Residency Requirements

How US Divorce Residency Requirements Work

US divorce law operates entirely at the state level—there is no federal divorce statute. Each of the 50 states plus DC sets its own residency requirements, creating significant variation. Requirements range from immediate filing (0 days) to 2 years, with 6 months being the most common threshold across approximately 60% of states.

States With No Minimum Residency Requirement

Three states allow immediate divorce filing with no durational residency requirement:

Alaska permits filing as soon as you establish residence with intent to remain. Under Alaska law, "either you or your spouse may file to end your marriage in Alaska as long as one of you is an Alaska resident." However, for parenting arrangements involving children, the child must have resided in Alaska for 6 months before the court can issue orders.

South Dakota requires only that the filing spouse be "a state resident, or is stationed in the state while serving in the military, on the filing date" per S.D. Codified Laws § 25-4-30. You must remain in good faith residence until finalization.

Washington allows filing immediately under Wash. Rev. Code § 26.09.030 with no minimum residency period—only presence and intent to remain at the time of filing.

States With Short Residency Requirements (6-12 Weeks)

Nevada requires only 6 weeks of residence before filing under Nev. Rev. Stat. § 125.020—tied for the shortest durational requirement nationally. Nevada courts have held that for the 6-week requirement, "residency doesn't mean the same thing as domicile," meaning physical presence alone can satisfy the requirement even without intent to remain permanently. Combined with no waiting period after filing, uncontested Nevada divorces can finalize in 1-4 weeks total.

Idaho matches Nevada's 6-week requirement under Idaho Code § 32-701. However, Idaho imposes a mandatory 20-day waiting period after service that cannot be waived, extending the minimum timeline.

Arkansas requires 60 days of residence or domicile before filing.

Arizona and Colorado both require 90 days of domicile before filing.

Six-Month Residency States (Most Common)

Approximately 30 states require 6 months of residency, including major population centers:

California under Family Code § 2320 requires "one of the parties to the marriage has been a resident of this state for six months and of the county in which the proceeding is filed for three months." This dual state/county requirement is common. California's $435 filing fee is among the nation's highest.

Texas under Family Code § 6.301 requires the petitioner or respondent to be "a domiciliary of this state for the preceding six-month period" AND "a resident of the county in which the suit is filed for the preceding 90-day period." Military members stationed in Texas count their service time toward residency.

Florida under Statute 61.021 requires "one of the parties to the marriage must reside 6 months in the state." Residency can be proven with a Florida driver's license, voter registration card, or third-party affidavit. Filing fees hover around $400—among the highest nationally.

Ohio requires 6 months for contested divorces, though only one spouse needs to meet this threshold for dissolution (uncontested divorce).

One-Year Residency States

Connecticut requires one spouse to have been a resident for at least 12 months before the divorce can be finalized (though filing can occur earlier).

New Jersey requires either spouse to have resided in the state for at least 12 months before filing, except for adultery cases.

New York's Complex Two-Year Framework

New York Domestic Relations Law § 230 provides five alternative residency pathways—the most complex system nationally:

1. One year if you married in New York and either spouse currently resides there
2. One year if you lived in New York as spouses and either currently resides there
3. One year if the grounds for divorce occurred in New York and either spouse resides there
4. No duration if grounds occurred in New York and both spouses currently reside there
5. Two years if neither of the above applies—this is the standalone residency option

The 2-year option exists for couples with no other connection to New York. Most divorces qualify under the 1-year options.

County-Level Requirements

Many states impose additional county residency requirements beyond state residency:

State	State Requirement	County Requirement
California	6 months	3 months
Texas	6 months	90 days
Georgia	6 months	6 months (same county)
Illinois	90 days	No separate requirement

Filing in the wrong county can result in venue transfer or dismissal, adding weeks or months to your timeline.

Military Divorce Residency Rules

The Servicemembers Civil Relief Act (SCRA) provides special protections and options for military families:

Filing Location Options: Service members can file in their legal residence state (home of record), the state where currently stationed, or (for the non-military spouse) any state meeting standard residency requirements.

Residency Counting: Time spent outside the state on military orders still counts toward residency requirements in Texas, California, and most other states. A soldier from Texas stationed in Germany for 3 years can still file in Texas.

Stay of Proceedings: Active-duty members can request a 90-day stay (delay) of divorce proceedings if military duties prevent participation. Courts must grant at least one 90-day stay upon proper request.

