Filing for divorce is a legal process that officially ends a marriage and resolves issues such as property and debt division, child custody, child support, and spousal support. Although every state has its own divorce laws, the basic process is similar across the United States.
Understanding how to file for divorce, what divorce papers are required, how long the divorce process takes, how property is divided, and what happens when children are involved can make the process much easier to navigate.
This guide explains the general divorce process used throughout the United States and highlights important differences between states.
Important: Divorce laws are state-specific. Court forms, filing fees, residency requirements, waiting periods, deadlines, and procedures can change. Always check the requirements of the state and county where the divorce will be filed.
Divorce Requirements in the United States
Before filing for divorce, at least one spouse generally must meet the state’s residency or domicile requirement.
Residency requirements are one of the biggest differences between states. Many states require a spouse to have lived in the state for approximately six months before filing, but there are important exceptions.
For example:
- Arizona generally requires 90 days of residency.
- Arkansas generally requires 60 days.
- Colorado generally requires 91 days.
- Idaho generally requires only six weeks.
- Illinois generally uses a 90-day requirement.
- Iowa generally requires one year, although exceptions can apply.
- Kentucky generally requires 180 days.
- Nevada generally requires six weeks in many circumstances.
- South Carolina generally requires one year, although a shorter period can apply when both spouses are residents.
- Texas generally requires six months.
- Utah generally requires 90 days.
- Wyoming generally requires 60 days.
Other states use different rules or exceptions depending on where the spouses live, where the marriage occurred, or where the events leading to the divorce happened.
This means someone who recently moved to another state should not automatically assume that the new state is where the divorce can be filed.
Where Do You File for Divorce?
Divorce cases are normally filed in a state court that has jurisdiction over the marriage and the parties.
The specific court is usually a family court, district court, superior court, circuit court, or another court handling domestic-relations cases, depending on the state.
The correct county can also matter.
When deciding where to file for divorce, check:
- State residency requirements
- County residency or venue requirements
- Where you currently live
- Where your spouse lives
- Whether minor children are involved
- Whether another family-law case is already pending
- Whether the court has jurisdiction over property or child-related issues
If spouses live in different states, determining where the divorce should be filed can become more complicated.
No-Fault Divorce
Every state allows some form of no-fault divorce. No-fault divorce generally means that a spouse does not have to prove that the other spouse committed adultery, abandoned the marriage, or committed another marital offense simply to obtain a divorce.
Common language includes terms such as:
- Irreconcilable differences
- Irretrievable breakdown of the marriage
- Marriage is irretrievably broken
- Incompatibility
However, some states also continue to allow fault-based grounds for divorce.
Fault can also matter in other parts of a divorce case. Depending on the state, marital misconduct can potentially affect issues such as alimony or other financial determinations.
Step 1: Decide Whether the Divorce Is Contested or Uncontested
One of the most important questions is whether both spouses agree on the major issues.
Uncontested Divorce
An uncontested divorce generally means the spouses agree on the major issues, such as:
- Division of property
- Division of debts
- Child custody and parenting arrangements
- Child support
- Spousal support
- Insurance responsibilities
- Tax-related issues
- Other financial matters
An uncontested divorce is usually simpler because the court does not have to decide every disputed issue after a trial.
Some states also provide simplified, summary, or joint divorce procedures for couples who meet specific requirements.
Contested Divorce
A contested divorce occurs when spouses cannot agree on one or more important issues.
Disagreements may involve:
- Who receives the family home
- Bank accounts and investments
- Retirement accounts
- Credit-card or other marital debt
- Business ownership
- Child custody
- Parenting time
- Child support
- Alimony or spousal support
A contested divorce can require discovery, hearings, mediation, expert testimony, and potentially a trial.
Step 2: Complete the Divorce Forms
The person starting the case normally files a petition, complaint, or other initiating document with the appropriate court.
The name of the document depends on the state.
