Uncontested divorce filing fees range from $70 (Wyoming) to $435 (California) across the 50 US states. Residency requirements vary from 0 days (Alaska, South Dakota) to 12 months (New York). All 50 states allow no-fault divorce, with waiting periods from 0 to 365 days.
Compare residency requirements, filing fees, waiting periods, and no-fault availability across all 50 US states, the District of Columbia, and 13 Canadian provinces and territories.
California imposes a mandatory 6-month waiting period from the date the respondent is served (Family Code § 2339). No divorce can be finalized before this period ends. Parties can negotiate their settlement during this time, but the judgment cannot be entered until the 6 months have elapsed.
Texas requires a mandatory 60-day waiting period from the date the petition is filed (Family Code § 6.702) before the court can grant a divorce. Unlike the service date, this waiting period runs from filing. The only exception is for divorces involving documented family violence convictions.
Florida law requires a minimum 20-day waiting period before a final judgment of dissolution of marriage can be entered. Under Fla. Stat. § 61.19, no final judgment may be entered until at least 20 days have elapsed from the date the original petition was filed. A court may shorten this period only on a showing that injustice would result from the delay. In practice the 20-day minimum rarely drives the overall timeline — court scheduling and case complexity matter more — but a Florida divorce cannot be finalized sooner than 20 days after filing.
New York has no mandatory waiting period after filing for divorce. However, all issues must be resolved before the court will grant the divorce — New York does not grant a divorce while custody, property, or support issues remain open. This means most New York divorces take several months even when uncontested.
* Scroll down for all 64 jurisdictions including Canada
United States
51 jurisdictions
Alabama
■Residency Requirement: Under Alabama Code §30-2-5, if both spouses are Alabama residents, you can file for divorce immediately with no waiting period. If the defendant lives out of state, the plaintiff must have been a bona fide resident of Alabama for at least six months before filing.
■Cost to File: $200–$400
■Waiting Period: 30 days
■No-Fault Divorce: Available
Alabama allows no-fault divorce, meaning you can file based on irreconcilable differences or irretrievable breakdown of the marriage. To obtain an uncontested divorce, both spouses must agree on all major issues including property division, child custody, and support. After filing, there is a 30-day waiting period before the divorce can be finalized.
■Residency Requirement: Alaska has no minimum duration of residency required before filing for divorce. You simply must be physically present in Alaska at the time of filing and intend to remain as a resident (AS §25.24.090). Military personnel continuously stationed in Alaska for at least 30 days also qualify as residents for divorce filing purposes under AS §25.24.900.
■Cost to File: $250
■Waiting Period: 30 days
■No-Fault Divorce: Available
Alaska allows no-fault divorce, meaning you can file based on irreconcilable differences or irretrievable breakdown of the marriage. To obtain an uncontested divorce, both spouses must agree on all major issues including property division, child custody, and support. After filing, there is a 30-day waiting period before the divorce can be finalized.
■Residency Requirement: At least one spouse must have been domiciled in Arizona (or stationed in the state as a military member) for at least 90 days before filing for divorce (A.R.S. § 25-312). There is no separate county residency requirement — you file in the Superior Court of the county where either spouse lives. If minor children are involved, the court may need the children to have lived in Arizona for six months to have jurisdiction over custody issues under the UCCJEA.
■Cost to File: $249–$400
■Waiting Period: 60 days
■No-Fault Divorce: Available
Arizona allows no-fault divorce, meaning you can file based on irreconcilable differences or irretrievable breakdown of the marriage. To obtain an uncontested divorce, both spouses must agree on all major issues including property division, child custody, and support. After filing, there is a 60-day waiting period before the divorce can be finalized.
■Residency Requirement: Either you or your spouse must have been a resident of Arkansas for at least 60 days before filing the Complaint for Divorce, and at least one spouse must have resided in Arkansas for three full months before the final divorce decree can be entered (Ark. Code Ann. § 9-12-307). You must prove this residency through your own testimony and that of a corroborating witness.
■Cost to File: $165–$185
■Waiting Period: 30 days
■No-Fault Divorce: Available
Arkansas allows no-fault divorce, meaning you can file based on irreconcilable differences or irretrievable breakdown of the marriage. To obtain an uncontested divorce, both spouses must agree on all major issues including property division, child custody, and support. After filing, there is a 30-day waiting period before the divorce can be finalized.
■Residency Requirement: California Family Code § 2320 requires one spouse to have lived in California for 6 months and in the filing county for 3 months immediately before filing. Military personnel stationed in California qualify. You cannot file before meeting both requirements — there is no exception for urgency.
■Cost to File: $435–$450
■Waiting Period: California imposes a mandatory 6-month waiting period from the date the respondent is served (Family Code § 2339). No divorce can be finalized before this period ends. Parties can negotiate their settlement during this time, but the judgment cannot be entered until the 6 months have elapsed.
■No-Fault Divorce: Available
California allows no-fault divorce, meaning you can file based on irreconcilable differences or irretrievable breakdown of the marriage. To obtain an uncontested divorce, both spouses must agree on all major issues including property division, child custody, and support. After filing, there is a 180-day waiting period before the divorce can be finalized.
■Residency Requirement: At least one spouse must have been a resident of Colorado for a minimum of 91 days immediately before filing for divorce (C.R.S. §14-10-106(1)(a)(I)). There is no separate county residency requirement. If minor children are involved, the children must have lived in Colorado for at least 182 days for the court to have jurisdiction over custody matters.
■Cost to File: $230–$350
■Waiting Period: 91 days
■No-Fault Divorce: Available
Colorado allows no-fault divorce, meaning you can file based on irreconcilable differences or irretrievable breakdown of the marriage. To obtain an uncontested divorce, both spouses must agree on all major issues including property division, child custody, and support. After filing, there is a 91-day waiting period before the divorce can be finalized.
■Residency Requirement: Under Conn. Gen. Stat. §46b-44, at least one spouse must have been a Connecticut resident for a minimum of 12 months before the divorce can be finalized. You can file the divorce complaint before completing the 12-month period, but the court will not enter a final decree until the residency requirement is satisfied. There is no separate county-level residency requirement.
