State Divorce Laws

Divorce Law

There has been a lot of talk in the news recently about what constitutes a traditional marriage. These discussions usually include advocacy for saving marriages. The harsh reality is that in American over 40% of all marriages end in divorce. The percentage of divorces actually increases the longer the marriage lasts. Couples married for 15 years are more likely to divorce than couples married just five years.

There was time when obtaining a divorce as a very difficult and a time consuming process. For many people, this meant a six week vacation to Nevada where they could establish residency and then file for a divorce. Today, Nevada still ranks as number one when it comes to the highest number of divorces. The top five divorce states that round out the highest divorce rate are Arkansas, Alabama, Wyoming and Idaho.

If you or someone you know is considering a divorce, it’s important you get information about your state’s divorces laws. The more you know, the easier the process will become.

Grounds for Divorce

Each state has set their own set of divorce laws. The primary function of these laws is to determine the grounds for divorce. Just like anyone who wants to get married needs to get a state license, anyone who wants to get divorced needs to be legally granted that decree by the courts.

Many states have adopted a no-fault divorce policy. This essentially means that both spouses have agreed that the marriage is broken and simply can’t be fixed. On the other hand, if only one spouse petitions the court for a divorce, they will need to prove those grounds as defined by the state. Some of those reasons can include cheating, mental or physical abuse, or abandonment.

Distribution of Property in Divorces

Just because a couple is in agreement over their marriage failing doesn’t mean they’ll be in agreement over who gets what. Some states like California are community property states. This means that every asset that was acquired during the marriage is to be equally distributed between the spouses. There’s not a lot of give and take with community property laws.

The other type of distribution is called equitable distribution. This is where a judge will determine how the marital assets are divided based on many factors including the length of the marriage and hardship concerns.

Alimony Payments

For many divorced couples, alimony payments are a sore spot. These are also determined by a judge based on the economic conditions of each spouse and their ability to support themselves.

Child Custody and Child Support

The most important factor in any divorce case is the well-being of the children involved in the matter. Who will have custody and who will be financially responsible for support is part of an official court ruling that must be adhered to by both sides.

Typically, a family court judge will conduct interviews with the children and base their rulings on what the child wants versus what the parents want. After a period of time, courts allow the issue of custody and support to be reviewed and adjusted accordingly.


Divorce Laws by State

Alabama Divorce Laws

Divorce in Alabama Those looking to file for divorce in the state of Alabama must first make sure that they have all the necessary court information. Some divorce cases are…

Alaska Divorce Laws

Alaska Divorce In Alaska, the residency requirements stipulate which Superior Court will be in charge of the divorce case. Residency requirements are met by most individuals and only possess a…

Arizona Divorce Laws

Arizona Divorce Before a divorce case can be brought to court certain requirements must be fulfilled. Arizona law states that the proper residency requirements need to be filled for the…

Arkansas Divorce Laws

Arkansas Divorce In order to file for a divorce in the state of Arkansas, either you or your spouse must have been a resident of the state for a minimum…

California Divorce Laws

Divorce in California If there is no way to reconcile your marriage in California, you have a few alternatives to end the relationship with your spouse. Divorce, nullity, and legal…

Colorado Divorce Laws

Colorado Divorce Different titles of divorce are designated in Colorado that is different from those of other states. The individual who files for divorce is called the petitioner, while the…

Connecticut Divorce Laws

Divorce Laws in Connecticut The state of Connecticut requires that all those petitioning for divorce be Connecticut residents for a minimum of twelve months prior to filing. If not all…

Delaware Divorce Laws

Divorce Laws in Delaware If you reside in Delaware and would like to file for a divorce, you must demonstrate that your marriage is ‘irretrievably broken’. This essentially means that…

Florida Divorce Laws

Florida Divorce Residency Requirements In order to be able to apply for a divorce in Florida one of the spouses must apply to the Circuit Court for dissolution of marriage….

