Quick Reference

The information that follows is a summary provided as a courtesy for our clients and prospective clients.  It represents our best information at the moment and is in no way intended to be construed as legal advice. If we do not have current  information for your state or to double-check for recent changes, we encourage you to contact the clerk in divorce court in your county of filing. If upon doing this you discover information you would like to share with us to update our records we would greatly appreciate it.  You may contact us at support@ourdivorceagreement.com.

State

Does ODA.com have filing forms for Legal Separation?

 Annulment?

 

 What are the Residency Requirements?

 

How long is the Waiting Period?

Alabama

No

No

When the defendant is not a resident, the petitioner must have been a bona fide resident of this state for six (6) months before the filing of the complaint. Which must be stated and proved in the complaint. If both parties currently reside in the state, there is no time period required. Alabama law requires that thirty (30) days elapse from the filing of the Complaint and Summons or Answer and Waiver before a final judgment of divorce be entered.  Code of Alabama, Section 30-2-8.
Alaska No No Alaska requires that the spouse filing for divorce be a resident of the state.  There is no residency time limit for filing divorce actions. AS 25.24.080
Arizona No  No At least one of the parties filing for dissolution of marriage must have resided in the State of Arizona for at least ninety (90) days before the filing of the action. There is a sixty-four (64) day waiting period from the date the Respondent was served with the Summons and Petition before the court will allow the filing of the Stipulation to File Consent Decree and Decree. ARS 25-329
Arkansas  No  No A spouse must have resided in the State of Arkansas for a period of sixty (60) days prior to the filing of divorce and three (3) full months before the final judgment granting the divorce. 9-12-307 Where husband and wife have lived separate and apart from each other for eighteen continuous months without cohabitation, regardless of fault or reason. 9-12-301 A waiting period of thirty (30) days after the filing for divorce is usually required before a divorce may be granted, subject to a few exceptions. 9-12-310
California Yes  Yes  California law requires that at least one of the parties must have been a resident of the state for at least six months prior to the filing of the action. At least one of the parties must also have been a resident of the county they filed in for at least three (3) months prior to filing.  If you and your spouse have both lived in California for at least six (6) months but in different counties for at least three (3) months, you can file your case in either county. No judgment of dissolution of marriage is final until six (6) months have elapsed from the date the respondent was served with a copy of the summons and petition or the date of appearance of the respondent, whichever comes first.

State

Legal Separation

Annulment

Residency Requirement

Waiting Period

Colorado Yes No Your case should be filed in the county where you or the Co-Petitioner/Respondent resides.  If you and your spouse file together and sign the same paperwork, filing the petition as “Petitioner and Co-Petitioner”, then the mandatory 90-day waiting period begins on the date the papers are filed with the Court. However, if one of you files a Petition for Dissolution or Legal Separation and then serves the other spouse with a copy, the 90-day period begins on the date the Petition is served. Your divorce will take at least 90 days, and may take longer, depending on the circumstances of your case and court schedules. 
Connecticut     A complaint for dissolution of marriage may be filed at any time after either spouse has established residency with the State of Connecticut.  A decree of dissolution of marriage will not be issued by the court however, until:

1.  At least one of the parties to the marriage has been a resident of the state for one year prior to the filing of the complaint of the date of the decree; or,

2.  One of the parties was domiciled in the state at the time of marriage and returned to the state with the intention of remaining indefinitely prior to the filing of the complaint; or,

3.  The cause of the divorce arose after either party moved to the state.  CGSA 46b-45

You must wait a minimum of 90 days after your divorce action starts (Return Date) to get a judgment of divorce. The Return Date is noted on the Summons and the waiting period generally ends on the Case Management Date noted in the Notice of Automatic Court Orders.

Delaware No   Yes At least one of the parties to the action for divorce must have resided within the State of Delaware for at least six continuous months immediately prior to the commencement of the action for divorce.  The petition may be filed in the county where either party resides. DCA 13-1504, 13-1507 No divorce shall be granted until after the parties have been separated for a period of six months.  DCA 13-1507
Florida  No No One of the parties must reside in the state for six (6) months before the filing of the petition.  No final judgment of dissolution of marriage will be entered until at least 20 days have elapsed from the date of filing the original petition for dissolution of marriage. Unless the court decides that injustice would result from this delay. In that case the court may enter a final judgment of dissolution of marriage at an earlier date.
Georgia  No No The party filing for divorce must have been an actual and bona fide resident of the State of Georgia for at least six months prior to the filing of the petition for divorce and the divorce action shall be filed in that party's county of residence. If the filing party is a non-resident of the State of Georgia and the other spouse has been a resident of the state for six months, the filing party may file the petition in the county in which the other party resides. A divorce based upon the irretrievable breakdown of the marriage shall not be granted until at least 30 days have elapsed from the date of service upon the respondent.

