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Most states require at least one spouse, usually the one filing the divorce petition, to be a resident of the state for a period of time prior to filing for divorce there.
Some states require domicile, which means you met a set of standards less demanding than residency requirements to show that you plan to live in the state. Other states require that you be a resident of the state for a specific time period before filing for divorce.
Most states have rules specific to those serving our country and looking for a military divorce. In a few states, the residency requirement may be longer if the cause of the divorce occurred outside of the state.
Below is a general summary of each state's residency requirement for getting a divorce. The residency requirements can be complicated and depend on the circumstances of your divorce.
If you have more questions about the residency requirements for divorce in your state or if you meet the divorce requirements, speak to a local divorce lawyer.
Get legal advice about how divorce laws in your state and state requirements could affect the length of your divorce process. Fill out a divorce case review form or call 877-349-1310 to get started today.
The following are the state residency requirements for filing for divorce in each state as of April, 2009:
| State | Divorce Residency Requirement |
|---|---|
| Alabama | 6 months before filing |
| Alaska | Must be a resident of the state 30 days if in a military branch |
| Arizona | 90 days before filing |
| Arkansas | 60 days before filing |
| California | 6 months before filing |
| Colorado | 90 days before the start of the proceedings |
| Connecticut | 1 year 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 | Must be a resident of the state 6 months before filing if in a military branch |
| Iowa | 1 year before filing |
| Kansas | 60 days before filing |
| Kentucky | 180 days before filing |
| Louisiana | 1 year before filing |
| Maine | 6 months before filing |
| Maryland | 1 year if grounds happened outside state 2 years if filing on grounds of insanity |
| Massachusetts | Resident of state if grounds happened in state 1 year if grounds happened outside 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 |
| South Carolina | 1 year before filing if one party is not a resident 3 months if both are residents of the state |
| South Dakota | Must be a resident of the state |
| Tennessee | 6 months before filing |
| Texas | 6 months before filing |
| Utah | 3 months before filing |
| Vermont | 6 months before filing |
| Virginia | 6 months before filing |
| Washington | Must be a resident of the state |
| West Virginia | 1 year before filing Requirement waived if married in state |
| Wisconsin | 6 months before filing |
| Wyoming | 60 days before filing |
The state residency requirements before filing for divorce may vary depending on the circumstances of the case, and the above summary is not intended to serve as legal advice. Laws may have changed since our last update. For the latest information on residency requirements before filing for divorce, speak to a local divorce lawyer in your state.