■Cost to File: $350–$360
■Waiting Period: 90 days
■No-Fault Divorce: Available
Connecticut allows no-fault divorce, meaning you can file based on irreconcilable differences or irretrievable breakdown of the marriage. To obtain an uncontested divorce, both spouses must agree on all major issues including property division, child custody, and support. After filing, there is a 90-day waiting period before the divorce can be finalized.
■Residency Requirement: Either you or your spouse must have lived in Delaware (or been stationed in the state as a member of the U.S. armed forces) continuously for at least six months immediately before filing the divorce petition (13 Del.C. §1504(a)). There is no additional county-level residency requirement — you simply file in the county where either spouse lives.
■Cost to File: $155–$175
■Waiting Period: 20 days
■No-Fault Divorce: Available
Delaware allows no-fault divorce, meaning you can file based on irreconcilable differences or irretrievable breakdown of the marriage. To obtain an uncontested divorce, both spouses must agree on all major issues including property division, child custody, and support. After filing, there is a 20-day waiting period before the divorce can be finalized.
■Residency Requirement: To file for divorce in DC, at least one spouse must have been a bona fide resident of the District of Columbia for at least six months immediately before filing (D.C. Code § 16-902(a)). Military members who reside in DC for six continuous months during service also qualify. A special exception exists for same-sex couples married in DC who live in jurisdictions that won't grant them a divorce.
■Cost to File: $80–$120
■Waiting Period: No waiting period
■No-Fault Divorce: Available
District of Columbia allows no-fault divorce, meaning you can file based on irreconcilable differences or irretrievable breakdown of the marriage. To obtain an uncontested divorce, both spouses must agree on all major issues including property division, child custody, and support. There is no mandatory waiting period after filing.
District of Columbia Uncontested Divorce Resources
■Residency Requirement: Under Florida Statute § 61.021, at least one spouse must have lived in Florida continuously for 6 months immediately before filing. You can prove residency with a Florida driver's license, voter registration card, or an affidavit from a Florida resident who can attest to your residency.
■Cost to File: $400–$500
■Waiting Period: Florida law requires a minimum 20-day waiting period before a final judgment of dissolution of marriage can be entered. Under Fla. Stat. § 61.19, no final judgment may be entered until at least 20 days have elapsed from the date the original petition was filed. A court may shorten this period only on a showing that injustice would result from the delay. In practice the 20-day minimum rarely drives the overall timeline — court scheduling and case complexity matter more — but a Florida divorce cannot be finalized sooner than 20 days after filing.
■No-Fault Divorce: Available
Florida allows no-fault divorce, meaning you can file based on irreconcilable differences or irretrievable breakdown of the marriage. To obtain an uncontested divorce, both spouses must agree on all major issues including property division, child custody, and support. After filing, there is a 20-day waiting period before the divorce can be finalized.
■Residency Requirement: You or your spouse must have been a bona fide resident of Georgia for at least six months immediately before filing the divorce petition, as required by O.C.G.A. § 19-5-2. Military members who have lived on a U.S. military installation in Georgia for one year may also file. The divorce is typically filed in the county where the respondent resides.
■Cost to File: $200–$250
■Waiting Period: 30 days
■No-Fault Divorce: Available
Georgia allows no-fault divorce, meaning you can file based on irreconcilable differences or irretrievable breakdown of the marriage. To obtain an uncontested divorce, both spouses must agree on all major issues including property division, child custody, and support. After filing, there is a 30-day waiting period before the divorce can be finalized.
■Residency Requirement: Under the current version of HRS §580-1, as amended by Act 69 in 2021, you must be domiciled in Hawaii at the time you file for divorce. Domicile means living in Hawaii with the intention to remain as your permanent home—there is no specific minimum time period required. You must file in the Family Court circuit where you are domiciled.
■Cost to File: $215–$265
■Waiting Period: No waiting period
■No-Fault Divorce: Available
Hawaii allows no-fault divorce, meaning you can file based on irreconcilable differences or irretrievable breakdown of the marriage. To obtain an uncontested divorce, both spouses must agree on all major issues including property division, child custody, and support. There is no mandatory waiting period after filing.
■Residency Requirement: Under Idaho Code §32-701, the filing spouse must have been a resident of Idaho for at least six full weeks immediately before filing the divorce petition. There is no separate county residency requirement. This is one of the shortest residency requirements in the United States.
■Cost to File: $207–$242
■Waiting Period: 21 days
■No-Fault Divorce: Available
Idaho allows no-fault divorce, meaning you can file based on irreconcilable differences or irretrievable breakdown of the marriage. To obtain an uncontested divorce, both spouses must agree on all major issues including property division, child custody, and support. After filing, there is a 21-day waiting period before the divorce can be finalized.
■Residency Requirement: At least one spouse must have been a resident of Illinois for a minimum of 90 consecutive days immediately before filing for divorce (750 ILCS 5/401(a)). There is no county-specific residency requirement, but the case must be filed in the county where either spouse resides (750 ILCS 5/104). Only one spouse needs to meet this residency requirement — both spouses do not need to live in Illinois.
■Cost to File: $250–$400
■Waiting Period: Varies
■No-Fault Divorce: Available
Illinois allows no-fault divorce, meaning you can file based on irreconcilable differences or irretrievable breakdown of the marriage. To obtain an uncontested divorce, both spouses must agree on all major issues including property division, child custody, and support. There is no mandatory waiting period after filing.
■Residency Requirement: To file for divorce in Indiana, at least one spouse must have been a resident of Indiana for at least six months and a resident of the county where the petition is filed for at least three months immediately before filing (Indiana Code § 31-15-2-6). Military members stationed at a U.S. military installation in Indiana for the same periods satisfy these requirements.
■Cost to File: $132–$200
■Waiting Period: 60 days
■No-Fault Divorce: Available
Indiana allows no-fault divorce, meaning you can file based on irreconcilable differences or irretrievable breakdown of the marriage. To obtain an uncontested divorce, both spouses must agree on all major issues including property division, child custody, and support. After filing, there is a 60-day waiting period before the divorce can be finalized.