State

Legal Separation

Annulment

Residency Requirement

Waiting Period

Hawaii  No No  At least one party has lived or been physically present in the State of Hawaii for a continuous period of at least six (6) months and they have lived and/or been physically present on the same island for a continuous period of at least three (3) months immediately preceding this application. There is no divorce-specific waiting period in Hawaii.
Idaho  No No The plaintiff in an action for divorce in the State of Idaho must have been a resident of the state for at least six (6) full weeks immediately prior to the filing of the action for divorce. The action can be filed in the county where the plaintiff or defendant resides.   Idaho has a mandatory 20-day waiting period between the time your spouse was served and the time you finalize your divorce if your divorce is entered by default.  If you have minor children, you will need to attend the court’s Parenting Workshop (called “Divorce Orientation” or “Mediation Orientation” in some districts) before you can finalize your divorce.  The twenty-day waiting period and the parenting workshop attendance (if applicable) are required for you to obtain a default divorce even if you and your spouse agree on all the issues in your divorce. 
Illinois  No No  The Petitioner must reside in the State of Illinois continuously for ninety (90) days before the commencement of this action. The spouses must have lived separate and apart for a continuous period of at least 6 months before the entry of the judgment dissolving the marriage.
Indiana No  No  The Petitioner needs to have been a continuous resident of <%=RSStateData("cntres")%> their County for the last 3 months and a continuous resident of the State of Indiana for the last 6 months. No decree of dissolution of marriage will be issued until at least sixty days have elapsed from the date of the filing of the petition. AIC 31-15-2-13
Iowa  No  No

               You must either have been a resident of the State of Iowa for at least one year prior to filing the Petition for Dissolution, or your spouse must be a resident of Iowa and they must be personally served the dissolution of marriage papers.

There is a ninety (90) day waiting period between the date that the Acceptance of Service, Waiver and Answer is filed by your spouse, and the day that the Decree of Dissolution may be granted.  Once the papers are filed, the Court will schedule your case to be reviewed by the Judge after the 90 days have expired.  Iowa Code §598.19.  

State

Legal Separation

Annulment

Residency Requirement

Waiting Period

Kansas  No No  Kansas law requires that at least one of the spouses must be a resident of the state for a minimum of sixty (60) days immediately prior to the filing of the petition for divorce.  Unless the court has entered an order declaring the existence of an emergency, no decree of divorce may issue until sixty (60) days have elapsed from the filing of the petition for divorce. 
Kentucky  No No The Petitioner  needs to have been a resident of the same county in Kentucky for more than one hundred eighty (180) days immediately prior to the commencement of the divorce petition. Co-petitioners need to have lived separate and apart without any cohabitation for a minimum of sixty (60) days, satisfying Kentucky Revised Statutes Title 35, Chapter 403.170.   
Louisiana No  No  Louisiana law requires that at the time of filing, one or both of the spouses be domiciled in the state. However only one spouse is required to prove that the have resided in the parish they are filing in for a period of six months. The parties must have remained separated for a period of one hundred-eighty days from the filing of the petition before the court will grant a judgment of dissolution of marriage. In addition, the law requires that two days (exclusive of holidays) elapse from the entry of the judgment of default before a default judgment may be confirmed.
Maine  No No

The residency requirements are fulfilled if: Plaintiff resided in Maine in good faith for six months before filing this complaint; OR Plaintiff is a resident of Maine and the parties were married in Maine; OR Plaintiff is a resident of Maine and the parties resided in Maine when the grounds for divorce arose; OR Defendant is a resident of Maine.

Maryland  Yes  No If the grounds for divorce occurred outside of the State of Maryland, at least one of the parties to the divorce must have resided in Maryland for at least one year immediately prior to the filing of the action. AMC 7-101 There is a one year separation period for Maryland.