Common divorce paperwork can include:
- Petition or complaint for divorce
- Summons
- Financial disclosure forms
- Affidavit of financial information
- Child custody or parenting-plan documents
- Child support worksheets
- Property and debt information
- Proposed settlement agreement
- Required court cover sheets
- Final judgment or decree documents
Do not assume that a divorce form from one state can be used in another state. State courts generally provide their own forms and filing instructions.
Step 3: File the Divorce Case With the Court
After the required documents are completed, the divorce petition is filed with the appropriate court.
The filing normally requires a court filing fee.
The amount varies by state and county, and additional fees may apply for service of process, certified copies, motions, or other court procedures.
Some courts allow electronic filing, while others may require paper filing or have different procedures depending on the type of case.
If someone cannot afford the filing fee, the court may have a process for requesting a fee waiver or filing without paying the normal fee.
Step 4: Serve the Divorce Papers
After the divorce case is filed, the other spouse generally must receive formal legal notice of the case.
This is called service of process.
The petitioner usually cannot simply hand the papers to the spouse and assume the legal service requirement has been satisfied. The exact rules differ by state.
Depending on the jurisdiction, service may involve:
- Sheriff service
- Process server
- Certified or other authorized mail
- Acceptance or waiver of service
- Other court-approved methods
Once properly served, the responding spouse normally has a specific period of time to file an answer or other response.
Failing to respond can result in a default proceeding in some circumstances.
Step 5: Financial Disclosure and Discovery
Divorce involves much more than deciding who keeps the furniture.
Financial issues can include:
- Real estate
- Bank accounts
- Retirement accounts
- Stocks and investments
- Businesses
- Vehicles
- Personal property
- Credit cards
- Loans
- Tax liabilities
- Mortgages
- Insurance
- Income
- Employment benefits
Many states require spouses to exchange financial information.
In contested cases, formal discovery may also be used to obtain information or documents concerning income, assets, debts, businesses, investments, and other financial matters.
Accurately identifying marital assets and debts is especially important when one spouse controls most of the family’s finances.
Property Division: Who Gets What in a Divorce?
Property division is another major area where state laws differ.
States generally follow one of two broad approaches:
Community Property States
Community-property states generally classify property acquired during the marriage as community property, subject to specific rules and exceptions.
Equitable Distribution States
Most states use equitable distribution.
Equitable distribution does not necessarily mean a 50/50 split.
Instead, the court considers applicable state law and the circumstances of the marriage when determining how marital property and debts should be divided.
Property may also be classified as:
- Marital property
- Separate property
- Community property
- Nonmarital property
Inherited property, property owned before marriage, gifts, and property kept separate can receive different treatment depending on the state and circumstances.
Because property classification can substantially affect the outcome, large assets such as homes, businesses, retirement accounts, and investment accounts should not be treated as ordinary household property.
Divorce and the Family Home
The marital home is often one of the largest assets involved in a divorce.
Possible outcomes include:
- One spouse keeps the home and buys out the other spouse
- The home is sold and the proceeds are divided
- The spouses temporarily continue owning the home
- One spouse receives exclusive use of the home while the divorce is pending
- The court determines the property’s value and each spouse’s interest
A mortgage does not automatically disappear because a divorce judgment awards the house to one spouse.
The mortgage, deed, title, and divorce judgment are separate legal and financial matters.
Divorce With Children
Divorce becomes more complicated when minor children are involved.
Courts generally address:
- Legal decision-making or parental responsibility
- Physical custody or parenting arrangements
- Parenting time or visitation
- Child support
- Health insurance
- Medical expenses
- Childcare expenses
- School-related issues
- Transportation
- Holidays and vacations
- Communication between parents
The terminology differs between states.
For example, some states use terms such as legal custody and physical custody, while others use terms such as parental responsibility, parenting time, and time-sharing.
The important issue is not simply which parent has “custody.” A parenting order can establish detailed rules governing where a child lives, when each parent has parenting time, and who makes important decisions.
How Child Support Is Calculated
Child support is generally based on state law and financial information from both parents.
