Divorce Checklist by State: Everything You Need to File

Every state has its own set of requirements for filing a divorce, from residency rules to mandatory waiting periods. Having a clear checklist before you begin can prevent costly delays and ensure your case moves forward smoothly. This guide outlines what you need to prepare, regardless of which state you live in.

Universal Requirements

While specifics vary by state, every divorce filing requires these fundamental elements:

• Meeting your state's residency requirement
• Identifying valid grounds for divorce
• Completing and filing the correct court forms
• Paying the filing fee or obtaining a fee waiver
• Properly serving your spouse
• Completing financial disclosures

Residency Requirements by State Category

No Residency Requirement

A few states, including Alaska and South Dakota, have very minimal residency requirements, sometimes only requiring you to be a resident at the time of filing.

30 to 90 Day Residency

States including Illinois, Kansas, Montana, and Washington require 30 to 90 days of residency before filing.

Six Month Residency

The majority of states, including California, Florida, Michigan, New York, Ohio, Pennsylvania, and Texas, require six months of residency.

One Year Residency

Some states, including Connecticut, Maryland, and New Jersey, require a full year of residency.

Grounds for Divorce

All 50 states now offer no-fault divorce, meaning you do not need to prove wrongdoing by your spouse. The most common no-fault ground is irreconcilable differences. Some states also recognize fault-based grounds such as adultery, cruelty, or abandonment, which may affect alimony determinations.

Pre-Filing Checklist

1. Confirm residency: Verify you have lived in your state and county long enough to file
2. Gather required documents: Marriage certificate, financial records, tax returns, property records
3. Inventory assets: List all marital property including real estate, vehicles, bank accounts, investments, and retirement accounts
4. Inventory debts: List all marital debts including mortgages, car loans, credit cards, and student loans
5. Determine custody goals: If you have children, outline your preferred custody arrangement
6. Research filing fees: Fees range from $100 to $450 depending on your state
7. Locate your court: Find the family court in the county where you or your spouse resides

Filing Fee Ranges by State

Here are some examples of current filing fees across different states:

• California: approximately $435
• Texas: approximately $300
• Florida: approximately $410
• New York: approximately $335
• Illinois: approximately $290
• Ohio: approximately $200 to $350
• Pennsylvania: approximately $200 to $300

If you cannot afford the filing fee, most states offer fee waivers based on income.

Mandatory Waiting Periods

Many states impose a waiting period between filing and finalizing your divorce:

• No waiting period: Georgia, Montana, New Hampshire
• 30 days: Alabama, Arizona, Idaho
• 60 days: Colorado, Connecticut, Florida, Kansas, Michigan, Oklahoma, Texas, Wyoming
• 90 days: Maine, Nebraska, Oregon, Utah
• Six months: California
• One year: Louisiana, North Carolina, South Carolina for no-fault grounds

Post-Filing Checklist

1. Serve your spouse within the required timeframe
2. Complete financial disclosure forms and exchange with your spouse
3. Negotiate a settlement agreement covering property division, debt allocation, custody, and support
4. If you have children, complete a parenting plan
5. If agreed, draft and sign a marital settlement agreement
6. File all required final paperwork with the court
7. Attend the final hearing if required
8. After the decree, handle name changes, tax adjustments, and financial restructuring

If you need help navigating your state's specific requirements, a step-by-step DIY divorce guide or a mediator can help you stay on track without the cost of full attorney representation.