Jurisdictions
51
50 states + DC
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Jurisdictions
51
50 states + DC
Community Property
9
AZ, CA, ID, LA, NV, NM, TX, WA, WI
Equitable Distribution
42
Everywhere else
State-by-State Summary
Sections, FAQs, and statute references for every jurisdiction.
| State | Property | Summary | Statute | Guide |
|---|---|---|---|---|
CACalifornia | Community | To file for divorce in California, you must meet the state's residency requirements (6 months state, 3 months county), prepare and file a petition with the Superior Court, serve your spouse, and wait for the mandatory processing period. | Cal. Fam. Code § 2320 | View |
TXTexas | Community | To file for divorce in Texas, you must meet the state's residency requirements (6 months state, 90 days county), prepare and file a petition with the District Court, serve your spouse, and wait for the mandatory processing period. | Tex. Fam. Code § 6.301 | View |
FLFlorida | Equitable | To file for divorce in Florida, you must meet the state's residency requirements (6 months), prepare and file a petition with the Circuit Court, serve your spouse, and wait for the mandatory processing period. | Fla. Stat. § 61.021 | View |
NYNew York | Equitable | To file for divorce in New York, you must meet the state's residency requirements (1 year (or 2 years if grounds arose in state)), prepare and file a petition with the Supreme Court, serve your spouse, and wait for the mandatory processing period. | N.Y. Dom. Rel. Law § 170 | View |
ILIllinois | Equitable | To file for divorce in Illinois, you must meet the state's residency requirements (90 days), prepare and file a petition with the Circuit Court, serve your spouse, and wait for the mandatory processing period. | 750 ILCS 5/401 | View |
PAPennsylvania | Equitable | To file for divorce in Pennsylvania, you must meet the state's residency requirements (6 months), prepare and file a petition with the Court of Common Pleas, serve your spouse, and wait for the mandatory processing period. | 23 Pa.C.S. § 3301 | View |
OHOhio | Equitable | To file for divorce in Ohio, you must meet the state's residency requirements (6 months state, 90 days county), prepare and file a petition with the Court of Common Pleas, serve your spouse, and wait for the mandatory processing period. | Ohio Rev. Code § 3105.01 | View |
GAGeorgia | Equitable | To file for divorce in Georgia, you must meet the state's residency requirements (6 months), prepare and file a petition with the Superior Court, serve your spouse, and wait for the mandatory processing period. | O.C.G.A. § 19-5-2 | View |
NCNorth Carolina | Equitable | To file for divorce in North Carolina, you must meet the state's residency requirements (6 months), prepare and file a petition with the District Court, serve your spouse, and wait for the mandatory processing period. | N.C. Gen. Stat. § 50-6 | View |
MIMichigan | Equitable | To file for divorce in Michigan, you must meet the state's residency requirements (180 days state, 10 days county), prepare and file a petition with the Circuit Court, serve your spouse, and wait for the mandatory processing period. | MCL § 552.9 | View |
ALAlabama | Equitable | To file for divorce in Alabama, you must meet the state's residency requirements (6 months), prepare and file a petition with the Circuit Court, serve your spouse, and wait for the mandatory processing period. | Ala. Code § 30-2-1 | View |
AKAlaska | Equitable | To file for divorce in Alaska, you must meet the state's residency requirements (30 days (no minimum residency for filing)), prepare and file a petition with the Superior Court, serve your spouse, and wait for the mandatory processing period. | Alaska Stat. § 25.24.010 | View |
AZArizona | Community | To file for divorce in Arizona, you must meet the state's residency requirements (90 days), prepare and file a petition with the Superior Court, serve your spouse, and wait for the mandatory processing period. | Ariz. Rev. Stat. § 25-311 | View |
ARArkansas | Equitable | To file for divorce in Arkansas, you must meet the state's residency requirements (60 days), prepare and file a petition with the Circuit Court, serve your spouse, and wait for the mandatory processing period. | Ark. Code Ann. § 9-12-301 | View |
COColorado | Equitable | To file for divorce in Colorado, you must meet the state's residency requirements (90 days), prepare and file a petition with the District Court, serve your spouse, and wait for the mandatory processing period. | Colo. Rev. Stat. § 14-10-106 | View |
CTConnecticut | Equitable | To file for divorce in Connecticut, you must meet the state's residency requirements (12 months (or 18 months if married out of state)), prepare and file a petition with the Superior Court, serve your spouse, and wait for the mandatory processing period. | Conn. Gen. Stat. § 46b-40 | View |
DEDelaware | Equitable | To file for divorce in Delaware, you must meet the state's residency requirements (6 months), prepare and file a petition with the Family Court, serve your spouse, and wait for the mandatory processing period. | Del. Code Ann. tit. 13, § 1505 | View |
