How Divorce Laws Vary by State
Residency Requirements Vary
Before a court will accept a divorce petition, the filing spouse must meet the state's residency requirement. These requirements exist to establish that the court has proper jurisdiction over the case. Residency rules differ substantially across states.
Some states, such as Illinois and Arizona, require just 90 days of residency before filing. Others, including California, Texas, and Florida, require six months. New York has one of the longest requirements, with a continuous two-year residency period required in certain circumstances, or one year if the marriage took place in the state or the grounds for divorce arose there.
Filing in the wrong jurisdiction or before meeting the residency threshold can result in the petition being dismissed, adding delay and additional cost. Verifying your state's residency requirement before preparing paperwork is a critical first step.
Waiting Period Differences
Many states impose a mandatory waiting period between the filing of the divorce petition and the date the court can issue a final decree. These waiting periods serve as a cooling-off period and vary significantly across jurisdictions.
Florida has one of the shortest mandatory waiting periods at 20 days. Georgia requires 30 days from the date the respondent is served. Texas and Arizona each require 60 days. Washington and Pennsylvania impose 90-day periods. California requires a full six months, and North Carolina mandates a one-year separation before filing is even permitted.
New York is notable in that it does not impose a mandatory post-filing waiting period for uncontested divorces, though processing times depend on court workload and paperwork completeness.
Filing Fee Ranges Nationwide
Court filing fees are required in every state when a divorce petition is submitted. These fees are paid directly to the court and are separate from any costs associated with form preparation, attorney fees, or service of process charges.
Filing fees vary widely. Georgia charges approximately $200 to $250, while California charges around $435. Florida fees range from $400 to $410. New York requires a $210 filing fee plus a $125 Request for Judicial Intervention fee. Most states fall in the $200 to $400 range, with exact amounts varying by county within some states.
For individuals who cannot afford filing fees, most states offer a fee waiver process. Eligibility is typically based on income level, enrollment in public assistance programs, or demonstrated financial hardship and is determined solely by the court. In many cases, approved fee waivers can significantly reduce total court costs, depending on eligibility and court approval. Every InFormer divorce kit includes the official fee waiver request forms for that state at no additional cost so you have access to that option if applicable.
Fault vs. No-Fault States
All 50 states now permit some form of no-fault divorce, meaning a spouse can file without proving specific wrongdoing by the other party. The most commonly cited no-fault ground is "irreconcilable differences" or "irretrievable breakdown of the marriage."
However, many states also retain fault-based grounds. States like Texas, New York, Georgia, North Carolina, and Pennsylvania allow both no-fault and fault-based filings. Fault-based grounds may include adultery, abandonment, cruelty, or imprisonment. Whether filing on fault-based grounds affects property division, spousal support, or custody outcomes depends on the specific state's statutes.
States like California, Florida, Illinois, Arizona, and Washington are purely no-fault states. In these jurisdictions, the court does not consider allegations of misconduct when granting the divorce.
Parenting Classes & Mediation
When minor children are involved in a divorce, many states require one or both parents to complete a court-approved parenting education course before the divorce can be finalized. These courses typically cover the impact of divorce on children, co-parenting communication, and conflict resolution.
Some states also require or strongly encourage mediation for custody and visitation disputes before the court will schedule a hearing. Mediation requirements vary by state and sometimes by county. Whether a parenting class is mandatory, optional, or county-specific is detailed on each state's filing requirements page.
InFormer offers separate kit options for cases with and without minor children. The "With Children" kit includes the additional forms and documentation typically required when children are part of the case, including parenting plan templates where applicable.
State-by-State Divorce Filing Comparison
The tables below compare residency requirements, waiting periods, filing fees, and fault types across ten of the most populous U.S. states. For complete details, visit each state's individual page.