■Residency Requirement: If the respondent spouse is an Iowa resident and is personally served the divorce papers, there is no residency requirement for the filing spouse. Otherwise, the petitioner must have been an Iowa resident for at least one continuous year before filing (Iowa Code §598.5(1)(k)). The case must be filed in the district court of the county where either spouse resides.
■Cost to File: $265
■Waiting Period: 90 days
■No-Fault Divorce: Available
Iowa allows no-fault divorce, meaning you can file based on irreconcilable differences or irretrievable breakdown of the marriage. To obtain an uncontested divorce, both spouses must agree on all major issues including property division, child custody, and support. After filing, there is a 90-day waiting period before the divorce can be finalized.
■Residency Requirement: To file for divorce in Kansas, either you or your spouse must have been an actual resident of Kansas for at least 60 days immediately before the petition is filed (K.S.A. § 23-2703). There is no separate county residency requirement. Military personnel stationed at a U.S. post or military reservation in Kansas for at least 60 days may also file in a county adjacent to the installation.
■Cost to File: $173–$200
■Waiting Period: 60 days
■No-Fault Divorce: Available
Kansas allows no-fault divorce, meaning you can file based on irreconcilable differences or irretrievable breakdown of the marriage. To obtain an uncontested divorce, both spouses must agree on all major issues including property division, child custody, and support. After filing, there is a 60-day waiting period before the divorce can be finalized.
■Residency Requirement: At least one spouse must have been a resident of Kentucky for a minimum of 180 days (approximately six months) immediately before filing for divorce (KRS §403.140). Military members stationed in Kentucky on active duty also satisfy this requirement. You must file in the county where either spouse currently resides.
■Cost to File: $113–$250
■Waiting Period: Varies
■No-Fault Divorce: Available
Kentucky allows no-fault divorce, meaning you can file based on irreconcilable differences or irretrievable breakdown of the marriage. To obtain an uncontested divorce, both spouses must agree on all major issues including property division, child custody, and support. There is no mandatory waiting period after filing.
■Residency Requirement: To file for divorce in Louisiana, one or both spouses must be domiciled in the state at the time of filing. Under Louisiana Code of Civil Procedure Article 10(B), a spouse who has established and maintained a residence in a Louisiana parish for at least six months is presumed to be domiciled in the state.
■Cost to File: $200–$600
■Waiting Period: 180 days
■No-Fault Divorce: Available
Louisiana allows no-fault divorce, meaning you can file based on irreconcilable differences or irretrievable breakdown of the marriage. To obtain an uncontested divorce, both spouses must agree on all major issues including property division, child custody, and support. After filing, there is a 180-day waiting period before the divorce can be finalized.
■Residency Requirement: At least one spouse must have resided in Maine for six months immediately before filing, or the plaintiff must be a Maine resident and the couple was married in Maine, or the plaintiff is a Maine resident and the couple lived in Maine when the grounds arose, or the defendant is a Maine resident (19-A M.R.S.A. §901(1)). There is no separate county residency requirement.
■Cost to File: $120–$175
■Waiting Period: 60 days
■No-Fault Divorce: Available
Maine allows no-fault divorce, meaning you can file based on irreconcilable differences or irretrievable breakdown of the marriage. To obtain an uncontested divorce, both spouses must agree on all major issues including property division, child custody, and support. After filing, there is a 60-day waiting period before the divorce can be finalized.
■Residency Requirement: At least one spouse must be a resident of Maryland to file for divorce. If the grounds for divorce occurred outside of Maryland, one spouse must have been a Maryland resident for at least six months before filing (Md. Code, Family Law § 7-101). If the grounds arose within Maryland, you only need to be currently living in the state at the time you file.
■Cost to File: $165–$185
■Waiting Period: No waiting period
■No-Fault Divorce: Available
Maryland allows no-fault divorce, meaning you can file based on irreconcilable differences or irretrievable breakdown of the marriage. To obtain an uncontested divorce, both spouses must agree on all major issues including property division, child custody, and support. There is no mandatory waiting period after filing.
■Residency Requirement: If the cause of divorce occurred in Massachusetts, you need only be domiciled in the state at the time of filing — there is no minimum time requirement. If the cause occurred outside Massachusetts, you must have lived continuously in the state for at least one year immediately before filing (Mass. Gen. Laws ch. 208, §§ 4–5).
■Cost to File: $215–$305
■Waiting Period: Varies
■No-Fault Divorce: Available
Massachusetts allows no-fault divorce, meaning you can file based on irreconcilable differences or irretrievable breakdown of the marriage. To obtain an uncontested divorce, both spouses must agree on all major issues including property division, child custody, and support. There is no mandatory waiting period after filing.
■Residency Requirement: Under MCL §552.9, at least one spouse must have resided in Michigan for at least 180 days (approximately 6 months) immediately before filing. Additionally, the filing party must have resided in the county where the complaint is filed for at least 10 days. There is a limited exception to the county requirement for cases involving minor children at risk of being taken out of the country.
■Cost to File: $175–$255
■Waiting Period: 60 days
■No-Fault Divorce: Available
Michigan allows no-fault divorce, meaning you can file based on irreconcilable differences or irretrievable breakdown of the marriage. To obtain an uncontested divorce, both spouses must agree on all major issues including property division, child custody, and support. After filing, there is a 60-day waiting period before the divorce can be finalized.
■Residency Requirement: At least one spouse must have lived in Minnesota (or been stationed there as a member of the armed services) for at least 180 days (approximately six months) immediately before filing, per Minn. Stat. §518.07. There is no separate county residency requirement. Only one spouse needs to meet this threshold.
■Cost to File: $390–$402
■Waiting Period: No waiting period
■No-Fault Divorce: Available
Minnesota allows no-fault divorce, meaning you can file based on irreconcilable differences or irretrievable breakdown of the marriage. To obtain an uncontested divorce, both spouses must agree on all major issues including property division, child custody, and support. There is no mandatory waiting period after filing.
