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Divorce Forms & Filing Requirements by State (2026)

Divorce is governed at the state level in the United States. Each of the 50 states sets its own residency requirements, mandatory waiting periods, court filing fees, and procedural rules. The forms required, the disclosures mandated, and the fee waiver processes available all differ depending on where you file.

InFormer provides organized, state-specific divorce form kits based on publicly available court materials for uncontested cases. All filing requirement information on this site is based on publicly available state court websites and judiciary publications. Divorce can become expensive due to court filing fees and other required costs. Each kit includes a state-specific fee waiver form at no additional cost so you have access to that option if applicable.

Select Your State to View Filing Requirements & Available Forms ↓

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

StateResidency Requirement
California6 months state, 3 months county
Texas6 months state, 90 days county
Florida6 months state
New York2 years (or 1 year if married in NY)
Illinois90 days state
Georgia6 months state
North Carolina6 months state
Arizona90 days state
WashingtonResident at time of filing
Pennsylvania6 months state

Waiting Periods

StateMandatory Waiting Period
California6 months from service
Texas60 days from filing
Florida20 days from filing
New YorkNone (uncontested)
Illinois6 months separation
Georgia30 days from service
North Carolina1 year separation before filing
Arizona60 days from service
Washington90 days from filing/service
Pennsylvania90 days from service

Filing Fee Ranges

StateTypical 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

StateFault Type
CaliforniaNo-Fault Only
TexasNo-Fault & Fault-Based
FloridaNo-Fault Only
New YorkNo-Fault & Fault-Based
IllinoisNo-Fault Only
GeorgiaNo-Fault & Fault-Based
North CarolinaNo-Fault & Fault-Based
ArizonaNo-Fault Only
WashingtonNo-Fault Only
PennsylvaniaNo-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.

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Information Verified: January 2026 Sources: Official State Court Websites Content Type: Informational Resource (Not Legal Advice) No Guarantee of Court Acceptance or Outcomes

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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.