Divorce Laws by State (2026): Grounds, Residency, and Property

Every state now offers no-fault divorce, but each uses different wording: irretrievable breakdown, irreconcilable differences, incompatibility, or insupportability. Residency requirements range from six weeks in Nevada and Idaho to one year in several states. Property is split as either community property in 9 states or equitable distribution in the rest.

No-fault divorce: every state, different words

Every state permits divorce without proving the other spouse did anything wrong. The legal terminology, however, varies. California and many states call it irreconcilable differences causing irremediable breakdown. Others, including Alabama and Alaska, use incompatibility or a similar phrase. Texas uses the unique term insupportability. Colorado, Florida, Michigan, and Washington ask only whether the marriage is irretrievably broken.

The practical effect is the same in almost every state: one spouse can end the marriage without alleging misconduct, and the other spouse cannot block the divorce simply by denying it. Courts accept the petitioner's sworn statement as sufficient.

Arkansas is the significant exception. It has no pure no-fault ground. The most commonly used path is general indignities, which requires showing a pattern of conduct that makes the spouses' life together intolerable. It functions as a near-no-fault ground in practice, but it is not the same as a clean irreconcilable-differences statute.

Mississippi, West Virginia, and South Dakota also differ from the majority. Their irreconcilable-differences ground is available only when both spouses consent. A spouse who refuses to join the petition forces the petitioner to use a fault ground or wait for the unilateral separation period.

Most states retain fault grounds alongside no-fault, including adultery, cruelty, and abandonment. A small minority, such as California, Colorado, Florida, Iowa, Kentucky, Michigan, Minnesota, Missouri, Nebraska, Oregon, Washington, and Wisconsin, have eliminated fault grounds entirely. Fault grounds still matter in states that retain them because they can affect alimony and property division outcomes.

Residency requirements

Before you can file for divorce in any state, you or your spouse must meet that state's residency requirement. The purpose is to prevent spouses from forum-shopping for favorable laws. Requirements range from no minimum (Alaska, Washington) to as long as one year (Massachusetts, Rhode Island, West Virginia in some circumstances).

The most common threshold is 6 months, which applies in Alabama (if the defendant lives out of state), California, Florida, Georgia, Kentucky, Maryland, Michigan, Minnesota, Mississippi, Nevada, New Mexico, North Carolina, North Dakota, Oklahoma, Tennessee, Virginia, and Wisconsin, among others.

Several states set a shorter bar. Nevada and Idaho require only 6 weeks. Arizona, Colorado, Missouri, and Utah set 90 days or 3 months. Kansas requires 60 consecutive days. Wyoming requires 60 days. Alaska requires no minimum duration, only domicile.

A few states split the requirement between the state and the county. Indiana requires 6 months in the state and 3 months in the county. Ohio requires 6 months in the state and 90 days in the county. California requires 6 months in the state and 3 months in the county of filing. Be sure to satisfy both.

Waiting periods vs. separation requirements

These two concepts are frequently confused, and the distinction matters.

A waiting period is a cooling-off period that begins after the petition is filed. It delays when a court can issue the final decree. The purpose is to give couples a pause before the divorce becomes final. For example, Texas imposes a 60-day wait from filing, Wisconsin requires 120 days, California requires 180 days (which is also the minimum term for its no-fault ground), and Colorado imposes a non-waivable 91-day period. During a waiting period, spouses do not need to live apart.

A separation requirement is different. It requires the spouses to have already lived separate and apart for a defined period before they are eligible for a no-fault divorce. The separation must typically predate the filing, or at least be completed before the decree is granted.

The states that require living apart before a no-fault divorce are: North Carolina (1 year), South Carolina (1 year), Virginia (6 months with no minor children and a written agreement, or 1 year in all other cases), Vermont (6 months), Pennsylvania (90 days for mutual consent, 1 year for unilateral), Delaware (6 months before the court rules), Maryland (6 months for the separation ground, though mutual consent and irreconcilable differences have no wait), and Louisiana (180 days with no minor children, or 365 days with minor children). DC eliminated its separation requirement in January 2024.

In all other states, no separation period is required. Spouses may file for no-fault divorce without first living apart.

Community property vs. equitable distribution

How a state divides marital property at divorce depends on which framework it follows.

The 9 community-property states are Arizona, California, Idaho, Louisiana, Nevada, New Mexico, Texas, Washington, and Wisconsin. In these states, most property and debts acquired during the marriage are owned equally by both spouses. At divorce, community property is generally split 50/50, though each state has its own rules for characterization and exceptions.

All remaining states and DC follow equitable distribution. Equitable distribution means the court divides marital property fairly, but not necessarily equally. Judges weigh factors such as the length of the marriage, each spouse's income and earning capacity, contributions to the marriage (including non-financial contributions like raising children), and each spouse's economic circumstances after divorce.

In both systems, separate property (assets owned before the marriage, or received as a gift or inheritance during the marriage) generally remains with the original owner. The key question is always whether property is marital or separate, and that analysis is fact-specific.

Debt division follows the same framework. Community-property states treat debts incurred during the marriage as shared obligations. Equitable-distribution states apportion debts as part of the overall fair-division analysis.