Default Judgment Protection: Courts cannot enter default judgments against service members without first appointing an attorney to represent their interests.

Consequences of Filing Without Meeting Requirements

Filing before satisfying residency requirements has consistent consequences across states:

• Dismissal: Most courts will dismiss the case entirely, requiring refiling once requirements are met
• Abatement: Some states (Texas) will pause ("abate") the case rather than dismiss, allowing it to proceed once requirements are satisfied
• Lost Fees: Filing fees ($70-$435) are typically non-refundable even if the case is dismissed
• Delayed Timeline: Starting over adds 2-6 months to your divorce timeline

Courts lack subject matter jurisdiction without proper residency—this cannot be waived even if both spouses agree.

How Canadian Divorce Residency Requirements Work

Unlike the US state-by-state patchwork, Canada has a unified federal residency requirement under the Divorce Act, RSC 1985, c 3 (2nd Supp). Section 3(1) establishes that "a court in a province may, on application by either or both spouses, grant a divorce if, at the commencement of the proceeding, either spouse has been ordinarily resident in the province for at least one year immediately preceding the commencement of the proceeding."

This means either spouse must have lived in the province where you're filing for a full 12 months immediately before filing. The requirement is consistent across all 13 provinces and territories—there is no provincial variation in the durational requirement itself.

Understanding "Ordinarily Resident"

The term "ordinarily resident" has specific legal meaning under Canadian law. According to the Department of Justice, ordinary residence refers to "the place where a person regularly, normally, or customarily lives." Courts examine multiple factors:

Indicators of Ordinary Residence:

• Your life is centered in that province
• You have a settled, ongoing presence
• Your employment, social connections, and daily activities occur there
• Temporary absences (vacations, business trips) don't interrupt ordinary residence if you intend to return

Not Ordinary Residence:

• Casual, intermittent, or occasional presence
• Temporary residence for a specific purpose
• Vacationing or maintaining vacation property
• Being present due to short-term employment only

The Supreme Court has held that ordinary residence is "a matter of degree" determined by all circumstances. In Molson v. Molson, a Quebec court found that a wife severed her Quebec residence when she left with intention to establish a home in Alberta—she became ordinarily resident in Alberta from the day she arrived with that intent.

Provincial Court Jurisdiction

While the 1-year requirement is federal, you must file in the correct provincial court:

Ontario: Superior Court of Justice handles divorce. Filing fee is approximately $632 for divorce applications. Either spouse must have been ordinarily resident in Ontario for at least 1 year.

British Columbia: Supreme Court of BC handles divorce. Filing fee is approximately $290. BC's e-Divorce system requires confirmation that you or your spouse "have been living in B.C. for at least one year."

Alberta: Court of King's Bench handles divorce. The Statement of Claim must declare that "the Plaintiff or Defendant has been ordinarily resident in Alberta for at least one year immediately preceding the date of the Statement of Claim."

Quebec: Superior Court handles divorce. Quebec follows federal requirements but operates under civil law rather than common law, which affects property division and other corollary matters.

The One-Year Separation Ground

Canada recognizes only one ground for divorce: marriage breakdown. The most common way to prove breakdown is living separate and apart for at least one year. This creates an interesting interplay with residency:

• You can begin living separately immediately
• You can file for divorce before the 1-year separation is complete (if residency is met)
• The divorce cannot be granted until 1 year of separation has passed
• You can live together for up to 90 days during the separation period to attempt reconciliation without restarting the clock

For spouses who separate and one relocates to a new province, the residency clock starts fresh in the new province. You must wait 12 months in the new province before filing there.

Non-Residents and International Situations

Canadian courts generally cannot divorce couples if neither spouse is ordinarily resident in Canada. However, the Civil Marriage Act provides an exception:

Same-sex couples married in Canada who now live in jurisdictions that don't recognize their marriage may apply for divorce in the province where they married, even if neither currently resides in Canada.

Canada recognizes foreign divorces if:

• The divorce is valid under the law of that jurisdiction
• At least one spouse was ordinarily resident in that jurisdiction for at least 1 year before the divorce application

Comparison With US Requirements

Canada's uniform 1-year requirement is significantly longer than most US states:

Jurisdiction	Residency Requirement
Nevada/Idaho	6 weeks
Alaska/SD/WA	No minimum
Most US states	6 months
Canada (all provinces)	12 months
New York (standalone)	24 months

This longer requirement prevents forum shopping within Canada but can delay divorce for recently relocated Canadians.