State

Legal Separation

Annulment

Residency Requirement

Waiting Period

Massachusetts  No No If the cause of the divorce occurred outside of Massachusetts, the plaintiff must have resided in Massachusetts for at least one year prior to the filing of the action. If the cause of the divorce occurred within Massachusetts, at least one of the parties must be a Massachusetts resident. The court approves the Agreement of the parties within 30 days of submission/hearing. The court enters a judgment within 30 days of approval of the Agreement.
Michigan  Yes  No At least one of the parties to an action for divorce must have resided in the State of Michigan for at least 180 days immediately prior to the filing of the complaint and must have resided in the county of filing for at least 10 days immediately prior to the filing of the complaint.  There is an exception to this rule. The exception is that the residency requirement may be waived if the defendant was born in or is a citizen of a foreign country and the parties have minor children that are at risk of being taken out of the U.S..  
No Divorce may be final until thirty (30) days have elapsed between the date the Petition is filed and the date the Decree is signed and filed with the Clerk.
Minnesota No No In order to commence a divorce, one or the other spouse must be a resident or domiciliary of Minnesota for more than 6 months immediately preceding commencement of the divorce. There is no waiting period or mandatory separation period in order to proceed with a divorce assuming the residency requirements is satisfied. 

State

Legal Separation

Annulment

Residency Requirement

Waiting Period

Mississippi  No No At least one of the parties to a divorce action in Mississippi must have been an actual bona fide resident of the state for six (6) months prior to the filing of the divorce action.   Complaints for divorce on the grounds of irreconcilable differences must have been on file for sixty (60) days before the final hearing. 
Missouri  No No  Missouri law requires that one of the spouses must be a resident of the state for a minimum of ninety (90) days immediately prior to the filing of the petition for divorce.  There is a thirty (30) day waiting period from the filing of the petition before the court will grant a judgment of dissolution of marriage.
Montana No  No  Montana law requires that the proper place of trial for an action for dissolution of marriage is the county in which the Petitioner has resided during the 90 days preceding the commencement of the action.  At least twenty days must elapse from the date of service of the Petition upon the Respondent before the final hearing may be held.
Nebraska  No No  Nebraska law requires that at least one of the parties has had actual residence in this state with a bona fide intention of making this state his or her permanent home for at least one year prior to the filing of the petition, unless the marriage was solemnized in this state and either party has resided in this state from the time of marriage to filing the petition.  All dissolution of marriage proceedings shall be brought in the district court of the county in which one of the parties resides.  No suit for divorce shall be heard or tried until sixty days after perfection of service of process, at which time the suit may be heard or tried and a decree may be entered.

State

Legal Separation

Annulment

Residency Requirement

Waiting Period

Nevada No No Nevada requires that the Petitioner has been, an actual resident of the State of Nevada for more than six weeks before the filing of this action and, during this period of time has been physically present and living in the State of Nevada, and intends to continue to make the State of Nevada home for an indefinite period of time.
New Hampshire No No New Hampshire requires that: Both parties must reside in the State at the time the action is filed, or; The plaintiff resides in the State and the defendant was personally served within the State, or; The plaintiff resided in the State for one year immediately prior to the filing of the action. There is no mandatory waiting period for an uncontested divorce. 
New Jersey  No No In order to file a no-fault divorce in the State of New Jersey, at least one of the parties to the divorce must have been a bona fide resident of the State of New Jersey for a period of at least one year prior to the filing of the action.  NJSA 2A:34-10    Separation is a no-fault ground for divorce in New Jersey, provided that the husband and wife have lived separate and apart in different habitations for a period of at least eighteen (18) consecutive months and there is no reasonable prospect of reconciliation; provided, further that after the 18-month period there shall be a presumption that there is no reasonable prospect of reconciliation. NJSA 2A:34-2
New Mexico  No No One of the parties must have been living in New Mexico for at least the past six (6) months. The petitioner or respondent must also be currently living in the county in which they are filing for divorce.

