Divorce Residency Requirements by State
Before a court can grant a divorce, at least one spouse usually must have lived in the state for a minimum period. This residency requirement gives the state's courts the power to end the marriage. The required period is set by state statute, and the clock generally runs up to the date the divorce petition is filed or, in some places, the date the divorce is granted.
50 states and DC compared. Last checked .
At a glance
- State residency: range
- 0 months to 12 months
- Across the 45 jurisdictions with a single statewide figure.
Compare divorce residency requirements
Some states also require a period of residence in the county where the case is filed, and others set no county rule at all. Every state now allows some form of no-fault divorce, but the name of the ground and its conditions differ, such as irreconcilable differences, an irretrievable breakdown of the marriage, or living separate and apart for a set time.
51 of 51 shown
| County residency | No-fault ground | Sources | ||
|---|---|---|---|---|
| ALAlabama | 6 months if the other spouse is a nonresident | No county period; county set by venue rulesFile where the defendant lives, where the couple lived at separation, or, if the defendant is a nonresident, where the other spouse lives. | Irretrievable breakdown or incompatibility of temperamentIncompatibility must be so complete that the spouses can no longer live together. | |
| AKAlaska | No minimum period; resident when filing | Not listed | Incompatibility of temperamentAlso the basis for a joint dissolution under AS 25.24.200. | |
| AZArizona | 90 days | No county period in the residency statute | Marriage is irretrievably brokenCovenant marriages require one of the grounds in A.R.S. 25-903. | |
| ARArkansas | 60 days before filing, 3 months before decree | No county period; file where the complainant livesIf the complainant is a nonresident, the case goes to the defendant's county. | Living separate and apart for 18 monthsWithout cohabitation, voluntary or by mutual consent. | |
| CACalifornia | 6 months | 3 months in the filing county | Irreconcilable differencesDifferences that caused the irremediable breakdown of the marriage. | |
| COColorado | 91 days | No county period in the residency statute | Marriage is irretrievably broken | |
| CTConnecticut | 12 months before filing or before the decree | No county period in the residency statute | Marriage has broken down irretrievably | |
| DEDelaware | 6 months | No county period in the residency statute | Marriage is irretrievably brokenShown by voluntary separation, misconduct, mental illness or incompatibility. | |
| DCDistrict of Columbia | 6 months | Not applicable (single jurisdiction) | A spouse no longer wishes to remain marriedCurrent text of D.C. Code 16-904(a), last amended by D.C. Law 25-311 (2025). | |
| FLFlorida | 6 months | No county period in the residency statute | Marriage is irretrievably broken | |
| GAGeorgia | 6 months | No county period; 6 months if a nonresident filesA nonresident files in the respondent's county, where the respondent must have lived for 6 months before filing. | Marriage is irretrievably brokenNo decree on this ground until 30 days after service. | |
| HIHawaii | Domiciled in Hawaii when filing | File in the circuit of domicile at filingThe 3 month circuit presence rule in HRS 580-1 covers annulment and separation. | Marriage is irretrievably brokenAlso 2 years of living separate and apart. | |
| IDIdaho | 6 weeks | No county period in the residency statute | Irreconcilable differences | |
| ILIllinois | 90 days | No county period in the residency statute | Irreconcilable differences6 months of living apart before judgment creates an irrebuttable presumption. | |
| INIndiana | 6 months | 3 months in the filing countyResidence or military station in the county. A guardian may file in the guardian's county in some cases. | Irretrievable breakdown of the marriage | |
| IAIowa | 1 year unless respondent is an Iowa resident | No county period; county where either spouse resides | Breakdown of the marriage relationship | |
| KSKansas | 60 days | No county period; county set by venue rulesPetitioner's or respondent's county, or where service may be obtained. | Incompatibility | |
| KYKentucky | 180 days | No county period; county where a spouse usually residesThe action must be brought in the county where the husband or wife usually resides. | Marriage is irretrievably brokenNo decree is entered until the spouses have lived apart for 60 days, which can include living under the same roof without sexual cohabitation. | |
| LALouisiana | Domicile at filing; 6 months creates presumption | File in a parish of domicile or last marital domicileThe action must be brought in a parish where either spouse is domiciled or in the parish of the last matrimonial domicile; this venue cannot be waived. | Living separate and apart180 days without minor children, or 365 days when there are minor children of the marriage. Covenant marriages follow different rules. | |
