Divorce Filing Requirements by State (2026)

By Monique Drake, Attorney, Published July 25, 2026. 

Reviewed by Richard Perque, Attorney and former judge, Last updated July 25, 2026

Quick answer: Every U.S. state now allows no-fault divorce, but the rules for filing differ widely. Residency requirements range from none (Alaska, South Dakota, Washington) to one year or more (Connecticut, Iowa, Massachusetts, New Jersey). Waiting periods range from zero to six months or longer. Filing fees run from about $80 (North Dakota, D.C.) to over $400 (California, Florida). The table below compares all 50 states and D.C.

How to read this table

Residency is how long at least one spouse must have lived in the state before filing. Waiting period is the minimum time between filing (or service) and when a court can finalize the divorce; some states instead require a period of separation before you can file, noted where it applies. Filing fee is the approximate court cost to open a divorce case; most states charge more in some counties, and fee waivers are available for low-income filers everywhere. Child support model is the formula the state uses: income shares (both parents' incomes combined), percentage of income (a flat share of the paying parent's income), or the Melson formula (a needs-based variant). Property system is how marital assets are divided: community property states presume a 50/50 split of marital assets, equitable distribution states divide based on fairness factors.

Divorce requirements in all 50 states and D.C.

Filing fees are approximate 2026 ranges and vary by county; verify the current fee with your local court clerk. Every state offers fee waivers for filers who can't afford the fee. Waiting periods shown are the general rule; exceptions exist for fault grounds, military service, and mutual-consent procedures in several states. Last reviewed July 25, 2026.

The nine community property states

Arizona, California, Idaho, Louisiana, Nevada, New Mexico, Texas, Washington, and Wisconsin treat most property acquired during the marriage as jointly owned and presume an equal split. The other 41 states and D.C. use equitable distribution, where a judge divides marital property based on fairness factors such as the length of the marriage, each spouse's earnings, and contributions to the household. Equitable doesn't mean equal: a 60/40 or 70/30 division is possible where circumstances justify it.

The three child support formulas

Forty-one states and D.C. use the income shares model, which combines both parents' incomes, looks up the support amount an intact household at that income would spend on the children, and splits it in proportion to each parent's income. Six states (Alaska, Mississippi, Nevada, North Dakota, Texas, Wisconsin) use a percentage of income model, applying a flat percentage to the paying parent's income (in Texas, for example, 20% of net resources for one child). Delaware, Hawaii, and Montana use the Melson formula, which reserves a self-support amount for each parent before calculating support. For a full walkthrough of how the math works, see How Is Child Support Calculated?

Which states are fastest and slowest?

If both spouses agree on everything, the fastest divorces happen in states with no residency minimum and no waiting period, or short ones: Alaska, Nevada (6-week residency, no waiting period), South Dakota, and New Hampshire. The slowest are states that require a separation period before you can even file: North Carolina and South Carolina (one year), Arkansas's no-fault ground (18 months), and Louisiana with minor children (365 days). California deserves a special mention: even a fully agreed divorce cannot be finalized until six months after service.

This page is general information, not legal advice. Requirements change; always confirm current rules with your state court's self-help center or a licensed attorney. Ready to start? DivorcePlus offers state-by-state DIY divorce guides and forms and a directory of divorce coaches who can walk you through the process.