Covenant marriage

Covenant marriage is an alternative form of marriage available in three states only: Arkansas, Arizona, and Louisiana. Couples who choose a covenant marriage sign a declaration of intent, receive pre-marital counseling, and agree to a more limited set of grounds for divorce.

Divorcing from a covenant marriage is harder. In Arizona, the no-fault route requires the couple to have lived apart 2 years or undergo 6 months of counseling and meet other requirements. In Arkansas and Louisiana, covenant-marriage divorces require fault grounds such as adultery or abuse, or a prolonged separation period. The standard irreconcilable-differences or irretrievable-breakdown route does not apply to covenant marriages in those states.

Standard marriages in Arkansas, Arizona, and Louisiana are not subject to covenant-marriage rules. Most couples in those states marry conventionally and divorce under the standard statutes. Covenant marriage represents a very small fraction of marriages in each state.

Alimony, custody, and child support in divorce

Divorce is the legal proceeding that resolves not just the status of the marriage but also financial support, parenting, and property. Alimony (called spousal support or maintenance in some states), child custody, and child support are typically decided as part of, or alongside, the divorce action.

Alimony determinations are highly fact-specific. Courts consider the length of the marriage, the income gap between spouses, each spouse's employability and standard of living, and contributions to the marriage. Florida overhauled its alimony statute in 2023, eliminating permanent alimony. Utah recodified its family law title in 2024, renumbering Title 30 to Title 81 without substantive change to most rules.

Child custody is decided based on the best interests of the child standard in every state. Courts evaluate which parent provides stability, the child's relationships with each parent, and, in many states, the child's own preferences if the child is old enough. For more on your state's custody rules, see the child custody pages.

Child support is determined by each state's formula, which generally considers both parents' incomes and the parenting-time schedule. For the specific formula and calculator in your state, see the child support section.

For detailed information by state, see the alimony laws hub at /us-laws/alimony/, the child custody hub at /us-laws/child-custody/, and the child support hub at /us-laws/child-support/.

Recent changes (2023-2026)

Several states made meaningful changes to divorce law in this period.

Maryland (Oct 1 2023): Senate Bill 36 made the most comprehensive reform. Maryland repealed all fault grounds for absolute divorce, cut the separation requirement from 12 months to 6 months, added irreconcilable differences as a standalone no-fault ground, abolished the limited divorce proceeding, and eliminated the bar on divorcing while still cohabitating. Mutual consent (with a written settlement resolving all issues) remains available with no separation period.

District of Columbia (Jan 26 2024): D.C. Law 25-115 eliminated DC's long-standing separation requirements entirely. The prior law required either 6 months of separation (mutual) or 1 year (unilateral). Under the new law, the sole ground is that one or both parties assert they no longer wish to remain married. There is no waiting period and no separation period.

Florida (2023): HB 1301 overhauled alimony law, not the grounds for divorce. Florida ended permanent alimony and restructured the types and duration of spousal support. Grounds, residency, and the waiting period were not changed.

Utah (Sept 1 2024): Utah reorganized its entire family-law code, renumbering Title 30, Chapter 3 to Title 81, Chapter 4. The statute numbers for divorce (formerly 30-3-1 and related sections, now 81-4-403 and related) changed, but the substantive rules did not. If you are reading older sources citing Title 30, the rules they describe are still in effect under the new numbering.

North Carolina (pending): A 2025 bill would cut NC's separation requirement from 1 year to 6 months. As of 2026 that bill remains in committee and current law is unchanged.

State divorce laws comparison table

The table below summarizes the key variables for all 50 states and DC. The Separation column shows "None" where no prior separation is required, or the required period. The Property column reflects community property (CP) or equitable distribution (ED).