| MEMaine | 6 months (exceptions apply) | Not listed | Irreconcilable marital differencesIf the other spouse denies it, the court may require both spouses to attend counseling. | |
| MDMaryland | None if grounds arose in MD; otherwise 6 months | Not listed | 6 month separation, irreconcilable differences or mutual consentMutual consent requires a signed settlement agreement resolving alimony, property and child issues. | |
| MAMassachusetts | 1 year, or none if cause arose in MA | No county period; county where a spouse livesIf either spouse still lives in the county where they last lived together, the case is heard in that county. | Irretrievable breakdown of the marriage | |
| MIMichigan | 180 days | 10 days in the filing countyThe 10 day county rule is waived in limited cases where a minor child is at risk of being taken out of the US by a defendant born in or a citizen of another country. | Breakdown of the marriage relationshipThe breakdown must be to the extent that the objects of matrimony have been destroyed. | |
| MNMinnesota | 180 days | No county period; county where either spouse resides | Irretrievable breakdown of the marriage relationship | |
| MSMississippi | 6 months | No county period; venue depends on the caseIrreconcilable differences cases go to the county where either spouse lives. Fault cases go to the defendant's county or the county of residence at separation, or the plaintiff's county if the defendant is a nonresident or absent. | Irreconcilable differencesRequires a joint complaint or the other spouse's consent, and the complaint must be on file for 60 days. | |
| MOMissouri | 90 days | No county period; county where either spouse resides | Marriage is irretrievably broken | |
| MTMontana | 90 days | County where a spouse lived for the 90 days before filingProper venue is a county where the petitioner or respondent resided during the 90 days before filing. | Marriage is irretrievably brokenShown by more than 180 days living separate and apart, or serious marital discord. | |
| NENebraska | 1 year | No county period; county where either spouse resides | Marriage is irretrievably broken | |
| NVNevada | 6 weeks | No county period; several county optionsOptions include where the cause accrued, where the defendant lives or may be found, where the plaintiff lives, where the spouses last lived together, or any county if the plaintiff lived 6 weeks in Nevada. | IncompatibilityLiving separate and apart for 1 year without cohabitation is also a ground. | |
| NHNew Hampshire | None if both domiciled; otherwise 1 year | No county period; county where either spouse lives | Irreconcilable differencesThe differences must have caused the irremediable breakdown of the marriage. | |
| NJNew Jersey | 1 year (none for adultery) | Not listed | Irreconcilable differences for 6 monthsLiving separate and apart for at least 18 consecutive months is also a no-fault ground. | |
| NMNew Mexico | 6 months plus domicile | No county period; county where either spouse resides | Incompatibility | |
| NYNew York | 1 year with NY ties; otherwise 2 years | Not listed | Irretrievable breakdown for at least 6 monthsOne spouse must state it under oath, and economic and custody issues must be resolved before judgment. | |
| NCNorth Carolina | 6 months | No county period; county where either spouse resides | Living separate and apart for 1 year | |
| NDNorth Dakota | 6 months | No county period in the residency statute | Irreconcilable differences | |
| OHOhio | 6 months | 90 days in the plaintiff's countyCiv.R. 3(C)(9) venue rule; Civ.R. 3 lists other counties where venue can also be proper. | Incompatibility, or 1 year living apartIncompatibility applies unless denied by either party; separation must be 1 year without interruption or cohabitation. | |
| OKOklahoma | 6 months | 30 days in the petitioner's countyOr file in the county where the respondent resides. | Incompatibility | |
| OROregon | 6 months | No county period in the residency statute | Irreconcilable differencesIrreconcilable differences that have caused the irremediable breakdown of the marriage. | |
| PAPennsylvania | 6 months | No county period; county set by venue rulesVenue depends on where the parties reside and on time since final separation (23 Pa.C.S. 3104(e)). | Mutual consent, or 1 year apart (irretrievable breakdown)Mutual consent requires 90 days after filing and consent affidavits from both spouses. | |
| RIRhode Island | 1 year | No county period in the residency statute | Irreconcilable differences | |
| SCSouth Carolina | 1 year (3 months if both spouses live in SC) | No county period in the residency statute | Living separate and apart for 1 yearSeparation must be without cohabitation. | |
