Divorce Laws By State

Every state has specific laws governing divorce. Some state statutes call the divorce process "dissolution of marriage." Depending on where you live, you must follow statutory requirements and specific procedures to get divorced.

The legal requirements for divorce or dissolution typically include state residency requirements, waiting periods, grounds for divorce, and defenses to divorce. If you don't follow your local family court's rules and procedures, the court clerk will reject your divorce petition or complaint, and you'll need to start the process again.

Every state also offers alternatives to divorce. For example, you can get an annulment if you meet specific criteria. While annulment is like divorce in that it ends a marriage, it only applies to marriages that should never have taken place.

Visit FindLaw's extensive Divorce section, including Property Division FAQ and An Overview of No-Fault and Fault Divorce Law.

State Divorce Laws

The divorce process varies from state to state. If you meet the legal requirements for divorce, it's time to file your divorce papers. Take them to your county's family court. Familiarize yourself with your state's divorce laws before taking any legal action.

The chart below offers a breakdown of the various divorce laws by state.

Note: State laws are always subject to change through the passage of new legislation, rulings in the higher courts (including federal decisions), ballot initiatives, and other means. While we strive to provide the most current information available, please consult an attorney or conduct your own legal research to verify the state laws you are researching.

Divorce Eligibility Under State Law

Before filing your divorce papers, ensure you're eligible for divorce. Most states require that at least one of the parties to a divorce live in the state. The residency rule time is usually anywhere from three to six months.

For example, Missouri law requires that one party be a state resident for at least 90 days before filing for divorce. But, there is no waiting period. Connecticut, meanwhile, has a 12-month residency rule and a 90-day waiting period.

Many states also impose a mandatory waiting period for no-fault divorce. Most states have specific laws requiring family law judges to wait a particular period before finalizing a couple's divorce. Some laws ban divorcing couples from remarrying for a certain period after the divorce.

Types of Divorce

Regardless of where you live, there are two types of divorce: Contested and uncontested. In an uncontested divorce, you and your spouse or partner agree that divorce is the best option. You agree to the divorce terms and have signed a divorce settlement agreement.

You'll submit a copy of your marital settlement agreement to the court for the judge's approval. Once they approve your settlement, the judge will issue your final divorce decree. In states with a waiting period, the judge will schedule your final hearing once the waiting period is over.

In a contested divorce, the parties disagree about the terms of the divorce. Some of the more contentious issues include:

• Alimony/Spousal support
• Child custody of minor children
• Child support
• Marital property vs. Separate property
• Property division

Usually, once the judge confirms that the respondent (defendant) contests the divorce, they'll require the parties to attend mediation. At some point during the divorce proceedings, the judge or court clerk will schedule a trial.

Your divorce lawyer will try to negotiate a settlement with your spouse's attorney in the weeks and months leading up to trial. If this isn't possible, your case will go before the judge, who will decide the above issues for you.

Grounds for Divorce

You can get a no-fault divorce in any state. In a no-fault divorce case, all you have to do is certify that there has been an "irretrievable breakdown" of the marriage. In some states, you must certify that you and your spouse are experiencing "irreconcilable differences." Either way, you must confirm to the court that the marriage is over and there's no reconciliation chance.

In most states, you can also file a fault-based divorce. In these cases, the petitioner (plaintiff) must cite specific grounds for divorce. Stae laws vary on the available grounds for divorce.

The most common fault grounds for divorce include:

• Adultery
• Cruel and inhuman treatment
• Abandonment or willful desertion
• Alcohol or drug addiction
• Incurable insanity or mental illness
• Imprisonment of more than a year or two

If you file a fault-based divorce, you must submit evidence of your spouse's marital misconduct. These divorces often take much longer than a no-fault divorce. If you live in a state where fault doesn't affect alimony or division of property, it may be better to file a no-fault divorce petition.

Community Property States vs. Equitable Distribution States

When it comes to the division of marital property, it will depend on whether your state is a community property state. If you live in a community property state, the court will divide your marital assets 50/50.

Of course, this doesn't mean you will share each asset equally with your soon-to-be ex-spouse. The court will do its best to ensure both parties walk away with an equal share of the marital property. This may mean the judge orders you to sell the marital home and oth real property and split the proceeds.

There are only nine community property states. These include:

• Arizona
• California
• Idaho
• Louisiana
• Nevada
• New Mexico
• Texas
• Washington
• Wisconsin

The other 41 states rely on equitable distribution when dividing marital property. In equitable distribution states, the courts don't necessarily split your assets in half. Instead, they divide your marital debts and assets fairly and equitably.

Alimony and Spousal Support

Many people assume that the lesser-earning spouse always gets alimony in a divorce. That isn't the case. There is never a guarantee that either party will get spousal support. It all depends on the parties' financial needs and resources.

Whether a judge will order your spouse to pay alimony depends on several factors, including:

• Length of the marriage
• Debts and assets of each party
• Income and expenses of the spouses
• Age and health of the spouses
• Employment history, skills, and earning capacity of the parties

Even if the court grants one party spousal support, it is usually temporary. There are only six states that offer permanent alimony. These states are:

• Connecticut
• New Jersey
• North Carolina
• Oregon
• Vermont
• West Virginia

The courts rarely award permanent alimony. This only happens when the couple has been married for over 10 years, and one party earns significantly more than the other. The judge may also award one spouse permanent alimony if they have a disability or debilitating medical condition.

A Local Divorce Lawyer Can Help

If you're considering divorce, you should contact an experienced divorce attorney near you. Having an attorney will make the divorce process less intimidating. It also ensures you aren't disadvantaged if your spouse has a family law attorney.