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 if married in New York, lived in New York as spouses, or the grounds arose in New York (none if the grounds arose in New York and both spouses are residents at filing); otherwise 2 years (DRL § 230)), 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.