■Residency Requirement: Under Mississippi Code § 93-5-5, at least one spouse must have been a bona fide resident of Mississippi for at least six months immediately before filing for divorce. Members of the armed forces stationed in Mississippi and residing in the state with their spouse also qualify. If the court finds that residency was established solely to obtain a divorce, the case will be dismissed.
■Cost to File: $50–$175
■Waiting Period: 60 days
■No-Fault Divorce: Available
Mississippi allows no-fault divorce, meaning you can file based on irreconcilable differences or irretrievable breakdown of the marriage. To obtain an uncontested divorce, both spouses must agree on all major issues including property division, child custody, and support. After filing, there is a 60-day waiting period before the divorce can be finalized.
■Residency Requirement: Under RSMo §452.305(1), at least one spouse must have been a resident of Missouri (or a military member stationed in Missouri) for at least 90 days immediately before filing the petition. Missouri does not impose an additional county residency requirement — you may file in the county where either spouse resides.
■Cost to File: $130–$250
■Waiting Period: 30 days
■No-Fault Divorce: Available
Missouri allows no-fault divorce, meaning you can file based on irreconcilable differences or irretrievable breakdown of the marriage. To obtain an uncontested divorce, both spouses must agree on all major issues including property division, child custody, and support. After filing, there is a 30-day waiting period before the divorce can be finalized.
■Residency Requirement: To file for divorce in Montana, at least one spouse must have resided in the state (or been stationed there as a member of the armed services) for a minimum of 90 days immediately preceding the filing, per MCA § 40-4-104 and MCA § 25-2-118. If the divorce involves minor children, the children must have resided in Montana for at least six months for the court to have jurisdiction over parenting issues (MCA § 40-4-211).
■Cost to File: $200–$250
■Waiting Period: 21 days
■No-Fault Divorce: Available
Montana allows no-fault divorce, meaning you can file based on irreconcilable differences or irretrievable breakdown of the marriage. To obtain an uncontested divorce, both spouses must agree on all major issues including property division, child custody, and support. After filing, there is a 21-day waiting period before the divorce can be finalized.
■Residency Requirement: At least one spouse must have been a bona fide resident of Nebraska for at least one year before filing for divorce, with the intention of making Nebraska a permanent home (Neb. Rev. Stat. §42-349). An exception exists if the marriage was performed in Nebraska and either spouse has lived in the state continuously since the marriage — in that case, there is no minimum durational requirement.
■Cost to File: $160–$200
■Waiting Period: 60 days
■No-Fault Divorce: Available
Nebraska allows no-fault divorce, meaning you can file based on irreconcilable differences or irretrievable breakdown of the marriage. To obtain an uncontested divorce, both spouses must agree on all major issues including property division, child custody, and support. After filing, there is a 60-day waiting period before the divorce can be finalized.
■Residency Requirement: Under NRS 125.020, at least one spouse must have been a resident of Nevada for a minimum of six weeks immediately before filing for divorce. There is no separate county residency requirement. Residency must be proven through an Affidavit of Resident Witness signed by another Nevada resident who can confirm the filing spouse's physical presence in the state.
■Cost to File: $284–$364
■Waiting Period: No waiting period
■No-Fault Divorce: Available
Nevada allows no-fault divorce, meaning you can file based on irreconcilable differences or irretrievable breakdown of the marriage. To obtain an uncontested divorce, both spouses must agree on all major issues including property division, child custody, and support. There is no mandatory waiting period after filing.
■Residency Requirement: Under RSA 458:5, you can file for divorce immediately if both spouses reside in New Hampshire, or if the filing spouse resides in New Hampshire and can personally serve the other spouse within the state. If the filing spouse is the sole New Hampshire resident and cannot serve the other spouse in-state, that spouse must have lived in New Hampshire for at least one year before filing.
■Cost to File: $280–$282
■Waiting Period: No waiting period
■No-Fault Divorce: Available
New Hampshire allows no-fault divorce, meaning you can file based on irreconcilable differences or irretrievable breakdown of the marriage. To obtain an uncontested divorce, both spouses must agree on all major issues including property division, child custody, and support. There is no mandatory waiting period after filing.
■Residency Requirement: At least one spouse must have been a bona fide resident of New Jersey for at least 12 consecutive months immediately before filing for divorce, as required by N.J.S.A. 2A:34-10. The sole exception is for divorces filed on the ground of adultery, where the one-year residency requirement is waived — either spouse only needs to be a current New Jersey resident.
■Cost to File: $300–$325
■Waiting Period: No waiting period
■No-Fault Divorce: Available
New Jersey allows no-fault divorce, meaning you can file based on irreconcilable differences or irretrievable breakdown of the marriage. To obtain an uncontested divorce, both spouses must agree on all major issues including property division, child custody, and support. There is no mandatory waiting period after filing.
■Residency Requirement: To file for divorce in New Mexico, at least one spouse must have resided in the state for at least six months immediately before filing the petition and must have a domicile (intent to remain) in the state (NMSA 1978, § 40-4-5). There is no separate county-level residency requirement — you file in the district court of the county where either spouse lives. Military members continuously stationed in New Mexico for six months are deemed to meet this requirement.
■Cost to File: $135–$155
■Waiting Period: 30 days
■No-Fault Divorce: Available
New Mexico allows no-fault divorce, meaning you can file based on irreconcilable differences or irretrievable breakdown of the marriage. To obtain an uncontested divorce, both spouses must agree on all major issues including property division, child custody, and support. After filing, there is a 30-day waiting period before the divorce can be finalized.
■Residency Requirement: New York DRL § 230 offers five residency paths. The most common: either spouse was a NY resident for 2 years, OR either spouse was a NY resident for 1 year and the parties married in NY, lived in NY as spouses, or the grounds occurred in NY. At least one condition must be satisfied.
■Cost to File: $335–$400
■Waiting Period: New York has no mandatory waiting period after filing for divorce. However, all issues must be resolved before the court will grant the divorce — New York does not grant a divorce while custody, property, or support issues remain open. This means most New York divorces take several months even when uncontested.