Residency Requirements
| State | Residency Requirement |
|---|---|
| California | 6 months state, 3 months county |
| Texas | 6 months state, 90 days county |
| Florida | 6 months state |
| New York | 2 years (or 1 year if married in NY) |
| Illinois | 90 days state |
| Georgia | 6 months state |
| North Carolina | 6 months state |
| Arizona | 90 days state |
| Washington | Resident at time of filing |
| Pennsylvania | 6 months state |
Waiting Periods
| State | Mandatory Waiting Period |
|---|---|
| California | 6 months from service |
| Texas | 60 days from filing |
| Florida | 20 days from filing |
| New York | None (uncontested) |
| Illinois | 6 months separation |
| Georgia | 30 days from service |
| North Carolina | 1 year separation before filing |
| Arizona | 60 days from service |
| Washington | 90 days from filing/service |
| Pennsylvania | 90 days from service |
Filing Fee Ranges
| State | Typical Filing Fee |
|---|---|
| California | ~$435 |
| Texas | $250 – $350 |
| Florida | $400 – $410 |
| New York | $210 + $125 RJI fee |
| Illinois | $250 – $388 |
| Georgia | $200 – $250 |
| North Carolina | $225 – $250 |
| Arizona | $300 – $350 |
| Washington | ~$314 |
| Pennsylvania | $200 – $350 |
Fault Type by State
| State | Fault Type |
|---|---|
| California | No-Fault Only |
| Texas | No-Fault & Fault-Based |
| Florida | No-Fault Only |
| New York | No-Fault & Fault-Based |
| Illinois | No-Fault Only |
| Georgia | No-Fault & Fault-Based |
| North Carolina | No-Fault & Fault-Based |
| Arizona | No-Fault Only |
| Washington | No-Fault Only |
| Pennsylvania | No-Fault & Fault-Based |
How InFormer Divorce Form Kits Work
InFormer provides pre-organized divorce form kits for uncontested cases in all 50 states. Each kit is organized to reflect publicly available filing requirements of a single state and includes the documentation commonly required to initiate and complete the process.
- State-specific forms based on publicly available court documents
- General step-by-step overview of the filing process for informational purposes
- Official fee waiver request forms included at no additional cost
- Separate kit options for cases with children ($199) and without children ($175)
- One-time flat pricing with no subscriptions, recurring fees, or hidden charges
- InFormer is not a law firm and does not provide legal advice or court representation
InFormer kits are designed as general informational resources for individuals who are preparing their own uncontested divorce paperwork. We do not select forms based on your specific situation, and materials may not be appropriate for every case. Individuals with contested cases, complex asset divisions, or custody disputes should consider consulting a licensed family law attorney.
Why InFormer Is Different
InFormer vs. Online Divorce Services
- InFormer charges a one-time flat fee with no recurring monthly billing. Many online divorce services use subscription pricing or add charges as you progress through their process.
- Every InFormer kit includes official fee waiver request forms at no additional cost. Most online services do not bundle fee waiver documentation.
- InFormer does not upsell attorney consultations, legal review add-ons, or premium tiers. The kit price is the complete price.
- InFormer provides general legal information and self-help forms only and does not provide legal advice. Online services that include attorney access may offer guidance InFormer does not.
InFormer vs. Hiring a Divorce Attorney
- Attorney-assisted divorce typically costs $1,500 to $5,000 or more depending on case complexity. InFormer kits are priced at $175 or $199 as a one-time payment.
- Attorneys provide legal advice, court representation, and negotiation support that InFormer does not offer. For contested cases or complex asset divisions, legal counsel may be necessary.
- InFormer kits allow individuals to prepare and file paperwork at their own pace without scheduling around an attorney's availability.
InFormer provides general legal information and structured self-help forms. We do not provide legal advice. Court acceptance and outcomes are not guaranteed and depend on individual circumstances and jurisdiction. Individuals with contested cases or complex legal issues should consider consulting an attorney.
Compare Divorce Laws Across States
Divorce laws vary significantly across the United States. Each state sets its own residency requirements, waiting periods, and filing fees. Explore the state-by-state comparison guides below to better understand how divorce laws differ nationwide.
Divorce Forms by State
Select your state below to view specific divorce filing requirements and access the corresponding InFormer divorce form kit. You can also browse all state filing requirements on our state hub page.