Every Citizen's right to know and use the law - without
hiring a lawyer - is fundamental to American Democracy. The law,
like any other information, can be broken down and organized into
small, easily understandable sections and bits. The 'bits' can
then be put together to complete a larger task.
- Making the process easier is our commitment
to the public.
The information available at this site is excerpted from
the books and publications published by Pro Se
Publications (unless otherwise noted) and is provided for
educational purposes.
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:
resident for 6 weeks
spouses are incompatible OR have lived apart for 1 year
without cohabitation
no minor children and wife is not pregnant OR the spouses
have a written agreement regarding child custody and support
both spouses waive their right to spousal support
both waive their right to a notice of entry of the final
decree; to appeal; a new trial.
NEW HAMPSHIRE
RESIDENCY: 1 year unless the cause of divorce arose in New
Hampshire and one spouse is residing in the state at the time the
divorce is filed
PROCEDURES: No simplified procedure for dissolution.
NEW JERSEY
RESIDENCY: 1 year unless the case is based on adultery.
PROCEDURES: Acknowledgment of service is allowed to waiver the
formal service requirement.
NEW MEXICO
RESIDENCY: 6 months
PROCEDURES: Settlement agreements are encouraged.
NEW YORK
RESIDENCY: No time limit if the spouses were residents and
grounds arose in N.Y.. 2 years if only 1 spouse resides in New
York at the time of filing. 1 year if the marriage took place in
N.Y and 1 spouse is still a resident; or both spouses resided in
N.Y. and 1 is still a resident; or grounds for divorce arose in
N.Y..
PROCEDURES: Summary divorce if:
- Living separate and apart under the terms of a judicial or
agreed written, signed, and notarized separation agreement filed
with the clerk of the county. Requires proof of performance of
the terms of the separation agreement.
NORTH CAROLINA
RESIDENCY: 6 months
PROCEDURES: No fault based on living separate and apart without
cohabitation for 1 year.
NORTH DAKOTA
PROCEDURES: Separation agreements are encouraged.
OHIO
RESIDENCY: 6 months
PROCEDURES: Both spouses may join in a petition for dissolution
of marriage provided:
- both spouse sign the petition
- settlement agreement with provisions for property division,
spousal support (if any)
- Provisions for custody, support and visitation with any
minor children
- Both spouses appear in court 30 days after filing to testify
that each spouse voluntarily signed the agreement and both are
satisfied with the agreement and both want the dissolution of
marriage.
OKLAHOMA
Check out our new Oklahoma Divorce Page for complete
information on OK divorce.
RESIDENCY: 6 months
PROCEDURES: If both spouses agree, and there are no minor
children, a divorce may be granted in 10 days. If there are minor
children, there is a 30 day waiting period before the divorce
will be granted.
OREGON
RESIDENCY: No time requirement if one spouse is a resident and
the marriage took place in Oregon. If the marriage was outside
Oregon, a 6 months residency requirement applies.
PROCEDURES: Summary dissolution of marriage may be granted if:
- residency requirement has been met (if any)
- no minor children and the wife is not pregnant
- marriage is not more than 10 years in duration
- neither spouse owns real estate
- there are no debts over $15,000 incurred by the spouses
- total value of the spouses' personal property is less than
$30,000
- waiver of spousal support
- waiver of pendente lite orders, except for spousal abuse
- petitioner knows of no other pending domestic suit.
- It has been 90 days since filing
PENNSYLVANIA
RESIDENCY: 6 months
PROCEDURES: No fault provided the spouses have lived separate
without cohabitation for 2 years; OR both spouses sign and file
affidavits consenting to the divorce.
RHODE ISLAND
RESIDENCY: 1 year
PROCEDURES: Every divorce requires a hearing
SOUTH CAROLINA
RESIDENCY: If both spouses reside in Carolina, the filing spouse
must only be a resident for 3 months. Otherwise if only the
filing spouse is a resident, then he or she must have been a
resident for 1 year.
PROCEDURES: No fault based on living separate without
cohabitation for 1 year.
SOUTH DAKOTA
RESIDENCY: Filing spouse must reside in South Dakota at the time
of filing and until the divorce is final.
PROCEDURES: Simplified No Fault Summary Divorce if both spouses
submit affidavits which establish the required residency and the
grounds for divorce. No hearing is required.
TENNESSEE
RESIDENCY: No residency requirement if the grounds for divorce
arose in Tn.; Otherwise 6 months
PROCEDURES: No fault based on irreconcilable difference or living
separate and apart without cohabitation for 2 years; and there
are no minor children. Waiver of formal service is allowed. A
hearing finalizing the divorce will be held in 60 days if there
are no minor children and in 90 days if there are children.
TEXAS
Texas Divorce Page
for complete information
RESIDENCY: 6 months and in the county 90 days
PROCEDURES: Waiver of Service is allowed. Only the spouses
actually filing is required to attend the hearing granting the
divorce. A waiting period of 60 days is required after filing.
UTAH
RESIDENCY: 3 months in both state and county
PROCEDURES: 90 day waiting period after filing
VERMONT
RESIDENCY: 6 months before filing and a total of 1 year before a
divorce will be granted.
PROCEDURES: No simplified procedures. A hearing is required in
all divorce cases.
VIRGINIA
RESIDENCY: 6 months
PROCEDURES: No fault: based on living separate and apart for 1
year without cohabitation OR for 6 months if there are no
children and the spouses have entered into a separation
agreement. Waiver of service is allowed. Testimony of spouses
must generally be corroborated by a witness.
WASHINGTON
RESIDENCY: filing spouse simply must be a resident
PROCEDURES: a 90 day waiting period is required after filing and
service of summons before a divorce will be granted.
WEST VIRGINIA
RESIDENCY: no residency requirement if the marriage was performed
in West Virginia and one spouse is a resident at the time of
filing. Otherwise, one spouse must have been a resident for 1
year.
PROCEDURES: No fault based upon living separate and apart without
cohabitation for 1 year and upon verified complaint and the
'other' spouse must file a verified answer admitting the
irreconcilable differences.
WISCONSIN
RESIDENCY: 6 months and in the county for 30 days.
PROCEDURES: No fault based on both spouses filing jointly or
living separate and apart for 1 year.
WYOMING
RESIDENCY: 60 days unless the marriage was performed in Wyoming.
The filing spouse must remain a resident until the divorce is
final.
PROCEDURES: A divorce waiting period of 20 days after filing is
required before the divorce will be granted.
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