State	No-fault ground	Residency	Separation required?	Property
Alabama	Irretrievable breakdown or incompatibility	6 months (if defendant out of state); none if both in AL	None	Equitable
Alaska	Incompatibility causing irremediable breakdown	Domicile only; no minimum duration	None	Equitable
Arizona	Irretrievably broken (standard); covenant marriage has separate grounds	90 days	None (standard)	Community
Arkansas	No pure no-fault; general indignities is the closest ground	3 months	None for general indignities; 18 months for separation ground	Equitable
California	Irreconcilable differences	6 months in state; 3 months in county	None	Community
Colorado	Irretrievably broken	91 days	None	Equitable
Connecticut	Irretrievable breakdown	1 year (multiple paths)	None for breakdown ground; 18 months for separation ground	Equitable
Delaware	Irretrievably broken	6 months	6 months (before ruling)	Equitable
District of Columbia	No longer wish to remain married	6 months	None (eliminated Jan 2024)	Equitable
Florida	Irretrievably broken	6 months	None	Equitable
Georgia	Irretrievably broken	6 months	None	Equitable
Hawaii	Irretrievably broken	Domicile + 3 months in circuit	None for primary ground; 2 years for separation ground	Equitable
Idaho	Irreconcilable differences	6 weeks	None	Community
Illinois	Irreconcilable differences	90 days	None (6 months creates presumption in contested cases)	Equitable
Indiana	Irretrievable breakdown	6 months in state; 3 months in county	None	Equitable
Iowa	Breakdown with no likelihood of preservation	1 year (if defendant not an IA resident); none if defendant is IA resident	None	Equitable
Kansas	Incompatibility	60 days	None	Equitable
Kentucky	Irretrievably broken	180 days	None	Equitable
Louisiana	Living separate and apart	Domicile	180 days (no minor children); 365 days (minor children)	Community
Maine	Irreconcilable marital differences	6 months (multiple paths)	None	Equitable
Maryland	Irreconcilable differences; mutual consent; 6-month separation	6 months (if grounds arose out of state)	6 months (for separation ground only); none for mutual consent or irreconcilable differences	Equitable
Massachusetts	Irretrievable breakdown (joint or unilateral)	1 year	None	Equitable
Michigan	No reasonable likelihood breakdown can be preserved	180 days in state; 10 days in county	None	Equitable
Minnesota	Irretrievable breakdown	180 days	None	Equitable
Mississippi	Irreconcilable differences (mutual consent required)	6 months	None (but both parties must consent)	Equitable
Missouri	Irretrievably broken	90 days	None	Equitable
Montana	Irretrievable breakdown	90 days	None (180 days apart is one alternative showing)	Equitable
Nebraska	Irretrievably broken	1 year in most cases	None	Equitable
Nevada	Incompatibility	6 weeks	None for incompatibility; 1 year for separation ground	Community
New Hampshire	Irreconcilable differences	Domicile (1 year if defendant not served in-state)	None	Equitable
New Jersey	Irreconcilable differences (6+ months)	1 year	None for irreconcilable differences; 18 months for separation ground	Equitable
New Mexico	Incompatibility	6 months	None	Community
New York	Irretrievable breakdown 6+ months	Varies (commonly 2 years or 1 year with nexus)	None (breakdown must have lasted 6+ months, but parties may cohabit)	Equitable
North Carolina	Living separate and apart 1 year	6 months	1 year	Equitable
North Dakota	Irreconcilable differences	6 months (before decree)	None	Equitable
Ohio	Incompatibility (mutual); living apart 1 year (unilateral)	6 months in state; 90 days in county	1 year (unilateral path); none if both consent to incompatibility	Equitable
Oklahoma	Incompatibility	6 months	None	Equitable
Oregon	Irreconcilable differences	6 months (if married outside OR)	None	Equitable
Pennsylvania	Irretrievable breakdown (mutual consent or 1-year separation)	6 months	90 days (mutual consent); 1 year (unilateral)	Equitable
Rhode Island	Irreconcilable differences	1 year	None for irreconcilable differences; 3 years for separation ground	Equitable
South Carolina	Living separate and apart 1 year	1 year (one resident); 3 months (both residents)	1 year	Equitable
South Dakota	Irreconcilable differences (mutual consent or default)	Resident at commencement; no minimum duration	None	Equitable
Tennessee	Irreconcilable differences (with written agreement)	6 months	None for irreconcilable differences (needs written MDA); 2 years for separation ground	Equitable
Texas	Insupportability	6 months in state; 90 days in county	None	Community
Utah	Irreconcilable differences	3 months	None	Equitable
Vermont	Living separate and apart 6 months	6 months to file; 1 year for final hearing	6 months	Equitable
Virginia	Separation (6 months with agreement and no minor children; 1 year otherwise)	6 months	6 months or 1 year	Equitable
Washington	Irretrievably broken	Resident at filing; no minimum duration	None	Community
West Virginia	Irreconcilable differences (mutual consent); voluntary separation 1 year (unilateral)	1 year (if married outside WV); domicile if married in WV	1 year (unilateral path); none for mutual consent	Equitable
Wisconsin	Irretrievably broken	6 months in state; 30 days in county	None (12 months apart is one alternate showing)	Community
Wyoming	Irreconcilable differences	60 days	None	Equitable

This article is general legal information, not legal advice. Divorce laws vary by state and depend on the specific facts of your marriage. For advice about your situation, consult a licensed family-law attorney in your state.

Sources

• Uniform Marriage and Divorce Act (UMDA), National Conference of Commissioners on Uniform State Laws (foundational model for many state no-fault statutes)
• California Family Code, Section 2310, 2320, 2339: https://leginfo.legislature.ca.gov/faces/codes_displaySection.xhtml?lawCode=FAM&sectionNum=2310.
• Texas Family Code, Chapter 6: https://statutes.capitol.texas.gov/GetStatute.aspx?Code=FA&Value=6
• Maryland Code, Family Law Section 7-103 (2023 SB 36): https://mgaleg.maryland.gov/mgawebsite/Laws/StatuteText?article=gfl&section=7-103
• D.C. Code Section 16-904 (D.C. Law 25-115, eff. Jan 26 2024): https://code.dccouncil.gov/us/dc/council/code/sections/16-904
• North Carolina General Statutes Section 50-6: https://www.ncleg.gov/enactedlegislation/statutes/html/bysection/chapter_50/gs_50-6.html
• Utah Code Section 81-4-403, 81-4-405, 81-4-414: https://le.utah.gov/xcode/Title81/Chapter4/81-4.html