Georgia Divorce Laws

Residency requirements when divorcing in Georgia If you wish to file for divorce in Georgia then certain requirements must have been met. No divorce is granted unless the spouse has…

Hawaii Divorce Laws

Hawaii Divorce Divorce in Hawaii, like in other states, is based on residency. Divorces are handled on the federal level, so in which county the individuals reside, or if they…

Idaho Divorce Laws

Divorce in Idaho Idaho has one of the highest divorce rates in the country, with 3.4 people out of every 1,000 filing for dissolution of their marriage. Divorce can be…

Illinois Divorce laws

Divorce laws in Illinois Obtaining a divorce in Illinois is the legal process by which a marriage between two individuals is dissolved. The court order for dissolution will contain all…

Indiana Divorce Laws

Indiana Divorce In order to have a legal divorce in Indiana, individuals must first meet the residency requirements for the state. The court must also accept the requirements, and if…

Iowa Divorce Laws

Iowa Divorce The state of Iowa requires that individuals filing for divorce in Iowa be state residents for a minimum of one year. Residency requirements are necessary for each state…

Kansas Divorce Laws

Divorce in Kansas In the state of Kansas, individuals who wish to divide their property and/or seek a divorce can do so under the grounds of incompatibility (no-fault), failure to…

Kentucky Divorce Laws

Divorce Laws in Kentucky If you live in the Bluegrass State and are considering ending your marriage, it is important to understand the divorce process in Kentucky. By familiarizing yourself…

Louisiana Divorce Laws

Divorce Laws in Louisiana In Louisiana, married couples have two options when it comes to filing for divorce: fault and no fault. A no-fault divorce is available if the spouses…

Maine Divorce Laws

Divorce Laws in Maine In Maine, couples have the option to file for divorce on the grounds of irreconcilable differences (“no-fault” divorce) or due to adultery, desertion, or cruelty (“fault-based”…

Maryland Divorce Laws

Divorce Laws in MD In Maryland, divorce is a legal process that officially ends a formal contract of marriage between two people. To initiate this process, one party must be…

Massachusetts Divorce Laws

Divorce Laws in MA If you’re considering a divorce in Massachusetts, it’s important to be aware of the state’s laws on dissolving a marriage. These laws cover everything from when…

Michigan Divorce Laws

Divorce Laws in Michigan Like most states, residents of the State of Michigan can expect divorce laws that are specific to their state. These state-specific laws may make it more…

Minnesota Divorce Laws

Minnesota Divorce Details When it comes to divorce rates, Minnesota comes in at number 41 for the number of divorces in America. That’s good news for fans of marriage. What’s…

Mississippi Divorce Laws

Mississippi Divorce Law Details When a couple exchanges marriage vows they are looking ahead to a hopeful future. No one really thinks that an “I do” should lead to an…

Missouri Divorce Laws

Divorce in Missouri In Missouri, a Dissolution of Marriage is the legal term used for a divorce. To be eligible to file for a Dissolution of Marriage in the state,…

Montana Divorce Laws

Divorce Laws in Montana Where divorces in the United States are handled depends on where the individuals have residency. Each state has different residency requirements for filing for divorce. Montana…

Nebraska Divorce Laws

Divorce in Nebraska Residents of Nebraska seeking a divorce must first be aware of the state’s specific laws and legal timelines. This is why it’s essential to consult a skilled…

Nevada Divorce Laws

Divorce Laws in Nevada If there is one state in America associated with quick marriages and even quicker divorces, it is Nevada. On average there are over 120,000 marriages performed…

New Hampshire Divorce Laws

New Hampshire Divorce Requirements The United States requires an individual to file for divorce in his or her county of residency. Residency requirements are different in each state and are…

New Jersey Divorce Laws

Divorce in NJ If you’re seeking a divorce in New Jersey, the first step is to file a Complaint for Divorce. This must be served on your spouse by a…

