Divorce
In one sentence
The legal dissolution of a marriage, ending the spouses' rights and responsibilities to each other.
Plain English
Divorce is the legal process by which a married couple ends their marriage. It involves a court officially terminating the marriage and typically requires decisions about property division, spousal support, child custody, and child support. The process can be contested, where the spouses disagree on terms, or uncontested, where they agree on the major issues. Once a divorce is finalized, both parties are free to remarry and are no longer legally responsible for each other.
Ad slot
Example
After five years of marriage, a couple files for divorce. They agree on splitting their assets equally and sharing custody of their two children, so the court grants an uncontested divorce after a few months.
Used in a sentence
“The divorce was finalized last month, and both parties are now responsible for their own finances and healthcare decisions.”
How Divorce differs by state
Divorce can apply differently depending on the state. Click a state to see local specifics.
Alabama
Alabama requires a 30-day waiting period after filing before a judge can grant a divorce decree.
Alaska
Alaska imposes a mandatory 30-day waiting period and requires residency of at least one year before filing for divorce.
Arizona
Arizona is a community property state where marital assets split equally, with no mandatory waiting period after filing.
Arkansas
Arkansas requires a 30-day waiting period and allows both fault and no-fault divorce grounds.
California
California is a community property state with a six-month waiting period from service before a divorce becomes final.
Colorado
Colorado requires a 91-day waiting period after filing before a divorce can be finalized.
Connecticut
Connecticut allows no-fault divorce based on irretrievable breakdown with no mandatory waiting period.
Delaware
Delaware offers both no-fault divorce and a 6-month separation option without court involvement.
Florida
Florida requires no grounds other than irretrievable breakdown and has no mandatory waiting period.
Georgia
Georgia recognizes both no-fault and fault-based divorce grounds with no mandatory waiting period.
Hawaii
Hawaii requires a 30-day waiting period after filing before a divorce can be finalized.
Idaho
Idaho requires a 90-day waiting period between filing and final judgment in most divorce cases.
Illinois
Illinois allows no-fault divorce based on irreconcilable differences with a six-month waiting period.
Indiana
Indiana allows immediate no-fault divorce with no mandatory waiting period if both spouses consent.
Iowa
Iowa requires a 90-day waiting period from service of papers before divorce can be finalized.
Kansas
Kansas requires a 60-day waiting period after filing before a divorce can be finalized.
Kentucky
Kentucky allows no-fault divorce after 60 days of separation or with mutual consent, without proving grounds.
Louisiana
Louisiana is unique: no-fault divorce requires a 6-month separation period, and community property rules govern asset division.
Maine
Maine recognizes no-fault divorce based on irreconcilable differences with no mandatory waiting period.
Maryland
Maryland requires either mutual consent or a 12-month separation before a no-fault divorce is final.
Massachusetts
Massachusetts requires a 120-day waiting period after filing before a judge can grant a divorce.
Michigan
Michigan allows no-fault divorce based on breakdown of the marriage with no mandatory waiting period.
Minnesota
Minnesota requires no grounds for divorce, only that the marriage is irretrievably broken, with no waiting period.
Mississippi
Mississippi allows both fault and no-fault divorce; no-fault requires a 30-day waiting period after filing.
Missouri
Missouri recognizes no-fault divorce based on irretrievable breakdown with a 30-day waiting period after filing.
Montana
Montana requires a 20-day waiting period after filing before a divorce can be finalized.
Nebraska
Nebraska imposes a 6-month waiting period from filing to final divorce decree entry.
Nevada
Nevada allows divorce with just a 6-week residency requirement and no mandatory waiting period.
New Hampshire
New Hampshire allows no-fault divorce based on irreconcilable differences with no mandatory waiting period.
New Jersey
New Jersey allows no-fault divorce based on irreconcilable differences lasting at least 6 months.
New Mexico
New Mexico recognizes both fault and no-fault divorce, with a 30-day waiting period after filing.
New York
New York requires a 30-day waiting period after filing and recognizes no-fault divorce based on irretrievable breakdown.
North Carolina
North Carolina requires a one-year separation before either spouse can file for divorce.
North Dakota
North Dakota requires a 60-day waiting period after filing and recognizes no-fault divorce based on irreconcilable differences.
Ohio
Ohio recognizes both fault and no-fault divorce, with no mandatory waiting period for no-fault grounds.
Oklahoma
Oklahoma requires a 10-day waiting period after filing before a divorce can be finalized.
Oregon
Oregon requires only a 30-day waiting period and allows divorce without proving fault or grounds.
Pennsylvania
Pennsylvania allows no-fault divorce after a 6-month separation period or mutual consent.
Rhode Island
Rhode Island allows no-fault divorce on grounds of irreconcilable differences without a waiting period.
South Carolina
South Carolina requires a one-year separation before granting a no-fault divorce.
South Dakota
South Dakota requires a 60-day waiting period after filing before a divorce can be finalized.
Tennessee
Tennessee requires a 30-day waiting period and allows either no-fault or fault-based grounds for divorce.
Texas
Texas requires a 60-day waiting period and recognizes only no-fault divorce based on insupportability.
Utah
Utah requires a 30-day waiting period and allows both no-fault and fault-based grounds for divorce.
Vermont
Vermont has no mandatory waiting period and allows no-fault divorce based on irreconcilable differences.
Virginia
Virginia requires a six-month separation period before divorce, with no-fault grounds available after waiting.
Washington
Washington is a pure no-fault divorce state with no mandatory waiting period after filing.
West Virginia
West Virginia offers both fault and no-fault divorce, with a one-year separation period for uncontested no-fault cases.
Wisconsin
Wisconsin is a pure no-fault state requiring a 120-day waiting period from filing to final judgment.
Wyoming
Wyoming is a pure no-fault state with no mandatory waiting period, allowing relatively quick divorce proceedings.
District of Columbia
DC requires a 6-month waiting period after filing, with no fault grounds available unless both spouses consent.
Related terms
No-Fault Divorce
A divorce granted without requiring either spouse to prove wrongdoing by the other.
Alimony
Court-ordered payments from one spouse to another after divorce or separation.
Spousal Support
Court-ordered payments from one spouse to another, typically during or after divorce proceedings.
Child Custody
A court's decision about which parent has the right to care for and make decisions for a child.
Child Support
Court-ordered payments from one parent to the other for a child's living expenses.
Common Law Marriage
A marriage created by mutual agreement and cohabitation, without a formal ceremony or license.
Community Property
Property acquired during marriage that is owned equally by both spouses, regardless of who earned it.
This page is a plain-English reference and is not legal advice. Laws vary by jurisdiction and change over time. For specific situations consult a licensed attorney.