■No-Fault Divorce: Available
New York allows no-fault divorce, meaning you can file based on irreconcilable differences or irretrievable breakdown of the marriage. To obtain an uncontested divorce, both spouses must agree on all major issues including property division, child custody, and support. There is no mandatory waiting period after filing.
■Residency Requirement: At least one spouse must have been a resident of North Carolina for at least six months immediately before filing the divorce complaint (N.C. Gen. Stat. §50-8). It does not matter where the marriage took place — only that the residency requirement is met. The case is filed in the District Court of the county where either spouse resides.
■Cost to File: $225–$275
■Waiting Period: 1 day
■No-Fault Divorce: Available
North Carolina allows no-fault divorce, meaning you can file based on irreconcilable differences or irretrievable breakdown of the marriage. To obtain an uncontested divorce, both spouses must agree on all major issues including property division, child custody, and support. After filing, there is a 1-day waiting period before the divorce can be finalized.
■Residency Requirement: You must be a resident of North Dakota for at least six months before the court can grant your divorce (N.D.C.C. § 14-05-17). You can file the divorce action before completing the six-month period, but the court cannot issue a final divorce decree until you have been a resident for six consecutive months. Your spouse does not need to live in North Dakota.
■Cost to File: $160
■Waiting Period: No waiting period
■No-Fault Divorce: Available
North Dakota allows no-fault divorce, meaning you can file based on irreconcilable differences or irretrievable breakdown of the marriage. To obtain an uncontested divorce, both spouses must agree on all major issues including property division, child custody, and support. There is no mandatory waiting period after filing.
■Residency Requirement: To file for divorce in Ohio, you must have been a resident of the state for at least six months immediately before filing (O.R.C. §3105.03). You must also have resided in the county where you file for at least 90 days (Ohio Civil Rule 3(C)). These requirements are jurisdictional — failure to meet them may result in dismissal of your case.
■Cost to File: $200–$400
■Waiting Period: 90 days
■No-Fault Divorce: Available
Ohio allows no-fault divorce, meaning you can file based on irreconcilable differences or irretrievable breakdown of the marriage. To obtain an uncontested divorce, both spouses must agree on all major issues including property division, child custody, and support. After filing, there is a 90-day waiting period before the divorce can be finalized.
■Residency Requirement: To file for divorce in Oklahoma, at least one spouse must have been a resident of the state for at least six consecutive months immediately before filing, and the filing spouse must have lived in the county of filing for at least 30 days (Okla. Stat. tit. 43 §102–103). Military members stationed at an Oklahoma base for six months also meet this requirement.
■Cost to File: $150–$260
■Waiting Period: 10 days
■No-Fault Divorce: Available
Oklahoma allows no-fault divorce, meaning you can file based on irreconcilable differences or irretrievable breakdown of the marriage. To obtain an uncontested divorce, both spouses must agree on all major issues including property division, child custody, and support. After filing, there is a 10-day waiting period before the divorce can be finalized.
■Residency Requirement: If you were married in Oregon, either spouse simply needs to be a resident of the state at the time of filing — no minimum duration is required (ORS §107.075(1)). If you were married outside Oregon, at least one spouse must have lived in Oregon continuously for at least six months before filing (ORS §107.075(2)).
■Cost to File: $273–$301
■Waiting Period: No waiting period
■No-Fault Divorce: Available
Oregon allows no-fault divorce, meaning you can file based on irreconcilable differences or irretrievable breakdown of the marriage. To obtain an uncontested divorce, both spouses must agree on all major issues including property division, child custody, and support. There is no mandatory waiting period after filing.
■Residency Requirement: At least one spouse must have been a bona fide resident of Pennsylvania for at least six months immediately before filing the divorce complaint, per 23 Pa.C.S. § 3104(b). Both spouses do not need to meet this requirement — only one must qualify. There is no separate county residency requirement, though venue rules determine which county courthouse is appropriate for filing.
■Cost to File: $200–$500
■Waiting Period: 90 days
■No-Fault Divorce: Available
Pennsylvania allows no-fault divorce, meaning you can file based on irreconcilable differences or irretrievable breakdown of the marriage. To obtain an uncontested divorce, both spouses must agree on all major issues including property division, child custody, and support. After filing, there is a 90-day waiting period before the divorce can be finalized.
■Residency Requirement: To file for divorce in Rhode Island, either you or your spouse must have been a domiciled inhabitant and resident of the state for at least one year immediately before filing the Complaint for Divorce (R.I. Gen. Laws § 15-5-12). There is no additional county residency requirement beyond filing in the county where you reside. Military members stationed elsewhere retain Rhode Island residency during service and for 30 days afterward.
■Cost to File: $160–$250
■Waiting Period: 75 days
■No-Fault Divorce: Available
Rhode Island allows no-fault divorce, meaning you can file based on irreconcilable differences or irretrievable breakdown of the marriage. To obtain an uncontested divorce, both spouses must agree on all major issues including property division, child custody, and support. After filing, there is a 75-day waiting period before the divorce can be finalized.
■Residency Requirement: If both spouses live in South Carolina, the filing spouse must have resided in the state for at least three months before filing. If only one spouse lives in South Carolina, that spouse must have been a resident for at least one full year before filing (S.C. Code § 20-3-30). Military personnel stationed in South Carolina satisfy the residency requirement.
■Cost to File: $150–$200
■Waiting Period: 365 days
■No-Fault Divorce: Available
South Carolina allows no-fault divorce, meaning you can file based on irreconcilable differences or irretrievable breakdown of the marriage. To obtain an uncontested divorce, both spouses must agree on all major issues including property division, child custody, and support. After filing, there is a 365-day waiting period before the divorce can be finalized.
■Residency Requirement: South Dakota has no minimum residency duration requirement. Under SDCL § 25-4-30, you must simply be a resident of South Dakota (or a military member stationed there) at the time you file for divorce. You do not need to have lived in the state for any specific number of months or years before filing.
■Cost to File: $95–$120
■Waiting Period: 60 days
■No-Fault Divorce: Available
South Dakota allows no-fault divorce, meaning you can file based on irreconcilable differences or irretrievable breakdown of the marriage. To obtain an uncontested divorce, both spouses must agree on all major issues including property division, child custody, and support. After filing, there is a 60-day waiting period before the divorce can be finalized.
