Divorce Residency Requirements by State
The table below shows the residency requirement and waiting period for each state. Click on any state name to view detailed filing requirements, fees, and downloadable divorce form kits.
| State | Residency Requirement | Waiting Period |
|---|---|---|
| California | At least one spouse must have lived in California for six months and i | California requires a mandatory six-month waiting period from the date |
| Texas | At least one spouse must have been a resident of Texas for six months | Texas requires a mandatory 60-day waiting period from the date the div |
| Florida | At least one spouse must have been a resident of Florida for six month | Florida requires a mandatory 20-day waiting period from the date the petition is filed before a final hearing can be held |
| New York | At least one spouse must have been a resident of New York for a contin | New York does not impose a mandatory waiting period after filing for an uncontested divorce |
| Illinois | At least one spouse must have been a resident of Illinois for at least | Illinois requires that the parties live separate and apart for a continuous period of six months before the court may enter a judgment of dissolution |
| Pennsylvania | At least one spouse must have been a bona fide resident of Pennsylvani | Pennsylvania requires a 90-day waiting period from the date of service of the divorce complaint before the case can proceed on a no-fault basis with mutual consent |
| Ohio | At least one spouse must have been a resident of Ohio for six months a | Ohio does not have a mandatory waiting period for divorce actions, but |
| Georgia | At least one spouse must have been a bona fide resident of Georgia for | Georgia requires a mandatory 30-day waiting period from the date the r |
| North Carolina | At least one spouse must have been a resident of North Carolina for si | North Carolina requires a mandatory one-year separation period during |
| Michigan | At least one spouse must have been a resident of Michigan for 180 days | Michigan requires a mandatory 60-day waiting period for divorces without minor children, and a six-month waiting period when minor children are involved |
| Arizona | At least one spouse must have been domiciled in Arizona for at least 9 | Arizona requires a mandatory 60-day waiting period from the date the r |
| Washington | The petitioner must be a resident of Washington State at the time of filing | Washington requires a mandatory 90-day waiting period from the date th |
| Virginia | At least one spouse must have been a resident and domiciliary of Virgi | Virginia requires a separation period of at least six months if there |
| Tennessee | At least one spouse must have been a resident of Tennessee for at least six months before filing | Tennessee requires a mandatory 60-day waiting period for divorces with |
| Indiana | At least one spouse must have been a resident of Indiana for at least | Indiana requires a mandatory 60-day waiting period from the date the p |
| Missouri | At least one spouse must have been a resident of Missouri for at least | Missouri requires a mandatory 30-day waiting period from the date the |
| Wisconsin | At least one spouse must have been a resident of Wisconsin for at leas | Wisconsin requires a mandatory 120-day waiting period from the date th |
| Colorado | At least one spouse must have been domiciled in Colorado for at least | Colorado requires a mandatory 91-day waiting period from the date the |
| Minnesota | At least one spouse must have been a resident of Minnesota for at leas | Minnesota does not impose a mandatory waiting period for uncontested d |
| Alabama | At least one spouse must have been a bona fide resident of Alabama for | Alabama requires a mandatory 30-day waiting period from the date the c |
| New Jersey | At least one spouse must have been a resident of New Jersey for at lea | New Jersey does not impose a mandatory waiting period after filing |
| Massachusetts | If the cause of divorce occurred within the state, either spouse may file in Massachusetts | Massachusetts requires a mandatory 120-day waiting period (called a ni |
| Maryland | At least one spouse must have been a resident of Maryland for at least six months before filing | Maryland does not impose a mandatory waiting period after filing for an uncontested divorce based on mutual consent |
| South Carolina | If both spouses are residents of South Carolina, at least one must have lived in the state for three months before filing | South Carolina does not impose a mandatory post-filing waiting period for fault-based divorces |
| Kentucky | At least one spouse must have been a resident of Kentucky for 180 days | Kentucky requires a mandatory 60-day waiting period from the date the |
| Oregon | If the marriage took place in Oregon, there is no residency requirement | Oregon does not impose a mandatory waiting period for dissolution of m |
| Nevada | At least one spouse must have been a resident of Nevada for at least s | Nevada does not impose a mandatory waiting period after filing for divorce |
| Oklahoma | At least one spouse must have been a resident of Oklahoma for six months before filing for divorce | Oklahoma requires a mandatory 10-day waiting period for divorces witho |
| Kansas | At least one spouse must have been a resident of Kansas for at least 6 | Kansas requires a mandatory 60-day waiting period from the date the pe |