DCDistrict of Columbia | Equitable | To file for divorce in District of Columbia, you must meet the state's residency requirements (6 months), prepare and file a petition with the Superior Court, Family Division, serve your spouse, and wait for the mandatory processing period. | D.C. Code § 16-904 | View |
HIHawaii | Equitable | To file for divorce in Hawaii, you must meet the state's residency requirements (6 months), prepare and file a petition with the Family Court, serve your spouse, and wait for the mandatory processing period. | Haw. Rev. Stat. § 580-41 | View |
IDIdaho | Community | To file for divorce in Idaho, you must meet the state's residency requirements (6 weeks), prepare and file a petition with the District Court, serve your spouse, and wait for the mandatory processing period. | Idaho Code § 32-603 | View |
INIndiana | Equitable | To file for divorce in Indiana, you must meet the state's residency requirements (6 months), prepare and file a petition with the Circuit Court or Superior Court, serve your spouse, and wait for the mandatory processing period. | Ind. Code § 31-15-2-1 | View |
IAIowa | Equitable | To file for divorce in Iowa, you must meet the state's residency requirements (1 year (or filing state if either party resides there)), prepare and file a petition with the District Court, serve your spouse, and wait for the mandatory processing period. | Iowa Code § 598.5 | View |
KSKansas | Equitable | To file for divorce in Kansas, you must meet the state's residency requirements (60 days), prepare and file a petition with the District Court, serve your spouse, and wait for the mandatory processing period. | Kan. Stat. Ann. § 23-2701 | View |
KYKentucky | Equitable | To file for divorce in Kentucky, you must meet the state's residency requirements (180 days), prepare and file a petition with the Circuit Court, Family Division, serve your spouse, and wait for the mandatory processing period. | Ky. Rev. Stat. § 403.140 | View |
LALouisiana | Community | To file for divorce in Louisiana, you must meet the state's residency requirements (6 months (parish where petition filed)), prepare and file a petition with the District Court, serve your spouse, and wait for the mandatory processing period. | La. Civ. Code art. 102 | View |
MEMaine | Equitable | To file for divorce in Maine, you must meet the state's residency requirements (6 months), prepare and file a petition with the District Court, serve your spouse, and wait for the mandatory processing period. | Me. Rev. Stat. Ann. tit. 19-A, § 901 | View |
MDMaryland | Equitable | To file for divorce in Maryland, you must meet the state's residency requirements (6 months (or 12 months if grounds arose out of state)), prepare and file a petition with the Circuit Court, serve your spouse, and wait for the mandatory processing period. | Md. Code Ann., Fam. Law § 7-103 | View |
MAMassachusetts | Equitable | To file for divorce in Massachusetts, you must meet the state's residency requirements (1 year (or if cause arose in state)), prepare and file a petition with the Probate and Family Court, serve your spouse, and wait for the mandatory processing period. | Mass. Gen. Laws ch. 208, § 1 | View |
MNMinnesota | Equitable | To file for divorce in Minnesota, you must meet the state's residency requirements (180 days), prepare and file a petition with the District Court, serve your spouse, and wait for the mandatory processing period. | Minn. Stat. § 518.06 | View |
MSMississippi | Equitable | To file for divorce in Mississippi, you must meet the state's residency requirements (6 months), prepare and file a petition with the Chancery Court, serve your spouse, and wait for the mandatory processing period. | Miss. Code Ann. § 93-5-1 | View |
MOMissouri | Equitable | To file for divorce in Missouri, you must meet the state's residency requirements (90 days), prepare and file a petition with the Circuit Court, serve your spouse, and wait for the mandatory processing period. | Mo. Rev. Stat. § 452.310 | View |
MTMontana | Equitable | To file for divorce in Montana, you must meet the state's residency requirements (90 days), prepare and file a petition with the District Court, serve your spouse, and wait for the mandatory processing period. | Mont. Code Ann. § 40-4-104 | View |
NENebraska | Equitable | To file for divorce in Nebraska, you must meet the state's residency requirements (1 year (or 12 months if married in state)), prepare and file a petition with the District Court, serve your spouse, and wait for the mandatory processing period. | Neb. Rev. Stat. § 42-347 | View |
NVNevada | Community | To file for divorce in Nevada, you must meet the state's residency requirements (6 weeks), prepare and file a petition with the Family Court (Clark County) or District Court, serve your spouse, and wait for the mandatory processing period. | Nev. Rev. Stat. § 125.010 | View |
NHNew Hampshire | Equitable | To file for divorce in New Hampshire, you must meet the state's residency requirements (1 year (or if both parties live in state at filing)), prepare and file a petition with the Circuit Court, Family Division, serve your spouse, and wait for the mandatory processing period. | N.H. Rev. Stat. Ann. § 458:4 | View |