■Residency Requirement: Under T.C.A. §36-4-104, at least one spouse must have been a bona fide resident of Tennessee for six months immediately preceding the filing of the divorce complaint. Active-duty military personnel stationed in Tennessee for at least one year are presumed to be residents. There is no separate county residency requirement, but the case must be filed in the proper county for venue.
■Cost to File: $200–$400
■Waiting Period: 60 days
■No-Fault Divorce: Available
Tennessee allows no-fault divorce, meaning you can file based on irreconcilable differences or irretrievable breakdown of the marriage. To obtain an uncontested divorce, both spouses must agree on all major issues including property division, child custody, and support. After filing, there is a 60-day waiting period before the divorce can be finalized.
■Residency Requirement: Texas Family Code § 6.301 requires the filing spouse to have been a Texas domiciliary for 6 months and a resident of the filing county for 90 days immediately before filing. Both requirements apply to either the petitioner or respondent — if your spouse meets both, you can file even if you moved recently.
■Cost to File: $250–$350
■Waiting Period: Texas requires a mandatory 60-day waiting period from the date the petition is filed (Family Code § 6.702) before the court can grant a divorce. Unlike the service date, this waiting period runs from filing. The only exception is for divorces involving documented family violence convictions.
■No-Fault Divorce: Available
Texas allows no-fault divorce, meaning you can file based on irreconcilable differences or irretrievable breakdown of the marriage. To obtain an uncontested divorce, both spouses must agree on all major issues including property division, child custody, and support. After filing, there is a 60-day waiting period before the divorce can be finalized.
■Residency Requirement: To file for divorce in Utah, either you or your spouse must have been a resident of the state and of the specific county where you plan to file for at least 90 days (three months) immediately before filing, per Utah Code § 81-4-402(1). Members of the U.S. armed forces stationed in Utah for three months may also file. If neither spouse meets these requirements, both spouses may consent to Utah court jurisdiction.
■Cost to File: $310–$360
■Waiting Period: 30 days
■No-Fault Divorce: Available
Utah allows no-fault divorce, meaning you can file based on irreconcilable differences or irretrievable breakdown of the marriage. To obtain an uncontested divorce, both spouses must agree on all major issues including property division, child custody, and support. After filing, there is a 30-day waiting period before the divorce can be finalized.
■Residency Requirement: To file for divorce in Vermont, either you or your spouse must have lived in the state for at least six months (15 V.S.A. § 592). However, the divorce cannot be finalized until at least one spouse has resided continuously in Vermont for one full year before the final hearing.
■Cost to File: $90–$295
■Waiting Period: 180 days
■No-Fault Divorce: Available
Vermont allows no-fault divorce, meaning you can file based on irreconcilable differences or irretrievable breakdown of the marriage. To obtain an uncontested divorce, both spouses must agree on all major issues including property division, child custody, and support. After filing, there is a 180-day waiting period before the divorce can be finalized.
■Residency Requirement: Under Virginia Code § 20-97, at least one spouse must have been an actual bona fide resident and domiciliary of Virginia for at least six months immediately before filing the divorce suit. The other spouse does not need to be a Virginia resident. Military members stationed in Virginia for six months are presumed to meet this requirement.
■Cost to File: $80–$100
■Waiting Period: No waiting period
■No-Fault Divorce: Available
Virginia allows no-fault divorce, meaning you can file based on irreconcilable differences or irretrievable breakdown of the marriage. To obtain an uncontested divorce, both spouses must agree on all major issues including property division, child custody, and support. There is no mandatory waiting period after filing.
■Residency Requirement: Washington has no minimum durational residency requirement. You can file for divorce as long as you or your spouse is a resident of Washington, or either of you is a member of the armed forces stationed in the state, at the time the petition is filed (RCW §26.09.030). There is no required number of days, weeks, or months of residency before filing.
■Cost to File: $300–$400
■Waiting Period: 90 days
■No-Fault Divorce: Available
Washington allows no-fault divorce, meaning you can file based on irreconcilable differences or irretrievable breakdown of the marriage. To obtain an uncontested divorce, both spouses must agree on all major issues including property division, child custody, and support. After filing, there is a 90-day waiting period before the divorce can be finalized.
■Residency Requirement: If you were married in West Virginia, either you or your spouse simply needs to be a current resident of the state at the time of filing—there is no minimum length of residency required (W. Va. Code §48-5-105(a)(1)). If you were married outside of West Virginia, at least one spouse must have been a bona fide resident of the state for one continuous year immediately before filing (§48-5-105(a)(2)).
■Cost to File: $135–$160
■Waiting Period: 365 days
■No-Fault Divorce: Available
West Virginia allows no-fault divorce, meaning you can file based on irreconcilable differences or irretrievable breakdown of the marriage. To obtain an uncontested divorce, both spouses must agree on all major issues including property division, child custody, and support. After filing, there is a 365-day waiting period before the divorce can be finalized.
■Residency Requirement: To file for divorce in Wisconsin, at least one spouse must have been a bona fide resident of the state for at least six months and a resident of the county where the divorce is filed for at least 30 days immediately before filing (Wis. Stat. §767.301). These requirements are strictly enforced; filing before they are met means the action was never properly commenced.
■Cost to File: $175–$200
■Waiting Period: Varies
■No-Fault Divorce: Available
Wisconsin allows no-fault divorce, meaning you can file based on irreconcilable differences or irretrievable breakdown of the marriage. To obtain an uncontested divorce, both spouses must agree on all major issues including property division, child custody, and support. There is no mandatory waiting period after filing.
■Residency Requirement: To file for divorce in Wyoming, at least one spouse must have resided in the state for 60 days immediately before filing the complaint (Wyo. Stat. §20-2-107). Alternatively, if the marriage took place in Wyoming, one spouse must have lived in the state continuously from the time of the marriage until filing. There is no separate county residency requirement.