State

Legal Separation

Annulment

Residency Requirement

Waiting Period

New York  No No Petitioner and Respondent meet the residency requirements for New York if: The marriage ceremony was performed in New York State and either spouse is a resident of the state at the time of the commencement for divorce and resided in the state for a continuous period of one year immediately before the action began; OR  The couple lived as husband and wife in New York State and either spouse is a resident of the state at the time of the commencement of the action for divorce and resided in this state for a continuous period of one year immediately before the action began; OR The grounds for divorce occurred in New York State and either spouse is a resident of the state at the time of the commencement of the action for divorce and resided in this state for a continuous period of one year immediately before the action began; OR The grounds for divorce occurred in New York State and both spouses are New York residents at the time the action is commenced; OR If you and your spouse were married outside of New York State and you never lived together as husband and wife in this state and the grounds for divorce did not occur in this state -- either you or your spouse must presently be a resident of New York State and have resided continuously in the state for at least two years prior to bringing this action for divorce  The relationship between husband and wife has broken down irretrievably for a period of at least six months (DRL §170.7)
North Carolina No  No Plaintiff is a citizen and resident of the same county in North Carolina and has been for more than (6) six months next preceding the commencement of this action. That the Plaintiff and the Defendant have lived separate and apart from each other continuously for more than one (1) year next preceding the commencement of this action.
North Dakota  No No The plaintiff has been a resident of the State of North Dakota for at least the last six (6) months.  

State

Legal Separation

Annulment

Residency Requirement

Waiting Period

Ohio  No No  The parties have been residents of the State of Ohio for at least six (6) months immediately preceding the filing of the petition.   No action for divorce may be heard and decided until forty-two days after the service of process or twenty-eight days after the last publication of notice of the complaint, and no action for divorce shall be heard and decided until twenty-eight days after the service of a counterclaim, which under this rule may be designated a cross-complaint, unless the plaintiff files a written waiver of the twenty-eight day period. 
Oklahoma No  No Oklahoma law requires that one of the spouses be a resident of the state for a minimum of six (6) months immediately prior to the filing of the petition for divorce.  OSA 43-102  
No divorce case shall be heard on its merits until the petition is on file for at least ten (10) days, if there are no minor children of the parties. If there are minor children of the parties, then there is a thirty (30) day waiting period. Except in the case of an emergency duly shown by application setting forth good cause, in the opinion of the trial court, for an earlier hearing.
Oregon Yes  No

Petitioner must be a resident of Oregon and have been continuously for the past six months before filing the petition for dissolution OR your spouse is a resident of Oregon and has been continuously for the past six months before you file the petition for dissolution.

Oregon law provides that no trial or hearing on the merits in a suit for the dissolution of a marriage shall be had until after the expiration of 90 days from the date of: (a) The service of the summons and petition upon the respondent; OR (b) The first publication of summons. 

(Upon written motion, the court may in its discretion grant a judgment dissolving the marriage prior to the expiration of the waiting period. The written motion must be supported by an affidavit setting forth grounds of emergency or necessity and facts that satisfy the court that immediate action is warranted to protect the rights or interest of any party or person who might be affected by a final judgment in the proceedings. An affidavit stating that a stipulated judgment has been signed by the parties is adequate grounds of necessity for immediate action. If the court grants a judgment before the expiration of the waiting period, the court shall find and recite in the judgment the grounds of emergency or necessity and the facts with respect thereto.)

Pennsylvania No  No You or your spouse must have resided in Pennsylvania for at least six (6) months prior to filing your divorce papers with the Court. There is a 90 day waiting period between filing the complaint and submitting Property Settlement Agreement and other filing forms.
Rhode Island  No No

Rhode Island law requires that in an action for divorce, at least one of the parties to the action must have been a resident of Rhode Island for at least one year prior to filing for divorce. All complaints for divorce shall be filed in the county in which the plaintiff is residing unless the complaint is based upon the residence of the defendant, in which case the complaint shall be filed in Providence County or in the county in which the defendant resides.

No Complaint for Divorce or separation shall be heard by the Court until after the expiration of sixty (60) days after the filing of the petition, unless sooner ordered by the Court. No decree for a divorce shall become final and operative until three (3) months after the trial and decision 
South Carolina  No No South Carolina law requires that one of the parties to the divorce action must have lived in South Carolina for at least one year [three (3) months if both parties are residents of South Carolina] before filing the divorce. Generally, no reference shall be had before two months after the filing of the Complaint for Divorce in the office of the Clerk of Court, nor shall a final decree be granted before three months after such filing. However, in actions for divorce based upon the no-fault grounds of separation for one year, the hearing may be held and the decree issued after the responsive pleadings have been filed or after the respondent has been adjudged to be in default, whichever occurs sooner.
South Dakota  No No There is no length of residency requirement, aside from the Plaintiff being “a good faith resident” of the state. The Plaintiff must maintain his or her residency until the Divorce Decree is entered.  

State

Legal Separation

Annulment

Residency Requirement

Waiting Period

Tennessee  No  No Either of the parties must have resided in Tennessee for six (6) months prior to the filing of the petition.  Divorces filed upon the grounds of irreconcilable differences require that there be a sixty (60) day waiting period between the time of the filing of the petition and the hearing of the divorce if the parties have no minor children. If the parties have minor children, the Tennessee law requires a ninety (90) day waiting period between the filing of the petition and the hearing of the action. TCA 36-4-103
Texas  No No The Petitioner or the Respondent must have been: (1) a resident of this state for the preceding six-month period; and (2) a resident of the county in which the suit is filed for 90-days. There is a 60-day waiting period between the time you file the Petition and the time that the Final Decree is granted.
Utah  No No The party filing the divorce action must have been a resident of the State of Utah and a resident of the county where the divorce is filed for at least three months prior to the filing of divorce.
In Utah, there is a waiting period of ninety (90) days after the filing of the divorce action before a Decree of Divorce will be granted.
Vermont  No No One or both parties must have resided within the state for a period of at least six months immediately preceding filing for a divorce, but a divorce shall not be decreed unless at least one of the parties has resided in the state for a period of one year before the date of the final hearing.  (Temporary absence from the state because of illness, employment without the state, service as a member of the armed forces of the United States, or other legitimate and bona fide cause, shall not affect the six months' period or the one year period  provided the person has otherwise retained residence in this state.) Except under extraordinary circumstances, no divorce action shall be heard on its merits until after the expiration of six months from the date of service, if the custody of a child or children of either party is involved.

A decree of divorce shall become absolute at the expiration of three months (the “nisi period”) from the entry thereof but, in its discretion, the court may fix an earlier date upon which the decree shall become absolute. If one of the parties dies prior to the expiration of the “nisi period,” the decree shall be deemed absolute immediately prior to death.  15 VSA § 554

Virginia  No No In order to obtain a divorce in Virginia, at least one of the parties to the divorce action must have been (and must still be) an actual and bona fide resident of the State of Virginia for at least six (6) months prior to the filing of the divorce action.  Code of Virginia, Title 20, Chapter 6, §20-97
Virginia allows a no-fault divorce if there are no children of the marriage, the parties have entered into a Separation and Property Settlement Agreement, and the parties must have lived separate and apart without interruption or cohabitation for at least six (6) months.  If children are involved the separation period is one year. Code of Virginia, Title 20, Chapter 6, §20-91.

State

Legal Separation

Annulment

Residency Requirement

Waiting Period

Washington  Yes No Any party who (1) is a resident of Washington, or (2) is a member of the armed forces and is stationed in Washington, or (3) is married to a party who is a resident of Washington or who is a member of the armed forces and is stationed in Washington may petition the Court for a decree of dissolution of marriage. RCW 26.09.030
Washington requires that 90 days must elapse between filing the petition and notice to the other spouse before the divorce can become final.
Washington D.C.  No No  At least one of the parties to the action for divorce must have resided in the District of Columbia for at least six (6) months  the filing of the complaint. D.C.C. 16-902. A decree granting an absolute divorce, shall not become effective until the time for noting an appeal shall have expired.  D.C.C. 16-920.
West Virginia  No No At least one of the parties to the action for divorce must have been an actual resident of the State of West Virginia for at least one year prior to the filing of the action for divorce, unless the marriage was contracted in the State of West Virginia and one of the parties was a resident of the State at the time of contracting, in which case there is no durational residency requirement.   A final hearing for divorce may not be held until at least twenty (20) days have elapsed from the date of service of the Petition upon the Respondent [thirty (30) days if the Respondent was served by publication]. 
Wisconsin Yes No Wisconsin  requires that you or your spouse reside in the State for a minimum of six months and the county of filing for thirty days immediately prior to filing an action for divorce. Wisconsin law provides that no divorce shall issue until 120 days have elapsed from either the time the defendant is served with the summons, or from the date of filing of a joint petition.
Wyoming  No No Wyoming law requires that the party seeking the divorce must have resided in Wyoming for a minimum of sixty (60) days prior to the filing of the complaint, or that the marriage was solemnized in Wyoming and the party seeking the divorce has resided in Wyoming since the time of marriage to the filing of the complaint.  Wyoming law requires that no decree of divorce may be final unless and until twenty (20) days have elapsed from the time of the filing of the complaint.