NJNew Jersey | Equitable | To file for divorce in New Jersey, you must meet the state's residency requirements (12 months), prepare and file a petition with the Superior Court, Family Part, serve your spouse, and wait for the mandatory processing period. | N.J. Stat. Ann. § 2A:34-2 | View |
NMNew Mexico | Community | To file for divorce in New Mexico, you must meet the state's residency requirements (6 months), prepare and file a petition with the District Court, serve your spouse, and wait for the mandatory processing period. | N.M. Stat. Ann. § 40-4-1 | View |
NDNorth Dakota | Equitable | To file for divorce in North Dakota, you must meet the state's residency requirements (6 months), prepare and file a petition with the District Court, serve your spouse, and wait for the mandatory processing period. | N.D. Cent. Code § 14-05-03 | View |
OKOklahoma | Equitable | To file for divorce in Oklahoma, you must meet the state's residency requirements (6 months), prepare and file a petition with the District Court, serve your spouse, and wait for the mandatory processing period. | Okla. Stat. tit. 43, § 101 | View |
OROregon | Equitable | To file for divorce in Oregon, you must meet the state's residency requirements (6 months (or married in Oregon and lived there until filing)), prepare and file a petition with the Circuit Court, serve your spouse, and wait for the mandatory processing period. | Or. Rev. Stat. § 107.025 | View |
RIRhode Island | Equitable | To file for divorce in Rhode Island, you must meet the state's residency requirements (1 year), prepare and file a petition with the Family Court, serve your spouse, and wait for the mandatory processing period. | R.I. Gen. Laws § 15-5-3 | View |
SCSouth Carolina | Equitable | To file for divorce in South Carolina, you must meet the state's residency requirements (3 months (or 1 year if only one party resides in state)), prepare and file a petition with the Family Court, serve your spouse, and wait for the mandatory processing period. | S.C. Code Ann. § 20-3-10 | View |
SDSouth Dakota | Equitable | To file for divorce in South Dakota, you must meet the state's residency requirements (filing state (no minimum period)), prepare and file a petition with the Circuit Court, serve your spouse, and wait for the mandatory processing period. | S.D. Codified Laws § 25-4-2 | View |
TNTennessee | Equitable | To file for divorce in Tennessee, you must meet the state's residency requirements (6 months (or if grounds arose in state)), prepare and file a petition with the Circuit Court or Chancery Court, serve your spouse, and wait for the mandatory processing period. | Tenn. Code Ann. § 36-4-101 | View |
UTUtah | Equitable | To file for divorce in Utah, you must meet the state's residency requirements (90 days), prepare and file a petition with the District Court, serve your spouse, and wait for the mandatory processing period. | Utah Code Ann. § 30-3-1 | View |
VTVermont | Equitable | To file for divorce in Vermont, you must meet the state's residency requirements (6 months), prepare and file a petition with the Superior Court, Family Division, serve your spouse, and wait for the mandatory processing period. | Vt. Stat. Ann. tit. 15, § 551 | View |
VAVirginia | Equitable | To file for divorce in Virginia, you must meet the state's residency requirements (6 months), prepare and file a petition with the Circuit Court, serve your spouse, and wait for the mandatory processing period. | Va. Code Ann. § 20-91 | View |
WAWashington | Community | To file for divorce in Washington, you must meet the state's residency requirements (filing state (petitioner must be resident)), prepare and file a petition with the Superior Court, serve your spouse, and wait for the mandatory processing period. | Wash. Rev. Code § 26.09.030 | View |
WVWest Virginia | Equitable | To file for divorce in West Virginia, you must meet the state's residency requirements (1 year (or if married and living in state when cause arose)), prepare and file a petition with the Family Court, serve your spouse, and wait for the mandatory processing period. | W. Va. Code § 48-5-201 | View |
WIWisconsin | Community | To file for divorce in Wisconsin, you must meet the state's residency requirements (6 months state, 30 days county), prepare and file a petition with the Circuit Court, serve your spouse, and wait for the mandatory processing period. | Wis. Stat. § 767.05 | View |
WYWyoming | Equitable | To file for divorce in Wyoming, you must meet the state's residency requirements (60 days), prepare and file a petition with the District Court, serve your spouse, and wait for the mandatory processing period. | Wyo. Stat. Ann. § 20-2-104 | View |
Notice
This comparison is general legal information, not legal advice. State laws change, and courts interpret them differently. For guidance on your specific situation, consult a licensed family law attorney in the relevant jurisdiction. DIVORSAY is a technology company, not a law firm.
More Topic Comparisons
Across all 51 states.