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DIVORCE REQUIREMENTS BY STATE

AL	AK	AZ	AR	CA	CO	CT	DE	DC	FL
GA	HI	ID	IL	IN	IA	KS	KY	LA	MA
MD	ME	MI	MN	MS	MO	MT	NE	NH	NJ
NM	NY	NC	ND	OH	OK	OR	PA	RI	SC
SD	TN	TX	UT	VT	VA	WA	WV	WI	WY

We are adding separate pages for each state as fast as possible so look for additional info in the near future.

The following is only a brief overview of requirements and procedures. We are constantly adding additional information (as quickly as possible) so check back often. For additional information, consult your state's divorce statutes located in your local public library, or your court house law library, many court clerks distribute state child support guidelines or e-mail us at paralegal@cyberstatio n .net

Unless otherwise noted; Either parent may be awarded child custody "in the best interest of the child" and child support is based on state guidelines.

States generally fall in to two categories for division of property of the parties; equitable distribution or community property:

Equitable distribution: The equitable, but not necessarily equal, division of property acquired during the marriage, as defined by state law.

Community Property: Both spouses are considered to own equal shares of the community property. Only 9 states use community property: Arizona, California, Louisiana, Nevada, New Mexico, Texas, Washington, Wisconsin and Wyoming.

ALABAMA

RESIDENCY: The Plaintiff (spouse filing a Complaint for Divorce) must be a resident of Alabama for 6 months IF the Defendant spouse does not live in Alabama.
GENERAL PROCEDURES: Default judgment may be granted if defendant spouse signs a waiver of service, or if evidence is presented to support a motion for Default judgment.

ALASKA

RESIDENCY: Filing Spouse must live in Alaska (no time limit).
PROCEDURES: Dissolution of marriage IF: both spouses have agreed to the division of joint property & debts; have no minor children or, if the wife is pregnant and the parents agree to custody, visitation & support.

ARIZONA

RESIDENCY: Either spouse must be a resident for 90 days. There is a 60 day waiting period after respondent spouse is served process before a divorce may be granted.
PROCEDURES: Dissolution of Marriage. Formal service of summons is required. If a waiver of service is signed by Respondent, the dissolution may be heard before a court commissioner.

ARKANSAS

RESIDENCY: Must be a resident of the state for 60 days and must be a resident for 90 days to finalize a divorce.
PROCEDURES: No fault requires living separate for 3 or more years and a 3rd party affidavit verifying residency, separation, and no cohabitation.

CALIFORNIA

RESIDENCY: Filing spouse must be a resident of the state for 6 months and the county where filing for 3 months. There is a 6 month waiting period after the 'other' spouse is served process or the spouse appears before the Court finalizes the dissolution of marriage.
PROCEDURES: Simplified Joint Dissolution of Marriage Requires all of the following:

• married 5 years or less
• no children born or adopted during the marriage and the wife is not now pregnant
• neither spouse owns any real estate
• no unpaid debts incurred during the marriage which exceed $4,000
• community property of less than $25,000, excluding cars and loans, but including deferred compensation or retirement
• spouses present legally effective written and signed agreement for the division of property and payment of all debts
  
• PROPERTY: Community Property

COLORADO

RESIDENCY: Either spouse must be resident for at least 90 days.
PROCEDURES: Dissolution of marriage by affidavit if:

• no minor children and wife is not pregnant of parents already have a separation agreement granting custody and support
• no marital property or spouses have already agreed on its division
• no disputes between spouses
• respondent has been served with dissolution of marriage papers

CONNECTICUT

RESIDENCY: Either spouse must be a resident of the state for 1 year for the dissolution of marriage to be finalized unless one spouse was a resident when he or she entered into the marriage and then returned with the intention of permanent resident or if the grounds for dissolution of marriage arose in Connecticut.
PROCEDURES: A dissolution of marriage will be granted if prof is submitted by:

• agreement signed by both spouses or affidavit
• signed agreement for the custody and support of the children
• signed agreement for property division

DELAWARE

RESIDENCY: either spouse must be a resident for 6 months
PROCEDURES: Respondent may waiver service of process

DISTRICT OF COLUMBIA

RESIDENCY: 6 months
PROCEDURE: No simplified dissolution. Divorce requires a hearing.

FLORIDA

RESIDENCY: 6 months
PROCEDURE: Simplified dissolution if:

• no minor children and the wife is not pregnant
• spouse are in agreement for division of property and debts

GEORGIA

RESIDENCY: 6 months
PROCEDURES: No simplified Dissolution. Divorce requires a hearing.

HAWAII

RESIDENCY: 3 months
PROCEDURE: Simplified Divorce by both spouses signing an affidavit stating that there is an "irretrievable breakdown of the marriage", or by one spouse's affidavit and the other spouse not denying it.

IDAHO

RESIDENCY: 6 full weeks
PROCEDURES: Default divorce if defendant spouse fails to answer the complaint for divorce.

ILLINOIS

RESIDENCY: 90 days
PROCEDURES: Divorce may be granted following a 6 month waiting period after filing, (by agreement of the parties), or after the parties have lived separate and apart for 2 years.

INDIANA

RESIDENCY: 6 months
PROCEDURES: Simplified dissolution if:

• it has been 60 days since filing
• petition signed by both spouses waiving final hearing
• no contested matters or the spouses have a written marital settlement agreement concerning contested issues. (court may hold a hearing on contested issues)

IOWA

RESIDENCY: No residency required for the filing spouse if the respondent spouse resides in Iowa and has been personally served process. Otherwise - 1 year residency requirement for filing spouse.
PROCEDURES: No simplified dissolution of marriage.

KANSAS

RESIDENCY: 60 days
PROCEDURES: Only 1 spouse is required to testify as to the facts.

KENTUCKY

RESIDENCY: 180 days
PROCEDURES: Dissolution after spouses have lived apart 60 days

LOUISIANA

RESIDENCY: 1 year for filing spouse
PROCEDURES: "Other" spouse does not need to answer the petition.

MAINE

RESIDENCY: 6 months UNLESS, the marriage occurred in Maine.
PROCEDURES: No corroborating witness required in uncontested divorces

MARYLAND

RESIDENCY: 1 year unless grounds for divorce occurred in Maryland
PROCEDURES: Default judgment granted only upon actual testimony of the filing spouse. Singed agreement by both parties can be used to support the filing spouses testimony.

MASSACHUSETTS

RESIDENCY: no residency requirement if the grounds for divorce occurred in the state. Otherwise 1 year.
PROCEDURES: No fault granted upon affidavit and both spouses jointing in petition for divorce.

MICHIGAN

RESIDENCY: 180 days and of the county for 10 days.
PROCEDURES: Friend of court Bureau provides booklets on the divorce process.

MINNESOTA

RESIDENCY: 180 days PROCEDURES: No service of process necessary if both spouses join in the petition.

MISSISSIPPI

RESIDENCY: 6 months
PROCEDURES: Both spouses may join in a no fault divorce. A hearing will be held 60 days after filing.

MISSOURI

RESIDENCY: 90 days
PROCEDURES: Dissolution of Marriage will be granted following a 30 day waiting period after filing. Both spouses may join in the petition.

MONTANA

RESIDENCY: 90 days
PROCEDURES: No fault requires living separate and apart for 180 days prior to filing.

NEBRASKA

RESIDENCY: 1 year
PROCEDURES: 60 day waiting period after filing before dissolution of marriage will be granted.

NEVADA

RESIDENCY: 6 weeks
PROCEDURES: Simplified Summary of divorce if: