Divorce Residency Requirements by State (2026)
How long you must live in each state (and sometimes the county) before you can file for divorce.
| State | Residency requirement |
|---|---|
| Alabama | When the spouse being sued does not live in Alabama, the spouse filing must have been a genuine (bona fide) resident of Alabama for six months before filing the complaint, and must state and prove this in the case. Ala. Code § 30-2-5 |
| Alaska | Either you or your spouse may file to end the marriage in Alaska as long as one of you is an Alaska resident. You are generally a resident if you are in Alaska when you file and plan to stay. A service member continuously stationed at an Alaska base for at least 30 days counts as a resident for filing. For the court to make a custody order, the children generally need to have lived in Alaska for six months before the case starts. Alaska Court System Family Law Self-Help Center, Start a Divorce or Dissolution Case |
| Arizona | One spouse must have been domiciled (living with the intent to stay) in Arizona, or stationed in Arizona as a member of the armed services, for 90 days before the petition for dissolution is filed. Ariz. Rev. Stat. § 25-312(A)(1) |
| Arkansas | Either spouse must have lived in Arkansas for 60 days before the divorce case is filed, and for three full months before the final decree is granted. If the other spouse cannot be personally served or does not appear, the filing spouse must have actually lived in Arkansas for at least three full months before the decree. Ark. Code Ann. § 9-12-307(a)(1) |
| California | To start a divorce in California, one spouse must have lived in California for the last 6 months and in the county where the case is filed for the last 3 months. A legal separation only requires that one spouse live in California, with no time requirement, and a legal separation case can later be changed to a divorce once the residency rule is met. Domestic partnerships registered in California have no residency requirement. Judicial Branch of California Self-Help Guide, Divorce in California; Legal separation |
| Colorado | You or your spouse must have lived (been domiciled) in Colorado for at least 91 days before filing for divorce. For the court to decide parenting issues, the children generally must have lived in Colorado for at least 182 days (or since birth). For a civil union entered in Colorado, neither party has to live in Colorado. C.R.S. § 14-10-106(1)(a)(I); Colorado Judicial Branch, Divorce or Legal Separation |
| Connecticut | A divorce or legal separation case can be filed as soon as either spouse has established residence in Connecticut. But the court can enter the final decree only if one spouse has lived in Connecticut for at least the 12 months before filing or before the decree, or one spouse lived in Connecticut at the time of the marriage and returned intending to stay before filing, or the cause of the breakdown arose after either spouse moved to Connecticut. Conn. Gen. Stat. § 46b-44 |
| Delaware | Either spouse must have actually lived (been domiciled) in Delaware, or been stationed in Delaware as a member of the U.S. armed services, continuously for at least 6 months immediately before the divorce or annulment is filed. File in the county where either spouse lives. 13 Del. C. § 1504(a); Family Court of Delaware, Divorce/Annulment |
| District of Columbia | One spouse must have been a genuine (bona fide) resident of the District of Columbia for at least 6 months before filing for divorce or legal separation. A service member who lives in D.C. for 6 continuous months during military service counts as a resident. Same-sex couples married in D.C. may divorce there even if neither lives in D.C., if they live where their marriage would not be dissolved. D.C. Code § 16-902 |
| Florida | One spouse must have lived in Florida for 6 months before the petition is filed. Residency must be backed up by proof, such as a valid Florida driver license, a Florida voter registration card, a valid Florida ID card, or testimony or an affidavit from another person. Fla. Stat. § 61.021; § 61.052(2) |
| Georgia | The person filing must have been a good-faith (bona fide) resident of Georgia for 6 months before filing. A nonresident may file in the county where the other spouse lives if that spouse has lived in Georgia, and in that county, for 6 months. A person who has lived on a U.S. military post in Georgia for 1 year may file in a county next to the post. O.C.G.A. § 19-5-2 |
| Hawaii | In general, either spouse must have been domiciled or physically present in Hawaii for a continuous period of at least 6 months before the Complaint for Divorce is filed. The spouse who files must also have been domiciled or present in the circuit (island court) where the case is filed for at least 3 months before filing. People living on a military base or in Hawaii under military orders can meet these requirements. HRS § 580-1; Hawaii State Judiciary, Facts about Getting a Divorce in Hawaii |
| Idaho | The person filing must have lived in Idaho for at least 6 full weeks before filing for divorce. Idaho Code § 32-701 |
| Illinois | One spouse must have lived in Illinois, or been stationed in Illinois as a member of the armed services, for 90 days before the case is filed or before the court makes its finding. 750 ILCS 5/401(a) |
| Indiana | When the petition is filed, at least one spouse must have lived in Indiana (or been stationed at a U.S. military installation in Indiana) for the 6 months before filing, and at least one spouse must have lived in the county where the case is filed (or been stationed at a military installation there) for the 3 months before filing. Ind. Code § 31-15-2-6 |
| Iowa | If the other spouse lives in Iowa and is personally served with the divorce papers, there is no residency requirement. Otherwise, the filing spouse must have lived in Iowa for the last year, in good faith and not just to get a divorce. Iowa Code § 598.5(1)(k); Iowa Judicial Branch, Divorce |
| Kansas | Either spouse must have actually lived in Kansas for the 60 days before the petition is filed. A person who has lived on or been stationed at a U.S. military post in Kansas for 60 days may file in a county next to the post. K.S.A. 23-2703 |
| Kentucky | One spouse must have lived in Kentucky, or been stationed in Kentucky as a member of the armed services, for the 180 days before the petition is filed. KRS 403.140(1)(a) |
| Louisiana | A Louisiana court can hear a divorce if, when the case is filed, at least one spouse is domiciled in Louisiana. If a spouse has lived in a Louisiana parish for six months, the law presumes that spouse is domiciled in Louisiana in that parish (the presumption can be challenged). The same rule applies to actions to annul a marriage. La. Code of Civil Procedure art. 10(A)(6)-(7) and (B) |
| Maine | You can file for divorce in Maine District Court if you have lived in Maine in good faith for 6 months before filing; or you are a Maine resident and you were married in Maine; or you are a Maine resident and lived in Maine when the cause of the divorce arose; or your spouse is a Maine resident. 19-A M.R.S. § 901(1); Maine Judicial Branch, Divorce |
| Maryland | You can file for divorce in a Maryland circuit court if you or your spouse is a Maryland resident. If the grounds for the divorce happened outside Maryland, one spouse must have lived in Maryland for at least 6 months before filing. Md. Code, Family Law § 7-101; Maryland Judiciary, Divorce |
| Massachusetts | Generally, a Massachusetts divorce requires that the spouses lived together as a married couple in Massachusetts, and if the grounds arose in another state, that they had lived together in Massachusetts before that and one of them lived in Massachusetts when the grounds arose. Otherwise, the filing spouse must have lived in Massachusetts for one year before filing if the grounds arose outside the state, or must be domiciled in Massachusetts at filing if the grounds arose in the state. A divorce will not be granted if the filing spouse moved to Massachusetts just to get a divorce. Mass. Gen. Laws ch. 208, §§ 4, 5 |
| Michigan | One spouse must have lived in Michigan for 180 days immediately before filing, and one spouse must have lived in the county where the case is filed for 10 days before filing. The 10-day county rule does not apply in certain cases where there is a risk that a minor child will be taken out of the United States by a spouse born in or a citizen of another country. If the defendant was not domiciled in Michigan when the case was filed or when the grounds arose, the filing spouse must also show that the couple lived together in Michigan as a married couple, or that the filing spouse lived in Michigan in good faith for 1 year before filing. MCL 552.9; MCL 552.9f |
| Minnesota | One spouse must have lived in Minnesota (or been stationed in Minnesota with the armed services), or been domiciled in Minnesota, for at least 180 days immediately before the case is filed. A limited exception allows a couple who married in Minnesota, and who live where they cannot get a divorce because of the sex or sexual orientation of the spouses, to divorce in Minnesota. Minn. Stat. § 518.07 |
| Mississippi | The chancery court can hear a divorce only if one spouse has been an actual, good-faith resident of Mississippi for 6 months before filing. A service member stationed and living in Mississippi with a spouse is treated as a resident if they were living in the state when they separated. If the evidence shows someone moved to Mississippi to get a divorce, the case must be dismissed. Miss. Code Ann. § 93-5-5 |
| Missouri | One spouse must have been a Missouri resident, or a member of the armed services stationed in Missouri, for 90 days immediately before the case is filed. The case is filed in the county where either spouse lives. RSMo § 452.305.1(1); RSMo § 452.300.5 |
| Montana | When the case is filed, one spouse must be domiciled in Montana, or stationed in Montana as a member of the armed services, and must have kept that domicile or military presence for the 90 days before filing. Mont. Code Ann. § 40-4-104(1)(a) |
| Nebraska | At least one spouse must have actually lived in Nebraska, intending to make it a permanent home, for at least one year before filing. The one-year rule does not apply if the couple married in Nebraska and either spouse has lived in Nebraska from the marriage until filing. Service members continuously stationed at a Nebraska base for one year are treated as residents. Neb. Rev. Stat. § 42-349 |
| Nevada | Either spouse must have been a Nevada resident for at least 6 weeks before the case is filed. NRS 125.020 |
| New Hampshire | New Hampshire courts can hear a divorce if both spouses were domiciled in the state when the case began, if the filing spouse was domiciled in the state and the other spouse was served in the state, or if the filing spouse was domiciled in the state for one year before filing. The cause of the divorce generally must have arisen while the filing spouse lived in New Hampshire. RSA 458:5, 458:6 |
| New Jersey | A divorce case for any ground other than adultery cannot be started unless one spouse has been a bona fide New Jersey resident for the 1 year before filing. For adultery, it is enough that either spouse was a resident when the cause arose and has remained a resident until filing. N.J.S.A. 2A:34-10 |
| New Mexico | At least one spouse must have lived in New Mexico for at least 6 months immediately before filing and have a New Mexico domicile (physical presence, a place of residence in the state, and a good-faith intent to stay permanently or indefinitely). The case is filed in the district court of the county where either spouse lives. NMSA 1978 §§ 40-4-4, 40-4-5; New Mexico Courts Self-Representation: Divorce |
| New York | A divorce can be filed in New York only if one of these is true: the spouses married in New York and either spouse has lived there continuously for one year before filing; the spouses lived in New York as a married couple and either has lived there for one year before filing; the grounds arose in New York and either spouse has lived there for one year; the grounds arose in New York and both spouses live there when the case is filed; or either spouse has lived in New York continuously for at least two years before filing. N.Y. Domestic Relations Law § 230 |
| North Carolina | Either spouse must have been a North Carolina resident for at least six months before the divorce complaint is filed. N.C. Gen. Stat. §§ 50-6, 50-8 |
| North Dakota | The filing spouse must have been a North Dakota resident in good faith for the six months before filing. If not, a divorce or separation may still be granted if the filing spouse has been a resident for the six months immediately before the decree is entered. N.D. Cent. Code § 14-05-17 |
| Ohio | The person filing for divorce or annulment must have lived in Ohio for at least six months immediately before filing. For a dissolution (the joint, agreed procedure), one of the spouses must have lived in Ohio for at least six months before filing. The case is filed in the proper county under the Ohio Rules of Civil Procedure. Ohio Rev. Code 3105.03; 3105.62 |
| Oklahoma | Either the petitioner or the respondent must have been a good-faith resident of Oklahoma (or of a U.S. Army post or military reservation in Oklahoma) for six months immediately before the petition is filed. The case may be filed in the county where the petitioner has lived for the past 30 days or in the county where the respondent lives. 43 O.S. 102; 43 O.S. 103 |
| Oregon | If the marriage took place in Oregon and the divorce or annulment is based on a ground such as lack of capacity, force or fraud, or a void marriage, either spouse only needs to live in or be domiciled in Oregon when the case is filed. Otherwise (including the usual irreconcilable differences divorce, or when the marriage took place elsewhere), at least one spouse must have lived in or been domiciled in Oregon continuously for six months before filing. For a legal separation, one spouse must live in Oregon when the case is filed. ORS 107.075 |
| Pennsylvania | At least one spouse must have been a bona fide resident of Pennsylvania for at least six months immediately before the divorce or annulment action is filed. 23 Pa.C.S. 3104(b) |
| Rhode Island | The person filing must have been domiciled in and lived in Rhode Island for one year before filing the divorce complaint. This is also satisfied if the other spouse has been domiciled in and lived in Rhode Island for one year before filing and is actually served. Residence immediately before military service continues during service and for 30 days after. R.I. Gen. Laws 15-5-12 |