■Cost to File: $70–$160
■Waiting Period: 20 days
■No-Fault Divorce: Available
Wyoming allows no-fault divorce, meaning you can file based on irreconcilable differences or irretrievable breakdown of the marriage. To obtain an uncontested divorce, both spouses must agree on all major issues including property division, child custody, and support. After filing, there is a 20-day waiting period before the divorce can be finalized.
In Canada, divorce is governed by the federal Divorce Act (RSC 1985, c 3), which requires proof of marriage breakdown through one year of separation, adultery, or cruelty. Provincial courts handle procedural matters.
Alberta
■Residency Requirement: To file for divorce in Alberta, at least one spouse must have been ordinarily resident in the province for at least one year immediately before the divorce proceeding is started. There is no separate county or municipal residency requirement. You do not need to be a Canadian citizen — residency in Alberta is sufficient.
■Cost to File: CAD $260–CAD $310
■Waiting Period: 365 days
■No-Fault Divorce: Available
Alberta allows no-fault divorce, meaning you can file based on irreconcilable differences or irretrievable breakdown of the marriage. To obtain an uncontested divorce, both spouses must agree on all major issues including property division, parenting arrangements, and support. After filing, there is a 365-day waiting period before the divorce can be finalized.
■Residency Requirement: To file for divorce in British Columbia, at least one spouse must have been habitually resident in the province for at least one year immediately before filing the divorce application, as required by section 3(1) of the Divorce Act. Both spouses do not need to live in BC — only one must meet this requirement. There is no separate county or district residency requirement.
■Cost to File: CAD $290–CAD $330
■Waiting Period: 31 days
■No-Fault Divorce: Available
British Columbia allows no-fault divorce, meaning you can file based on irreconcilable differences or irretrievable breakdown of the marriage. To obtain an uncontested divorce, both spouses must agree on all major issues including property division, parenting arrangements, and support. After filing, there is a 31-day waiting period before the divorce can be finalized.
■Residency Requirement: To file for divorce in Manitoba, at least one spouse must have been ordinarily resident in the province for at least one year immediately before filing, as required by section 3(1) of the Divorce Act. You do not need to be a Canadian citizen or permanent resident — ordinary residence for 12 months is sufficient.
■Cost to File: CAD $200
■Waiting Period: 31 days
■No-Fault Divorce: Available
Manitoba allows no-fault divorce, meaning you can file based on irreconcilable differences or irretrievable breakdown of the marriage. To obtain an uncontested divorce, both spouses must agree on all major issues including property division, parenting arrangements, and support. After filing, there is a 31-day waiting period before the divorce can be finalized.
■Residency Requirement: At least one spouse must have been habitually resident in New Brunswick for a minimum of one year immediately before filing the divorce petition, as required by section 3(1) of the Divorce Act. There is no requirement to be a Canadian citizen — you simply must have been physically and habitually living in the province for that period. There is no separate county or municipal residency requirement.
■Cost to File: CAD $125–CAD $225
■Waiting Period: 31 days
■No-Fault Divorce: Available
New Brunswick allows no-fault divorce, meaning you can file based on irreconcilable differences or irretrievable breakdown of the marriage. To obtain an uncontested divorce, both spouses must agree on all major issues including property division, parenting arrangements, and support. After filing, there is a 31-day waiting period before the divorce can be finalized.
■Residency Requirement: At least one spouse must have been ordinarily resident in Newfoundland and Labrador for a minimum of one full year (12 months) immediately before commencing the divorce application. There is no additional municipal or district residency requirement. You do not need to be a Canadian citizen — only ordinary residence in the province is required.
■Cost to File: CAD $200–CAD $400
■Waiting Period: 365 days
■No-Fault Divorce: Available
Newfoundland and Labrador allows no-fault divorce, meaning you can file based on irreconcilable differences or irretrievable breakdown of the marriage. To obtain an uncontested divorce, both spouses must agree on all major issues including property division, parenting arrangements, and support. After filing, there is a 365-day waiting period before the divorce can be finalized.
Newfoundland and Labrador Uncontested Divorce Resources
■Residency Requirement: To file for divorce in the Northwest Territories, either you or your spouse must have been ordinarily resident in the NWT for at least one year immediately before filing the divorce application. This is a requirement of section 3(1) of the federal Divorce Act. There is no additional community-level residency requirement.
■Cost to File: CAD $157–CAD $210
■Waiting Period: No waiting period
■No-Fault Divorce: Available
Northwest Territories allows no-fault divorce, meaning you can file based on irreconcilable differences or irretrievable breakdown of the marriage. To obtain an uncontested divorce, both spouses must agree on all major issues including property division, parenting arrangements, and support. There is no mandatory waiting period after filing.
■Residency Requirement: To file for divorce in Nova Scotia, at least one spouse must have been ordinarily resident in the province for at least one year immediately before the divorce proceeding is commenced, as required by section 3(1) of the Divorce Act. There is no additional county or municipal residency requirement. If you recently moved to Nova Scotia and have not yet lived here for one year, your spouse may be able to file in the province where they meet the residency requirement.
■Cost to File: CAD $218–CAD $320
■Waiting Period: 365 days
■No-Fault Divorce: Available
Nova Scotia allows no-fault divorce, meaning you can file based on irreconcilable differences or irretrievable breakdown of the marriage. To obtain an uncontested divorce, both spouses must agree on all major issues including property division, parenting arrangements, and support. After filing, there is a 365-day waiting period before the divorce can be finalized.
■Residency Requirement: To file for divorce in Nunavut, at least one spouse must have been ordinarily resident in the territory for at least one year immediately before the petition is filed, as required by the Divorce Act, s. 3(1). There is no additional community-level or municipal residency requirement. If neither spouse meets this requirement, you must file for divorce in the province or territory where either spouse qualifies.
■Cost to File: CAD $200–CAD $400
■Waiting Period: 31 days
■No-Fault Divorce: Available
Nunavut allows no-fault divorce, meaning you can file based on irreconcilable differences or irretrievable breakdown of the marriage. To obtain an uncontested divorce, both spouses must agree on all major issues including property division, parenting arrangements, and support. After filing, there is a 31-day waiting period before the divorce can be finalized.