Factors can include:
- Each parent’s income
- Number of children
- Parenting time
- Health insurance costs
- Childcare expenses
- Other support obligations
- Certain allowable deductions
Many states use statutory child-support guidelines or formulas, but the formulas are not identical nationwide.
A parent should not assume that having equal parenting time automatically means that no child support will be owed.
Alimony and Spousal Support
Alimony may also be called:
- Spousal support
- Maintenance
- Spousal maintenance
Eligibility and calculation methods vary substantially between states.
Courts may consider factors such as:
- Length of the marriage
- Each spouse’s income
- Earning capacity
- Financial needs
- Standard of living during the marriage
- Age of the spouses
- Health and other statutory factors
- Contributions made during the marriage
Some states have statutory formulas or guidelines for certain alimony situations, while others rely primarily on statutory factors and judicial discretion.
Marital misconduct can also be relevant to alimony in some states but not others. For example, the ABA’s current 50-state comparison identifies states where fault or non-economic conduct may be considered when determining alimony.
Mediation and Divorce Settlement
Many divorce cases are resolved without going to a full trial.
Mediation allows spouses to negotiate disputed issues with the assistance of a neutral mediator.
A settlement can address:
- Property division
- Debt division
- Child custody
- Parenting time
- Child support
- Alimony
- Insurance
- Tax issues
- Retirement accounts
- Sale or transfer of property
If the spouses reach an agreement, the agreement is generally submitted to the court for approval and incorporated into the final divorce judgment when appropriate.
The exact mediation requirements differ by state and sometimes by county.
Divorce Trial
If the spouses cannot resolve the disputed issues, the case may proceed to trial.
At trial, each side may present:
- Documents
- Financial records
- Witness testimony
- Expert testimony
- Evidence concerning parenting
- Evidence concerning income and assets
The judge then makes decisions on the issues that remain unresolved.
A divorce trial can be significantly more expensive and time-consuming than an uncontested divorce.
How Long Does a Divorce Take?
There is no single nationwide divorce timeline.
The total time can depend on:
- State residency requirements
- Mandatory waiting or separation periods
- Whether the divorce is contested
- Whether children are involved
- How quickly financial information is exchanged
- Whether mediation is required
- Court scheduling
- Disputes over property or support
- Whether a trial is necessary
An uncontested divorce may be completed relatively quickly once the required waiting period has passed and the paperwork is accepted.
A contested divorce can take many months or considerably longer.
Some states impose specific waiting or separation requirements before a divorce can be finalized, while others allow divorce proceedings to move forward without the same type of mandatory separation period.
How Much Does a Divorce Cost?
Divorce costs vary considerably.
Possible expenses include:
- Court filing fees
- Service-of-process fees
- Attorney fees
- Mediation fees
- Parenting or custody evaluations
- Expert witnesses
- Appraisals
- Financial professionals
- Certified copies of court documents
- Fees associated with transferring or dividing certain assets
An uncontested divorce generally involves fewer disputed legal issues, while a contested divorce can become substantially more expensive when discovery, hearings, experts, and trial are required.
Important State-by-State Differences
Although the basic divorce process is similar throughout the country, state law can make a major difference.
The most important differences include:
| Divorce issue | What can differ by state |
|---|---|
| Residency | How long a spouse must live in the state |
| Filing location | Which county or court can hear the case |
| Grounds for divorce | No-fault and available fault grounds |
| Waiting period | Minimum time before divorce can be finalized |
| Separation | Whether spouses must live apart for a specific period |
| Property division | Community property or equitable distribution |
| Alimony | Eligibility, duration, amount and factors |
| Child custody | Terminology and legal standards |
| Child support | Guidelines and calculation methods |
| Mediation | Whether mediation is required |
| Financial disclosure | Required forms and deadlines |
| Simplified divorce | Whether an expedited procedure is available |
| Court procedure | Hearings, filing and service requirements |
There are significant differences even among states that appear similar.
