Divorce

Florida uses the term 'dissolution of marriage' rather than 'divorce' in all statutes and court filings. It is a pure no-fault state with only two grounds: irretrievable breakdown of the marriage (the overwhelmingly common ground) or mental incapacity of one spouse. One party must have resided in Florida for at least 6 months before filing. Florida eliminated permanent alimony in 2023.

Fla. Stat. §61.052 (grounds); Fla. Stat. §61.021 (residency)

California exclusively uses the term 'dissolution of marriage' in all statutes and court forms—the word 'divorce' does not appear in the Family Code. It is a pure no-fault state with two grounds: irreconcilable differences (defined in §2311 as substantial reasons for not continuing the marriage) or permanent legal incapacity to make decisions. California has a 6-month residency requirement and a mandatory 6-month waiting period from service of the petition before the dissolution can be finalized.

Cal. Fam. Code §2310 (grounds); Cal. Fam. Code §2311 (irreconcilable differences defined)

Texas uses both 'divorce' and 'dissolution of marriage' in its Family Code. The no-fault ground is termed 'insupportability'—a unique term meaning the marriage has become insupportable because of discord or conflict of personalities that destroys the legitimate ends of the marital relationship. Texas also retains seven fault-based grounds including cruelty, adultery, conviction of felony, abandonment, living apart for 3+ years, and confinement in a mental hospital. One party must have been a Texas domiciliary for 6 months and a county resident for 90 days.

Tex. Fam. Code §6.001 (insupportability); §§6.002–6.007 (fault grounds)

New York was the last U.S. state to adopt no-fault divorce, adding 'irretrievable breakdown' as the seventh ground in 2010. Under DRL §170(7), one spouse must state under oath that the relationship has broken down irretrievably for at least six months. New York also retains six fault-based grounds: cruel and inhuman treatment, abandonment (1+ year), imprisonment (3+ consecutive years), adultery, living apart under a court-ordered separation (1+ year), and living apart under a written separation agreement (1+ year). All economic issues must be resolved before a no-fault divorce judgment is granted.

N.Y. Dom. Rel. Law §170(7) (no-fault); §170(1)–(6) (fault grounds)

Ohio uniquely distinguishes between 'divorce' and 'dissolution of marriage' as two separate legal proceedings. Divorce (ORC §3105.01) is adversarial—one spouse files a complaint and must allege specific grounds such as incompatibility, living apart for one year, adultery, extreme cruelty, or gross neglect of duty. Dissolution (ORC §§3105.61–3105.65) is cooperative—both spouses jointly petition with a complete separation agreement already in place, requiring no grounds. Either action can be converted to the other before final judgment.

ORC §3105.01 (divorce grounds); ORC §§3105.61–3105.65 (dissolution); ORC §3105.08 (conversion)

Illinois uses 'dissolution of marriage' and became a purely no-fault state in 2016, eliminating all fault-based grounds (previously including adultery, cruelty, habitual drunkenness, and others). The sole ground is that irreconcilable differences have caused the irretrievable breakdown of the marriage. If the parties have lived separate and apart for 6+ months, there is an irrebuttable presumption that irreconcilable differences exist. One spouse must have been an Illinois resident for 90 days before filing.

750 ILCS 5/401 (grounds and requirements)

Colorado uses 'dissolution of marriage' exclusively under its Uniform Dissolution of Marriage Act. It is a purely no-fault state—the sole ground is that the marriage is 'irretrievably broken.' At least one party must have been domiciled in Colorado for 91 days before filing, and a 91-day waiting period begins when the court acquires jurisdiction over the respondent before a decree may be entered.

C.R.S. §14-10-106 (dissolution requirements and 91-day waiting period)

In Canada, divorce is exclusively federal jurisdiction under the Divorce Act (R.S.C., 1985, c. 3 (2nd Supp.)). Ontario residents must file in the Superior Court of Justice. The sole ground is 'breakdown of the marriage,' established by: (a) one year of living separate and apart, (b) adultery, or (c) physical or mental cruelty rendering cohabitation intolerable. Ontario's provincial Family Law Act (R.S.O. 1990, c. F.3) governs property division (equalization of net family property), but cannot grant a divorce. The 2021 amendments replaced 'custody' and 'access' with 'decision-making responsibility' and 'parenting time.'

Divorce Act, R.S.C. 1985, c. 3 (2nd Supp.), s. 8 (grounds); Family Law Act, R.S.O. 1990, c. F.3 (property)

Quebec's Civil Code (CCQ) at article 516 states that marriage is dissolved by death or by divorce. Article 517 specifies that divorce is granted in accordance with the federal Divorce Act—Quebec cannot independently grant divorces. Article 518 provides that divorce entails dissolution of the matrimonial regime (community of property or partnership of acquests), with effects retroactive between spouses to the date of the application. Quebec uses civil law concepts for property (family patrimony under CCQ arts. 414–426), but the divorce itself follows the same federal grounds as all Canadian provinces.

CCQ arts. 516–518 (dissolution of marriage); Divorce Act, s. 8 (grounds)