| SDSouth Dakota | Resident at filing (no minimum period) | No county period in the residency statute | Irreconcilable differences | |
| TNTennessee | 6 months | No county period in the residency statute | Irreconcilable differencesAlso 2 or more years in separate residences when there are no minor children. | |
| TXTexas | 6 months | 90 days in the filing county | InsupportabilityDiscord or conflict of personalities that prevents any reasonable expectation of reconciliation. | |
| UTUtah | 90 days (in the filing county) | 90 days in the filing county | Irreconcilable differences | |
| VTVermont | 6 months to file (1 year before final hearing) | No county period in the residency statute | Living apart for 6 consecutive monthsThe court must also find that resuming marital relations is not reasonably probable. | |
| VAVirginia | 6 months | No county period in the residency statute | 1 year apart (6 months if agreement, no minor children) | |
| WAWashington | Resident (no minimum period) | No county period in the residency statute | Marriage is irretrievably broken | |
| WVWest Virginia | 1 year (no minimum if married in WV) | No county period in the residency statute | Irreconcilable differences (admitted in answer)The answer must admit the irreconcilable differences allegation. | |
| WIWisconsin | 6 months | 30 days in the filing county | Marriage is irretrievably brokenFound if both spouses state it under oath, or after 12 months living apart and one spouse states it. | |
| WYWyoming | 60 days | No county period; county where either spouse resides | Irreconcilable differences |
General information, not legal advice. Laws change, and cities can add their own rules, so check the current statute before you rely on it.
What this means in practice
Residency is about where a spouse actually lives and intends to stay, not just a mailing address. Courts may look at a driver's license, voter registration, a lease or deed, tax filings and employment records. Keeping copies of these documents can help if residency is questioned.
Meeting the residency requirement is separate from any waiting period after filing. Some states also require a period of separation before a no-fault divorce, or a cooling-off period before the final decree. Checking all of these timelines together gives a more realistic picture of when a divorce can be finalized.
Military members and their spouses often have special residency rules based on where they are stationed. If the spouses live in different states, more than one court may be able to hear the divorce, and the choice can affect issues like property division and support. A local family law attorney can confirm where to file.
Divorce Residency Requirements: state by state
- Alabama
- Alaska
- Arizona
- Arkansas
- California
- Colorado
- Connecticut
- Delaware
- District of Columbia
- Florida
- Georgia
- Hawaii
- Idaho
- Illinois
- Indiana
- Iowa
- Kansas
- Kentucky
- Louisiana
- Maine
- Maryland
- Massachusetts
- Michigan
- Minnesota
- Mississippi
- Missouri
- Montana
- Nebraska
- Nevada
- New Hampshire
- New Jersey
- New Mexico
- New York
- North Carolina
- North Dakota
- Ohio
- Oklahoma
- Oregon
- Pennsylvania
- Rhode Island
- South Carolina
- South Dakota
- Tennessee
- Texas
- Utah
- Vermont
- Virginia
- Washington
- West Virginia
- Wisconsin
- Wyoming
Frequently asked questions
What is a divorce residency requirement?
It is the minimum time at least one spouse must live in a state before its courts can grant a divorce. The length is set by state law and can range from no minimum period to a year or more.
Do both spouses have to live in the state to file for divorce?
Generally no. In most cases only one spouse needs to meet the residency requirement. Other issues, such as child custody or support, can have their own rules about which state's court may decide them.
Is there also a county residency requirement?
In some states, yes. A county rule usually decides where within the state the case may be filed, while the state rule decides whether the state's courts can hear the divorce at all. Check both before filing.
What is a no-fault divorce ground?
A no-fault ground lets a spouse get a divorce without proving wrongdoing by the other spouse. Depending on the state it may be called irreconcilable differences, an irretrievable breakdown, incompatibility or living separate and apart.
What happens if I file before meeting the residency requirement?
The court may dismiss the case or delay it until the requirement is met. Refiling later can add cost and time, so it is worth confirming the residency period before filing the petition.
Which states have the highest and lowest state residency?
Among the 45 jurisdictions with a single statewide figure, state residency ranges from 0 months (Alaska, South Dakota and Washington) to 12 months (Connecticut, Iowa, Nebraska, New Jersey, New York and Rhode Island and others). The most common figure is 6 months (23 jurisdictions). Check each state's page for exceptions.