| South Carolina | The person filing must have lived in South Carolina for at least one year before filing (or, if the filer is a nonresident, the other spouse must have). If both spouses live in South Carolina when the case is filed, the filer only needs three months of residence. For active-duty military stationed in South Carolina, residence means continuous presence for the required period. S.C. Code 20-3-30 |
| South Dakota | The person filing for divorce or separate maintenance must be a South Dakota resident (or stationed in South Dakota as a member of the armed services) when the case is filed. No minimum length of residence is stated, and the filer does not need to keep that residence afterward to receive the decree. SDCL 25-4-30 |
| Tennessee | If the grounds arose while the filer lived in Tennessee, or arose outside Tennessee while the filer lived elsewhere, either spouse must have lived in Tennessee for the six months before the complaint is filed. A member of the U.S. armed services, or their spouse, who has lived in Tennessee for at least one year is presumed to be a resident. Tenn. Code Ann. 36-4-104 |
| Texas | At the time the divorce is filed, either spouse must have lived in (been domiciled in) Texas for the preceding six months and in the county where the case is filed for the preceding 90 days. If one spouse has lived in Texas for at least six months, a spouse living in another state or country may file in the county where the Texas spouse lives. Time a Texas resident spends away in military or government service counts as Texas residence. Tex. Fam. Code §§ 6.301, 6.302, 6.303 |
| Utah | You or your spouse must have been an actual and bona fide resident of the county where you file for at least 90 days before filing. A member of the U.S. armed forces stationed in Utah under military orders for at least 90 days may also file, and there is an option when both spouses consent to Utah jurisdiction. If you need a custody order, the child usually must have lived in Utah with a parent for at least 6 months before filing, with exceptions. Utah Code § 81-4-402(1); Utah State Courts, Divorce self-help page |
| Vermont | A divorce or annulment can be filed if either spouse has lived in Vermont for six months or more, but a divorce cannot be granted unless one spouse has lived in Vermont for the one year before the final hearing. Temporary absence for illness, out-of-state work, military service or another legitimate reason does not interrupt residence. Non-residents who married in Vermont may file a fully agreed divorce in the county where their marriage certificate was filed if their home state will not recognize the marriage for divorce and they have no minor children of the marriage. 15 V.S.A. § 592 |
| Virginia | At least one spouse must have been an actual good-faith resident and domiciliary of Virginia for at least six months before the divorce or annulment is filed. A member of the armed forces who has been stationed or lived in Virginia for six months or more before filing is presumed to meet this requirement. Va. Code § 20-97 |
| Washington | There is no minimum length of residence in the divorce statute. A divorce (dissolution) can be filed by a person who is a Washington resident, a member of the armed forces stationed in Washington, or a person married to a Washington resident or to a service member stationed in Washington. RCW 26.09.030 |
| West Virginia | If the marriage took place in West Virginia, a divorce can be filed if either spouse is a good-faith West Virginia resident when the case starts, with no minimum time. If the marriage took place elsewhere, one spouse must have been a resident when the grounds arose (or since then) and for the full year immediately before filing. Special rules apply to divorces based on adultery. The case may be filed in the county where the spouses last lived together or where the respondent lives (or where the petitioner lives if the respondent is not a resident). W. Va. Code §§ 48-5-105, 48-5-106 |
| Wisconsin | For a divorce, at least one spouse must have lived in Wisconsin for at least 6 months and in the county where the case is filed for at least 30 days immediately before filing. For a legal separation, the requirement is 30 days of county residence. You file in the county where you live now, not where you married. Wis. Stat. § 767.301; Wisconsin Court System, Basic Guide to Divorce/Legal Separation (FA-4100V) |
| Wyoming | One spouse must have lived in Wyoming for the 60 days immediately before filing, or the marriage must have taken place in Wyoming and one spouse must have lived in Wyoming continuously from the marriage until filing. A married person who lives in Wyoming when filing counts as a resident even if the other spouse lives elsewhere. The case is filed in the district court of the county where either spouse lives. Wyo. Stat. §§ 20-2-107, 20-2-104 |
General legal information, not legal advice. Laws change and local rules can differ; check the linked official source or talk to a lawyer about your situation.