| Utah | The petitioner must have been a resident of Utah and the county of fil | Utah requires a mandatory 30-day waiting period from the date the petition is filed before a divorce decree can be entered |
| Iowa | At least one spouse must have been a resident of Iowa for at least one | Iowa requires a mandatory 90-day waiting period from the date the peti |
| Arkansas | At least one spouse must have been a resident of Arkansas for at least | Arkansas requires a mandatory 30-day waiting period from the date the |
| Mississippi | At least one spouse must have been a bona fide resident of Mississippi | Mississippi requires a mandatory 60-day waiting period from the date t |
| Nebraska | At least one spouse must have been a resident of Nebraska for at least | Nebraska requires a mandatory 60-day waiting period from the date the |
| Idaho | At least one spouse must have been a resident of Idaho for six weeks before filing for divorce | Idaho requires a mandatory 20-day waiting period from the date the res |
| Alaska | There is no minimum residency duration required to file for divorce in Alaska | Alaska requires a mandatory 30-day waiting period from the date the re |
| Hawaii | At least one spouse must have been a resident of Hawaii for at least six months before filing for divorce | Hawaii does not impose a mandatory waiting period after filing for an uncontested divorce |
| Montana | At least one spouse must have been domiciled in Montana for at least 9 | Montana requires a mandatory 20-day waiting period from the date the r |
| Wyoming | At least one spouse must have been a resident of Wyoming for at least | Wyoming requires a mandatory 20-day waiting period from the date the r |
| North Dakota | At least one spouse must have been a resident of North Dakota for at l | North Dakota requires a mandatory 60-day waiting period from the date |
| South Dakota | At least one spouse must be a resident of South Dakota at the time of | South Dakota requires a mandatory 60-day waiting period from the date |
| Vermont | At least one spouse must have been a resident of Vermont for at least six months before filing for divorce | Vermont requires that at least six months pass from the date the defen |
| New Hampshire | Both parties must have been domiciled in New Hampshire at the time of | New Hampshire does not impose a mandatory waiting period after filing, |
| Rhode Island | At least one spouse must have been domiciled in Rhode Island for at le | Rhode Island requires a mandatory 60-day waiting period after a decisi |
| Delaware | At least one spouse must have been a resident of Delaware for at least | Delaware does not impose a mandatory post-filing waiting period for uncontested divorces |
| West Virginia | At least one spouse must have been a bona fide resident of West Virgin | West Virginia does not impose a mandatory waiting period after filing |
| Louisiana | At least one spouse must have been domiciled in Louisiana at the time of filing | Louisiana requires a mandatory 180-day waiting period (living separate |
| Maine | At least one spouse must have been a resident of Maine for at least si | Maine requires a mandatory 60-day waiting period from the date the com |
| Connecticut | At least one spouse must have been a resident of Connecticut for at least 12 months before a divorce can be granted | Connecticut requires a mandatory 90-day waiting period from the date t |
| New Mexico | At least one spouse must have been domiciled in New Mexico for at leas | New Mexico requires a mandatory 30-day waiting period from the date th |
How Long Do You Have to Live in a State to File for Divorce?
The time required to establish residency before filing for divorce varies by state. Some states, such as Nevada, allow divorce filing after as little as six weeks of residency. Others require six months or longer. In addition to state residency, many courts require a shorter county residency period before filing.
How Divorce Residency Requirements Work
Why do states require residency? Residency requirements exist to establish that a state has jurisdiction over your divorce case. Courts need a connection to the state before they can make decisions about property division, custody, and support. Without residency requirements, courts would have to handle cases from people with no connection to the state.
What counts as residency? Generally, residency means you must physically live in the state for the required period. Some states also have county-level requirements, meaning you must live in a specific county for a shorter period (like California's 3-month county requirement after 6 months statewide).
How are waiting periods different from residency? Residency requirements must be met BEFORE filing for divorce, while waiting periods begin AFTER filing. A waiting period is the mandatory time between filing your divorce petition and the date the court can issue a final divorce decree. Some states have no waiting period (allowing divorces to be finalized immediately upon meeting residency), while others require waiting periods of 6 months or longer.
Related Comparison Guides
Divorce laws vary significantly across the United States. Explore additional state-by-state comparisons below to better understand residency requirements, waiting periods, and filing costs.