State Residency Requirements for Divorce
Most states require at least one party, usually the party filing, to be a resident of the state for a period of time prior to filing for divorce. Some states require domicile, some merely residency. Domicile means residing in the state with the intent to reside in the state rather than just temporarily living in the state. Most states have rules specific to members of military residing within the state. In a few states, the residency requirement is longer if the cause of the divorce occurred outside of the state.
Below is each state's residency requirement for getting a divorce. And if you have any more questions about the residency requirement for filing for divorce in your state, speak to a local divorce lawyer as soon as possible. At Total Divorce, our sponsoring divorce attorneys can fill you in on the divorce laws in your state regarding residency and the divorce decree waiting period, and answer any other divorce questions that you may have. Simply fill out our divorce case review form or call 1 (877) 349-1310 to get started, and we'll get you in touch with one of our sponsoring divorce lawyers in your area.
Residency Requirements for Filing for Divorce in All 50 States!
| Residency Requirement for Filing Divorce | Time Period |
|---|---|
| Alabama | 6 months before filing |
| Alaska | No statutory provision |
| Arizona | 90 days before filing |
| Arkansas | 60 days before filing |
| California | No statutory provision |
| Colorado | 90 days prior to divorce decree |
| Connecticut | 12 months prior to divorce decree |
| Delaware | 6 months before filing |
| District of Columbia | 6 months before filing |
| Florida | 6 months before filing |
| Georgia | 6 months before filing |
| Hawaii | 6 months before filing |
| Idaho | 6 weeks before filing |
| Illinois | 90 days before filing |
| Indiana | 6 weeks before filing |
| Iowa | 1 year before filing |
| Kansas | 60 days before filing |
| Kentucky | 180 days before filing |
| Louisiana | 12 months before filing |
| Maine | 6 months before filing |
| Maryland | No statutory provision |
| Massachusetts | No statutory provision if both parties are residents of state |
| Michigan | 180 days before filing |
| Minnesota | 180 days before filing |
| Mississippi | 6 months before filing |
| Missouri | 90 days before filing |
| Montana | 90 days before filing |
| Nebraska | 1 year before filing |
| Nevada | 6 weeks before filing |
| New Hampshire | 1 year before filing |
| New Jersey | 1 year before filing |
| New Mexico | 6 months before filing |
| New York | 1 year before filing |
| North Carolina | 6 months before filing |
| North Dakota | 6 months before filing |
| Ohio | 6 months before filing |
| Oklahoma | 6 months before filing |
| Oregon | 6 months before filing |
| Pennsylvania | 6 months before filing |
| Rhode Island | 1 year before filing, but only 3 months if both parties are residents of the state |
| South Carolina | 1 year before filing |
| South Dakota | No statutory provision |
| Tennessee | 6 months before filing |
| Texas | 6 months before filing |
| Utah | 6 months before filing |
| Vermont | 6 months before filing |
| Virginia | 6 months before filing |
| Washington | No statutory provision |
| West Virginia | 1 year before filing. Requirement waived if marriage took place in state. |
| Wisconsin | 6 months before filing |
| Wyoming | 6 months before filing |