■Residency Requirement: The federal Divorce Act (s. 3) requires that either spouse have been ordinarily resident in Ontario for at least one year immediately before the application is made. "Ordinarily resident" means your habitual and customary home, not just temporary presence. You may file earlier, but the one-year residency must be met at the time of application.
■Cost to File: CAD $450–CAD $650
■Waiting Period: The Canadian Divorce Act requires one year of separation before a divorce order can be granted. There is no additional waiting period after filing — the application can be filed at any time, but the divorce judgment will not issue until the one-year mark. The separation clock starts from the date of living separate and apart.
■No-Fault Divorce: Available
Ontario allows no-fault divorce, meaning you can file based on irreconcilable differences or irretrievable breakdown of the marriage. To obtain an uncontested divorce, both spouses must agree on all major issues including property division, parenting arrangements, and support. After filing, there is a 365-day waiting period before the divorce can be finalized.
■Residency Requirement: To file for divorce in Prince Edward Island, either you or your spouse must have been ordinarily resident in PEI for at least one year immediately before the divorce petition is filed, as required by section 3(1) of the Divorce Act. There is no additional county-level residency requirement in PEI — only the one-year provincial residency rule applies.
■Cost to File: CAD $200–CAD $350
■Waiting Period: 365 days
■No-Fault Divorce: Available
Prince Edward Island allows no-fault divorce, meaning you can file based on irreconcilable differences or irretrievable breakdown of the marriage. To obtain an uncontested divorce, both spouses must agree on all major issues including property division, parenting arrangements, and support. After filing, there is a 365-day waiting period before the divorce can be finalized.
Prince Edward Island Uncontested Divorce Resources
■Residency Requirement: At least one spouse must have been ordinarily resident in Quebec for a minimum of one year immediately before filing the divorce application. There is no additional district-level residency requirement, though the application must be filed in the judicial district where you or your spouse resides.
■Cost to File: CAD $10–CAD $335
■Waiting Period: No waiting period
■No-Fault Divorce: Available
Quebec allows no-fault divorce, meaning you can file based on irreconcilable differences or irretrievable breakdown of the marriage. To obtain an uncontested divorce, both spouses must agree on all major issues including property division, parenting arrangements, and support. There is no mandatory waiting period after filing.
■Residency Requirement: To file for divorce in Saskatchewan, at least one spouse must have been habitually resident in the province for at least one year immediately before filing, as required by section 3(1) of the Divorce Act. You do not need to have been married in Saskatchewan, and Canadian citizenship is not required — only the one-year residency threshold must be met.
■Cost to File: CAD $300–CAD $400
■Waiting Period: 31 days
■No-Fault Divorce: Available
Saskatchewan allows no-fault divorce, meaning you can file based on irreconcilable differences or irretrievable breakdown of the marriage. To obtain an uncontested divorce, both spouses must agree on all major issues including property division, parenting arrangements, and support. After filing, there is a 31-day waiting period before the divorce can be finalized.
■Residency Requirement: At least one spouse must have been ordinarily resident in Yukon for at least one full year (12 months) immediately before filing for divorce (Divorce Act, s. 3(1)). It does not matter where the marriage took place — only that the residency requirement is met at the time the application is commenced.
■Cost to File: CAD $150–CAD $200
■Waiting Period: No waiting period
■No-Fault Divorce: Available
Yukon allows no-fault divorce, meaning you can file based on irreconcilable differences or irretrievable breakdown of the marriage. To obtain an uncontested divorce, both spouses must agree on all major issues including property division, parenting arrangements, and support. There is no mandatory waiting period after filing.
An uncontested divorce is when both spouses agree on all major issues including property division, child custody, child support, and spousal support. Because there are no disputes requiring court resolution, uncontested divorces are typically faster, cheaper, and less stressful than contested divorces. Most states allow uncontested divorces to proceed without a court hearing.
Which state has the cheapest divorce filing fee?
Wyoming has the lowest divorce filing fee in the United States at approximately $70. Other affordable states include Montana ($170), North Dakota ($80), and Mississippi ($52-$75 depending on county). Filing fees vary significantly by state and sometimes by county within the same state.
Which states have no waiting period for divorce?
Several states have no mandatory waiting period after filing for divorce, including Alaska, Arizona, Georgia, Montana, Nevada, Oklahoma, and Wyoming. However, most states impose waiting periods ranging from 20 days (California) to 365 days (Vermont for contested divorces). These waiting periods begin after filing, not after separation.
Do all US states allow no-fault divorce?
Yes, all 50 US states now allow no-fault divorce. New York was the last state to adopt no-fault divorce in 2010. No-fault divorce means you can file based on 'irreconcilable differences' or 'irretrievable breakdown' without proving wrongdoing like adultery or cruelty. Some states still offer fault-based grounds as an option.
What is the shortest residency requirement for divorce?
Alaska and South Dakota have no residency requirement for divorce—you can file immediately upon moving there. Nevada requires only 6 weeks of residency, making it historically popular for quick divorces. Most states require 3-12 months of residency before you can file for divorce in that state.
Can I get divorced in a different state than where I was married?
Yes, you can file for divorce in any state where you meet the residency requirements, regardless of where you were married. You do not need to divorce in the state where you married. However, you must satisfy the residency requirement of the state where you file, which ranges from immediate (Alaska) to 12 months (New York).
How long does an uncontested divorce take?
Uncontested divorces typically take 30 days to 6 months from filing to finalization, depending on the state's mandatory waiting period and court processing times. States with no waiting period like Nevada can finalize divorces in as little as 2-3 weeks. States with 90+ day waiting periods will take at least that long.
What's the difference between separation and divorce?
Legal separation allows couples to live apart and divide assets while remaining legally married, preserving benefits like health insurance and Social Security. Divorce legally ends the marriage entirely. Six states (Delaware, Florida, Georgia, Mississippi, Pennsylvania, Texas) do not offer legal separation as a formal status.
Need Help Understanding Your Options?
Victoria can answer questions about uncontested divorce requirements in your state or province, or help you find a divorce attorney.