Understanding Divorce Laws Across America
Divorce laws vary significantly from state to state, affecting everything from filing requirements and waiting periods to property division and support calculations. Whether you're considering divorce or in the process, understanding your state's specific laws is crucial for protecting your rights and interests.
Key Divorce Statistics
Select Your State for Specific Divorce Laws
Click on any state below to view detailed information about divorce procedures, property division rules, support guidelines, and custody laws specific to that jurisdiction.
Arizona
Community Property | 60-day waiting | No-fault state
Covenant marriage option available
View Arizona Divorce Laws →California
Community Property | 6-month waiting | No-fault only
Mandatory financial disclosures required
View California Divorce Laws →Colorado
Equitable Distribution | 91-day waiting | No-fault state
Simplified dissolution available
View Colorado Divorce Laws →Florida
Equitable Distribution | 20-day waiting | No-fault state
Simplified dissolution for qualifying couples
View Florida Divorce Laws →Georgia
Equitable Distribution | 30-day waiting | 13 grounds
No-fault and fault-based options
View Georgia Divorce Laws →Illinois
Equitable Distribution | No waiting period | No-fault only
Joint simplified dissolution available
View Illinois Divorce Laws →Indiana
Equitable Distribution | 60-day waiting | No-fault state
Provisional orders available during process
View Indiana Divorce Laws →Maryland
Equitable Distribution | No waiting period | Limited divorce option
Mutual consent divorce available
View Maryland Divorce Laws →Massachusetts
Equitable Distribution | 120-day waiting | No-fault available
1A joint petition option for uncontested
View Massachusetts Divorce Laws →Michigan
Equitable Distribution | 60-day waiting | No-fault state
180 days with minor children
View Michigan Divorce Laws →New Jersey
Equitable Distribution | No waiting period | 9 grounds
No-fault requires 18-month separation
View New Jersey Divorce Laws →New York
Equitable Distribution | No waiting period | No-fault state
Uncontested divorce program available
View New York Divorce Laws →North Carolina
Equitable Distribution | 1-year separation | No-fault state
Absolute divorce vs. divorce from bed and board
View North Carolina Divorce Laws →Ohio
Equitable Distribution | 30-day waiting | Dissolution option
Collaborative divorce available
View Ohio Divorce Laws →Pennsylvania
Equitable Distribution | 90-day waiting | No-fault state
Mutual consent divorce after 90 days
View Pennsylvania Divorce Laws →South Carolina
Equitable Distribution | 90-day waiting | 5 grounds
1-year separation for no-fault
View South Carolina Divorce Laws →Texas
Community Property | 60-day waiting | No-fault state
Insupportability as no-fault ground
View Texas Divorce Laws →Virginia
Equitable Distribution | No waiting period | Separation required
6 months with agreement, 1 year without
View Virginia Divorce Laws →Washington
Community Property | 90-day waiting | No-fault only
Domestic partnership dissolution similar
View Washington Divorce Laws →Property Division Systems
| System | States | How It Works |
|---|---|---|
| Community Property | AZ, CA, ID, LA, NV, NM, TX, WA, WI | Marital property split 50/50; separate property remains separate |
| Equitable Distribution | All other states | Property divided fairly but not necessarily equally based on various factors |
Common Divorce Requirements
While specific requirements vary by state, most divorces involve these key elements:
Residency Requirements
- Most states require 6-12 months residency before filing
- Some states have county-specific requirements (30-90 days)
- Military members may have special provisions
Grounds for Divorce
- No-Fault: Irreconcilable differences, incompatibility
- Fault-Based: Adultery, abandonment, cruelty, imprisonment
- Most states now allow no-fault divorce
- Some states require separation periods
Financial Considerations
- Property Division: Marital vs. separate property
- Alimony/Spousal Support: Duration and amount varies
- Child Support: State-specific guidelines and calculators
- Debt Division: Joint debts typically split
Important Considerations
- Uncontested vs. Contested: Uncontested divorces are faster and less expensive
- Mediation: Many states encourage or require mediation for custody disputes
- Legal Separation: Some states offer legal separation as an alternative
- Annulment: Available in limited circumstances (fraud, incapacity)
Divorce Process Overview
- Meet Residency Requirements: Establish required residency period
- File Petition: Submit divorce petition with appropriate court
- Serve Spouse: Official service of divorce papers
- Response Period: Spouse has time to respond (typically 20-30 days)
- Discovery: Exchange financial information and documents
- Negotiation/Mediation: Attempt to reach agreements
- Trial (if needed): Court decides unresolved issues
- Final Decree: Judge signs divorce decree
Legal Notice
Divorce laws change frequently and vary significantly by state. The information provided here is for educational purposes only. For your specific situation, consult with a qualified family law attorney in your state who can provide personalized advice based on current laws and your circumstances.