civil proceedings, including the ability to request a stay of divorce proceedings when military duty prevents participation.
9. California Courts Self-Help Center, Divorce/Separation: California's official court self-help center provides plain-language explanations of residency requirements and county filing rules for divorce.
10. Texas Courts Self-Help Resources, Office of Court Administration: Texas requires 6 months of state residency and 90 days of county residency before filing for divorce under Tex. Fam. Code § 6.301.
11. Obergefell v. Hodges, 576 U.S. 644 (2015) via Supreme Court of the United States: The Supreme Court's 2015 ruling in Obergefell v. Hodges requires all states to recognize same-sex marriages and grant divorces to same-sex couples on the same terms as opposite-sex couples.
12. National Center for State Courts, Court Statistics Project: The NCSC maintains current directories of state court websites and tracks changes to family law statutes across all 50 states.
13. South Carolina Code Ann. § 20-3-30 via South Carolina Legislature: South Carolina requires 3 months of residency when both spouses live in-state, or 1 year when only one spouse is a resident, making it one of the most demanding requirements in the country.