Divorce Residency Requirements
Before filing for divorce in a state, you or your spouse must have lived there for a minimum time set by law. Additionally, some states require one spouse to live in the county where the divorce will be filed for a minimum length of time prior to filing. If you are completing your divorce forms online, the DivorceWriter interview provides the information you need to select the right state and county for filing your divorce.
Most commonly, the in-state residency minimum is three to six months, but the requirements vary depending on the state and the circumstances. Alaska, South Dakota, and Washington have no minimum residency requirement and you can file for divorce in those states immediately upon moving there. In Idaho and Nevada, the spouse seeking the divorce need only live there for six weeks before filing.
Depending on the state, the minimum residency requirement may be reduced if:
- both spouses live in-state,
- the cause of the divorce occurred in that state (usually irreconcilable differences or an irretrievable breakdown of the marriage), or
- if the couple was married there.
In New York, for example, the minimum residency requirement varies from no minimum to two years depending on which of those circumstances apply. The chart below indicates which states allow for a reduced minimum residence period.
In which county should I file for divorce?
Most states don't require a spouse to live in the filing county for a minimum time before filing for divorce there. Usually, the divorce is filed in the county where the filing spouse currently lives. When states do have a minimum in-county requirement, it tends to be less than the in-state residency requirement. In some states, you may file in the county where either spouse lives unless one spouse is still living in the county where the couple last lived together, in which case the divorce must be filed there. In other states, when both spouses live in-state, the divorce should be filed in the non-filing spouse's county if the spouses live in different counties.
| State | Residency Requirements |
|---|---|
| Alabama | State: No in-state minimum if both spouses live in state. 180 days if only one spouse lives in state. County: No in-county minimum. If the Defendant lives in Alabama, file either in Defendant's county or the county where the parties lived together when the separation occurred. If the Defendant is not an Alabama resident, file in Plaintiff's county. |
| Alaska | State: No in-state minimum residency requirement. County: No in-county minimum. File in the county where either spouse resides. |
| Arizona | State: 90 days County: No in-county minimum. File in the county where either spouse resides. |
| Arkansas | State: 60 days County: No in-county minimum. File in Plaintiff's county. If Plaintiff lives out of state, file in non-filing Defendant's county. |
| California | State: 180 days County: 90 days |
| Colorado | State: 91 days County: No in-county minimum. File in the county where either spouse resides. |
| Connecticut | State: 365 days County/City: No in-county minimum. File in the county/city where the Defendant lives. If the Defendant does not live in Connecticut, file in the county/city where the Plaintiff lives. |
| Delaware | State: 180 days County: No in-county minimum. File in the county where either spouse resides. |
| District of Columbia | State: 180 days County: |
| Florida | State: 180 days County: No in-county minimum. File either in the county where the parties last lived together or the county where the Respondent resides. If neither applies, file in Petitioner's county. |
| Georgia | State: 180 days County: No in-county minimum. You can always file in Respondent's county. If Respondent doesn't live in-state, file in Petitioner's county. If both spouses agree on any other county, DivorceWriter provides a form for the Respondent to sign consenting to the jurisdiction of the court in the agreed upon county. |
| Hawaii | State: 180 days Island: 30 days on the island |
| Idaho | State: 45 days County: No in-county minimum. File in the county where either spouse resides. |
| Illinois | State: 90 days County: No in-county minimum. File in the county where either spouse resides. |
| Indiana | State: 180 days County: 90 days |
| Iowa | State: 365 days County: No in-county minimum. File in the county where either spouse resides. |
| Kansas | State: 60 days County: No in-county minimum. File in the county where either spouse resides. |
| Kentucky | State: 180 days County: No in-county minimum. File in the county where either spouse resides. |
| Louisiana | State: 365 days Parish: No in-parish minimum. File in the parish where either spouse resides or where the spouses last lived together. |
| Maine | State: No in-state minimum if either: (1) the spouses married in state or (2) the breakdown of the marriage occurred in state. 180 days if neither of those apply. County: No in-county minimum. File in the county where either spouse resides. |
| Maryland | State: None if the breakdown of the marriage happened in state; 365 days if the marriage broke down out of state County: No in-county minimum. File in the county where either spouse resides. |
| Massachusetts | State: None if the breakdown of marriage happened in state; 365 days if the marriage broke down out of state County: No in-county minimum. If either spouse lives in the county where they last lived together as a married couple, file in that county. If neither spouse does, file in the county where either spouse resides. |
| Michigan | State: 180 days County: 10 days |
| Minnesota | State: 180 days County: No in-county minimum |
| Mississippi | State: 180 days County: No in-county minimum. File in the county where either spouse resides. |
| Missouri | State: 90 days County: No in-county minimum. File in the county where either spouse resides. |
| Montana | State: 90 days County: No in-county minimum. File in the county where either spouse resides. |
| Nebraska | State: None if you were married in Nebraska and at least one spouse still lives there. 365 days if married in another state County: No in-county minimum. File in the county where either spouse resides. |
| Nevada | State: 45 days
County: No in-county minimum. File in the county where the Petitioner resides. Carson City filers will file at the Carson City District Court Clerk's office. |
| New Hampshire | State: None if both spouses live in state; 365 days if only one spouse lives in state County: No in-county minimum. File in the county where either spouse resides. |
| New Jersey | State: 365 days County: No in-county minimum
|
| New Mexico | State: 180 days County: No in-county minimum. File in the county where either spouse resides. |
| New York | State: None, if both spouses live in New York and the cause of the divorce happened in state.
