Divorce residency and waiting periods by state
How long you must live in a state before filing for divorce, how long you wait after filing, and any separation the state requires.
General information only, not legal, insurance or financial advice. Not affiliated with any government agency. Rules have exceptions; open your state for details and the law it comes from.
| State | Residency to file | Waiting period | Separation required |
|---|---|---|---|
| Alabama | 6 months if the other spouse lives outside Alabama; none if both live in the state | 30 days after filing | None |
| Alaska | No minimum; you must live in Alaska and intend to stay | 30 days (dissolution hearing) | None |
| Arizona | 90 days (one spouse) | 60 days after service | None |
| Arkansas | 60 days before filing; 3 months before the decree | 30 days after filing | 18 months for the no-fault ground (Ark. Code § 9-12-301) |
| California | 6 months in the state and 3 months in the county | 6 months from service or appearance | None |
| Colorado | 91 days (one spouse) | 91 days after service or appearance | None |
| Connecticut | 12 months before the decree (exceptions apply) | 90 days after the return date | None |
| Delaware | 6 months (one spouse) | None after filing | Must have lived apart 6 months before the decree (13 Del. C. § 1505) |
| District of Columbia | 6 months (one spouse) | None after filing | 6 months if both agree, 1 year if not (D.C. Code § 16-904) |
| Florida | 6 months (one spouse) | 20 days after filing | None |
| Georgia | 6 months (one spouse) | 30 days after service | None |
| Hawaii Under review | Domiciled in Hawaii when you file (since Act 69 of 2021) | None | None |
| Idaho | 6 weeks (filing spouse) | 20 days after service | None |
| Illinois | 90 days (one spouse) | None | None (since 2016) |
| Indiana | 6 months in the state and 3 months in the county | 60 days after filing | None |
| Iowa | 1 year, unless the respondent is an Iowa resident served in Iowa | 90 days after service | None |
| Kansas | 60 days (one spouse) | 60 days after filing | None |
| Kentucky | 180 days (one spouse) | None after filing | 60 days living apart before the decree; living apart under one roof counts (KRS § 403.044) |
| Louisiana | Domiciled in Louisiana; 6 months creates a presumption | 180 days, or 365 days with minor children (Civil Code art. 102) | Same periods before filing under art. 103 |
| Maine | 6 months, or other qualifying links to Maine | 60 days after service | None |
| Maryland | 6 months if the grounds arose outside Maryland; none if inside | None | 6 months living apart, or file on irreconcilable differences (reform effective Oct. 1, 2023) |
| Massachusetts | 1 year if the grounds arose outside Massachusetts; none if inside | Joint petition: 120 days after approval. Contested no-fault: 6 months before hearing, then 90 days. | None |
| Michigan | 180 days in the state and 10 days in the county | 60 days, or 6 months with minor children (MCL § 552.9f) | None |
| Minnesota | 180 days (one spouse) | None | None |
| Mississippi | 6 months (one spouse) | 60 days after filing (irreconcilable differences) | None |
| Missouri | 90 days (one spouse) | 30 days after filing | None |
| Montana | 90 days (one spouse) | 20 days after service | None |
| Nebraska Checked on official source | 1 year, or since the marriage if married in Nebraska | 60 days after service | None |
| Nevada | 6 weeks (one spouse) | None | None |
| New Hampshire | 1 year, unless both spouses live in NH or the respondent is served there | None | None |
| New Jersey | 1 year (no minimum for adultery) | None | Irreconcilable differences must have lasted 6 months |
| New Mexico | 6 months (one spouse) | None | None |
| New York | 1 or 2 years depending on ties to New York | None | Marriage broken down for at least 6 months |
| North Carolina | 6 months (one spouse) | None | 1 year living apart before filing |
| North Dakota | 6 months before the decree | None | None |
| Ohio Under review | 6 months in the state and 90 days in the county | None set by statute (dissolution hearing 30-90 days after filing) | None |
| Oklahoma | 6 months in the state and 30 days in the county | 10 days, or 90 days with minor children (43 O.S. § 107.1) | None |
| Oregon | 6 months, or none if married in Oregon and still living there | None | None |
| Pennsylvania | 6 months (one spouse) | 90 days after service (mutual consent) | 1 year living apart if one spouse does not consent |
| Rhode Island | 1 year (one spouse) | Final judgment 3 months after the decision | None |
| South Carolina | 3 months if both live in SC; 1 year if only one does | 90 days after filing | 1 year living apart for the no-fault ground |
| South Dakota | Resident when the case is filed | 60 days after service | None |
| Tennessee | 6 months (one spouse) | 60 days, or 90 days with minor children | None |
| Texas | 6 months in the state and 90 days in the county | 60 days after filing (Tex. Fam. Code § 6.702) | None |
| Utah Checked on official source | 3 months in the state and county | 30 days after filing | None |
| Vermont | 6 months to file; 1 year before the final hearing | 90 days after the decree nisi | 6 months living apart |
| Virginia | 6 months (one spouse) | None | 6 months (no minor children and a signed agreement) or 1 year |
| Washington | Resident when filing; no set period | 90 days after filing and service | None |
| West Virginia Checked on official source | None if married in West Virginia; otherwise 1 year | None | None (1 year living apart is an alternative ground) |
| Wisconsin | 6 months in the state and 30 days in the county | 120 days after service | None |
| Wyoming | 60 days, or married in Wyoming and still living there | 20 days after filing | None |
How we checked this
Residency rules come from a statute-cited 50-state chart and were compared with two other 50-state tables. Disputed states were checked on the state's own code. Last checked: November 12, 2026. Laws change; confirm with the state agency or a licensed professional before acting.
Cross-checked sources agree Checked on official source confirmed on a government, court or legislature site From a statute-cited table one detailed source Under review sources disagree; read the note and the law.