New York Divorce Laws

Divorce Laws in New York Divorces are filed in the county district courts where individuals live. If individuals live outside of New York they cannot file for a divorce in…

New Mexico Divorce Laws

NM Divorce Laws

Divorce in New Mexico In New Mexico, divorce falls under the jurisdiction of family law, which is designed to protect the rights and interests of all parties involved, including spouses…

North Carolina Divorce Laws

North Carolina Divorce Requirements Before individuals are allowed to file for divorce in the state of North Carolina, they first must meet the residency requirements. Residency requirements vary with each…

North Dakota Divorce Laws

North Dakota Divorce Requirements The state of North Dakota requires that individuals petitioning for divorce be state residents. Residency is a stipulation as divorce cases are handled by county courts….

Ohio Divorce Laws

Ohio Divorce Each state has a unique set of divorce laws. Although many states may have laws related to divorce that are similar, it is always a good idea to…

Oklahoma Divorce Laws

Divorce in Oklahoma In Oklahoma, couples can choose between two forms of divorce: no-fault and fault-based. A fault-based divorce requires one spouse to prove that their partner’s behavior is the…

Oregon Divorce Laws

Oregon Divorce Requirements The state of Oregon requires that those filing for an Oregon divorce be state residents for a minimum of six months. This six-month time period must be…

Pennsylvania Divorce Laws

Divorce in Pennsylvania From a legal standpoint, divorce decree falls into two basic categories: contested or no-fault. Pennsylvania divorce laws call the “no-fault” divorce a mutual consent divorce. It is…

Rhode Island Divorce Laws

Rhode Island Residency Requirements To legally file for divorce in the state of Rhode Island individuals must first meet the residency requirements set by the state. These laws require that…

South Carolina Divorce Laws

South Carolina Divorce Details As you stand before your friends and family during a wedding ceremony, the last thing on your mind should be whether or not you’ll end up…

South Dakota Divorce Laws

South Dakota Divorce There are many happily married couples who are proud to proclaim they fell in love with their spouse at first sight. When that love is genuine then…

Tennessee Divorce Laws

Tennessee Divorce Details One of the easiest aspects of getting a divorce is the ability of the married woman to change her name back to her maiden name. This can…

Texas Divorce Laws

Divorce in Texas 2024 Divorces in Texas must first meet the residency requirements before eligibility is assessed. Residency requirements in Texas state that at least one individual in the marriage…

Utah Divorce Laws

Utah Divorce Details In order to file for a divorce in a particular state, you need to be an official resident. The requirements for residency vary from state to state….

Vermont Divorce Laws

Divorce in Vermont In Vermont, couples can file for divorce or legal separation based on one of several grounds. For a no-fault divorce, spouses must have lived apart by mutual…

Virginia Divorce Laws

Divorce in Virginia If you are looking to dissolve your marriage in the state of Virginia, it’s important to understand the unique divorce laws that apply. To obtain a divorce…

Washington D.C. Divorce Laws

DC Divorce Laws Going through a divorce can be one of the toughest and most emotional experiences in a person’s life, and the process can be even more overwhelming when…

Washington Divorce Laws

Divorce Laws in Washington State Washington is a “no-fault” divorce state. This means that the only grounds necessary to obtain a divorce in Washington is that the marriage is “irretrievably…

West Virginia Divorce Laws

West Virginia Divorce Requirements The state of West Virginia requires individuals applying for divorce to first be West Virginia citizens for a minimum of one year prior to petitioning. These…

Wisconsin Divorce Laws

Divorce in Wisconsin Divorce is not an easy process – it is stressful, emotional, and conflict-ridden. Divorce impacts almost every aspect of an individual’s life including relationships with family and…

Wyoming Divorce Laws

Divorce in Wyoming In the state of Wyoming, a divorce can be pursued if certain legal criteria are met. These include irreconcilable differences between the two spouses or incurable insanity…