365 days if:
730 days if:
County: No in-county minimum. File in the county where either spouse resides. |
| North Carolina | State: 180 days County: No in-county minimum. File in the county where either spouse resides. |
| North Dakota | State: 180 days County: No in-county minimum. File in Defendant's county if Defendant lives in state. Otherwise, Plaintiff may file in any county. |
| Ohio | State: 180 days County: 90 days |
| Oklahoma | State: 180 days County: No in-county minimum if filed in Respondent's county or 30 days if filed in Petitioner's county. |
| Oregon | State: None if you were married in state. 180 days if you were married in another state. County: No in-county minimum. File in the county where either spouse resides. |
| Pennsylvania | State: 180 days County: No in-county minimum. File in the county where either spouse resides or in any Pennsylvania county if the spouses have agreed in a writing attached to the Complaint or by participating in the proceeding. |
| Rhode Island | State: 365 days County: No in-county minimum. File in Plaintiff's county as long as Plaintiff meets the 365-day in-state residency requirement. If not, file in Defendant's county provided Defendant meets the 365-day in-state residency requirement. |
| South Carolina | State: 90 days if both spouses live in state; 365 days if only one spouse lives in state. County: No in-county minimum. File in the county where (1) the Defendant resides at the time the divorce is filed, (2) the Plaintiff resides if the Defendant is a non-resident and cannot be located, or (3) where the parties last resided together as husband and wife unless the Plaintiff is not a resident of South Carolina in which case you should file in the county where Defendant resides. |
| South Dakota | State: No minimum residency requirement. County: No in-county minimum. File in the county where either spouse resides. |
| Tennessee | State: None if grounds for divorce happened in state. 180 days if the grounds for divorce happened in another state. County: No in-county minimum. File in the county where the parties resided together at the time of their separation or in the county where the Defendant resides. If the Defendant is not a resident of Tennessee or is incarcerated, file in the county where the Plaintiff resides. |
| Texas | State: 180 days County: 90 days |
| Utah | State: 90 days County: No in-county minimum. File in the county where either spouse resides. |
| Vermont | State: 180 days County: No in-county minimum. File in the county where either spouse resides. |
| Virginia | State: 180 days County/City: No in-county minimum. File in the county or city where (1) the spouses last resided together, (2) the Defendant resides, if the Defendant is a resident of Virginia, and (3) the Plaintiff resides, if the Defendant is a nonresident of Virginia. |
| Washington | State: No minimum in-state residency requirement. County: No in-county minimum and you may file in any county, regardless of where you and your spouse live in WA. |
| West Virginia | State: 365 days County: No in-county minimum.
|
| Wisconsin | State: 180 days County: 90 days |
| Wyoming | State: None if the marriage occurred in the state and the filing spouse has lived in Wyoming since the marriage date. Otherwise, 60 days. County: No in-county minimum. File in the county where either spouse resides. |
Do I have to file for divorce where I live?
Most people don't realize that when spouses live in difference states, an out-of-state spouse can usually file for divorce in his or her spouse's state as long as the in-state spouse meets any minimum residency requirements. While this is somewhat unusual, it might be desirable if, for example, your spouse lives in a state with a shorter residency requirement or a significantly lower filing fee, but he or she simply doesn't want the hassle of being the one who files the paperwork. In such cases, the filing spouse may find it worth his or her effort to file for divorce out-of-state, even if it means traveling there for the divorce hearing.
In divorces with minor children, however, it is generally best to file in the home state of the children, ideally the place where the children have lived for at least six months and will most likely remain indefinitely. Otherwise, the Court may not have jurisdiction over issues like custody and child support, which could complicate your divorce by leaving these important matters unresolved. Moreover, one or both spouses may want to modify custody, visitation and/or child support at some point down the road before the children reach adulthood. If you and your children are still living in the state where the divorce was granted, the modification process is much easier because the divorce court retains jurisdiction over those matters.
What's it all mean?
As a practical matter, most couples live in the same state and easily meet the in-state minimum residency requirements for divorce. When spouses live in different states, either spouse's home state is probably an option for divorce, although spouses with minor children will find divorce the easiest when they file in the state where the children live.
See Also
- Where to File for Divorce You know which state and county you should file in, but what court do you actually file for divorce at?
- Divorce Filing Fees in the U.S.
- Divorce Rate in America