For example, the ABA’s current state comparison shows residency requirements ranging from very short periods such as six weeks in Idaho and Nevada to one year in several states, while other states use different rules or exceptions.
States With Six-Month Residency Requirements
A six-month residency requirement is common, but it is not universal.
States with a six-month requirement include, among others:
- Alabama
- California
- Delaware
- Florida
- Georgia
- Indiana
- Kentucky’s requirement is six months
- Michigan
- Minnesota
- Mississippi
- New Mexico
- North Carolina
- North Dakota
- Oklahoma
- Oregon
- Pennsylvania
- Texas
- Virginia
- Wisconsin
There are exceptions and additional requirements in some of these states, so residency should always be verified using the current court rules and statutes.
States With Shorter Residency Requirements
Some states allow divorce proceedings after substantially shorter residency periods.
Examples include:
- Idaho — approximately 6 weeks
- Nevada — approximately 6 weeks
- Arizona — approximately 90 days
- Arkansas — approximately 60 days
- Colorado — approximately 91 days
- Illinois — approximately 90 days
- Kansas — approximately 60 days
- Utah — approximately 90 days
- Wyoming — approximately 60 days
These requirements can have exceptions, and the residence requirement for filing is not necessarily the same as every requirement for obtaining a final divorce judgment.
States With Longer Residency Requirements
Some states generally require approximately one year of residency, although exceptions may apply.
Examples include:
- Iowa
- Massachusetts
- Nebraska
- New Hampshire
- Rhode Island
- South Carolina
- West Virginia
Other states have special rules that can shorten or eliminate the normal period under particular circumstances.
What Happens After the Divorce Is Final?
The divorce is not necessarily the end of the practical work.
After receiving the final divorce judgment, you may need to update:
- Property deeds
- Vehicle titles
- Bank accounts
- Investment accounts
- Retirement accounts
- Beneficiary designations
- Life insurance
- Health insurance
- Tax records
- Business ownership records
- Estate planning documents
If a retirement account must be divided, a separate order such as a Qualified Domestic Relations Order (QDRO) may be required depending on the type of retirement plan.
A certified copy of the final divorce judgment may also be needed for certain financial or administrative changes.
Can You File for Divorce Without a Lawyer?
In many states, a person can represent themselves in a divorce case. This is commonly called pro se or self-represented.
Whether doing so is practical depends heavily on the circumstances.
A relatively simple uncontested divorce with no children, few assets, and no significant disputes may involve substantially less legal complexity than a divorce involving:
- Real estate
- A business
- Significant investments
- Retirement accounts
- High income
- Domestic violence allegations
- Child custody disputes
- Substantial debt
- Alimony disputes
- Hidden or disputed assets
Using court-provided forms does not eliminate the need to understand what the forms mean or what legal rights may be affected by an agreement.
Divorce Checklist
Before filing for divorce, gather important documents and information, including:
- Marriage certificate
- Identification documents
- Proof of residency
- Recent tax returns
- Pay stubs
- Bank statements
- Investment statements
- Retirement account statements
- Mortgage information
- Property records
- Vehicle information
- Credit-card statements
- Loan documents
- Business records
- Insurance information
- Information concerning children
- Existing court orders
Keeping organized financial records can make the divorce process substantially easier.
The Basic Divorce Process at a Glance
For most couples, the process can be summarized as:
1. Check state residency requirements
2. Determine where the divorce should be filed
3. Decide whether the divorce is uncontested or contested
4. Complete the required divorce forms
5. File the petition or complaint with the court
6. Pay the filing fee or request a fee waiver if available
7. Properly serve the other spouse
8. Exchange required financial information
9. Resolve child custody, support, property and spousal-support issues
10. Participate in mediation when required or appropriate
11. Prepare a settlement agreement or proceed toward trial
12. Attend the required court hearing
13. Obtain the final divorce judgment or decree
14. Complete property, financial, insurance and beneficiary changes after the divorce
The exact procedure, forms, deadlines and waiting periods depend on the state where the case is filed.