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Divorce Deadlines by State

By Heather MacKenzie
Co-Founder & President
Last Updated: January 25, 2024
Published: January 16, 2024
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Every state has different requirements for deadlines in divorce. Here is an overview of deadlines you might have in your divorce or dissolution of marriage process, including some state-specific information.

What is a divorce residency requirement?

A residency requirement is how long one spouse must have lived in the state for either one of the spouses to file for divorce there. While residency requirements are different in each state, only one spouse has to meet the residency requirements of a state to divorce there. In addition, the resident spouse should be living in the state at the time of the divorce filing, even if they are not the spouse that is starting the divorce process. Check out the chart below to see each state's residency requirements.
 

What is the deadline to respond or answer in divorce?

The deadline to respond or answer is the amount of time the spouse who did not start the divorce has to tell the court their version of what they want in the divorce. Responding tells the court that you are participating in the divorce, and prevents the other spouse from requesting a default divorce without your input. Responding is generally not required in divorce, but most spouses choose to respond if they do not already have an agreement in place or there are asks from the Petitioner or Plaintiff in the Petition that the other spouse does not agree to.
 

What is a divorce waiting period?

A divorce waiting period is the time between when you initiate the divorce and the time the court will first approve your final divorce papers and grant your divorce. The waiting period usually starts through service of the filed Petition or Complaint to the other spouse, or submitting a Petition or Complaint you both signed to the court. This period runs concurrently with the response deadline. The judge will generally not approve your divorce until the waiting period is over. Sometimes, the divorce paperwork can take longer than the waiting period to process. 

Your state's property distribution rules

When it comes to dividing marital (joint) assets and debts during divorce, states generally follow one of two systems: community property or equitable distribution.

Community property states tend to divide assets equally with each spouse getting a 50/50 split – so it's more predictable. Equitable distribution is based on what is "fair and reasonable" given the circumstances of the marriage, and most states use this model. It takes into account things like each spouse's contributions to the marriage, the length of the marriage, and each spouse's financial circumstances.

Read more: Community Property vs. Equitable Distribution.

Note: No matter what type of state you are in, it's important to know that prenups, postnups, or other voluntary agreements that you and your spouse come to during your divorce negotiations or mediation can override state laws.

 

State

Length of Residency Requirement

Deadline to Respond 

Waiting Period*

Type of Property Distribution
Alabama

None: If both spouses are residents or if the Defendant only is a resident

6 months: If the Plaintiff is a resident and the Defendant is out of state

 30 days 30 days Equitable Distribution
Alaska If you are in Alaska when you file and intend to stay a resident, or if your spouse is an Alaska resident 20 days 30 days Equitable Distribution
Arizona 90 days for one spouse 20-60 days 60 days Community Property
Arkansas 60 days for one spouse 30 days 30 days Equitable Distribution
California 6 months in state and 3 months in county for one spouse 30 days 6 months Equitable Distribution
Colorado 90 days for one spouse 21 days 91 days Equitable Distribution
Connecticut 1 year for one spouse  By the return date (on a Tuesday about 4 weeks from the date you were served) 90 days Equitable Distribution
Delaware 6 months for one spouse 20 days 6 months Equitable Distribution
Florida 6 months for one spouse 20 days 20 days Equitable Distribution
Georgia 6 months for one spouse 30 days 30 days Equitable Distribution
Hawaii 6 months in state and 3 months on island for one spouse 21 days None* Equitable Distribution
Idaho 6 weeks for one spouse 21 days 21 days Community Property
Illinois 90 days for one spouse 30 days None* Equitable Distribution
Indiana 6 months in state and 3 months in county for one spouse 20-30 days 60 days Equitable Distribution
Iowa 1 year in state and 90 days in county for one spouse 20 days 90 days Equitable Distribution
Kansas 60 days for one spouse 21 days 60 days Equitable Distribution
Kentucky 180 days for one spouse 20 days 60 days after separation Equitable Distribution
Louisiana 6 months for one spouse 30 days 180 days without children, 365 days with children Community Property
Maine 6 months for one spouse; immediately if Petitioner is a resident and you were married in Maine, or if Petitioner is a resident and grounds for divorce happened in Maine 21 days 60 days Equitable Distribution
Maryland None if one spouse lives in Maryland or if the reason for divorce happened in Maryland; or 6 months for one spouse if the reason for divorce happened outside Maryland 30 days if spouse was served in Maryland; 60 days if spouse was served outside Maryland None* Equitable Distribution
Massachusetts 12 months for one spouse 20 days 90-120 days Equitable Distribution
Michigan 180 days in state, 10 days in county for one spouse 21-28 days 60 days (without children) or 6 months (with children) Equitable Distribution
Minnesota  180 days for one spouse 30 days None* Equitable Distribution
Mississippi  6 months for one spouse None for no-fault; 30 days for fault-based divorce 60 days for no-fault divorce Equitable Distribution
Missouri  90 days without children; 6 months with children for one spouse 30 days 30 days Equitable Distribution
Montana  90 days for one spouse 21 days 21 days Equitable Distribution
Nebraska 1 year for one spouse; none if you were married in Nebraska, been married less than a year, and both still live in Nebraska 30 days 60 days Equitable Distribution
Nevada 6 weeks for one spouse, unless the reason for the divorce happened in Nevada 21 days None* Community Property
New Hampshire 1 year for Petitioner, unless both spouses currently live in New Hampshire 30 days None* Equitable Distribution
New Jersey 1 year for one spouse 35 days None* Equitable Distribution
New Mexico 6 months for one spouse 30 days 30 days Community Property
New York 1 year for one spouse if you lived together in New York while married, or 2 years if you did not live together in New York while married  20 days None* Equitable Distribution
North Carolina  6 months for one spouse, and both spouses must have lived in separate residences for 1 year before filing 30 days 30 days Equitable Distribution
North Dakota 6 months for one spouse 21 days None* Equitable Distribution
Ohio 6 months for one spouse for dissolution; 6 months for the Plaintiff for divorce 28 days 30 days for a mutual divorce (dissolution), none for a divorce Equitable Distribution
Oklahoma 6 months for one spouse 20 days 10 days without children, 90 days with children Equitable Distribution
Oregon 6 months for one spouse 30 days None* Equitable Distribution
Pennsylvania 6 months for one spouse 20 days 90 days Equitable Distribution
Rhode Island 1 year for one spouse 20 days 3 months Equitable Distribution
South Carolina 1 year for one spouse, or 3 months for both spouses, and spouses must have been separated for 1 year for a no-fault divorce 30 days None* for no fault, or 90 days for fault divorce Equitable Distribution
South Dakota None, but you must be a resident during the divorce proceedings 30 days 60 days Equitable Distribution
Tennessee 6 months for either spouse 30 days 60 days without children, or 90 days with children Equitable Distribution
Texas 6 months in state and 3 months in county for one spouse 20 days 60 days Community Property
Utah 3 months in one Utah county for one spouse 21 days 30 days Equitable Distribution
Vermont 6 months for one spouse to file, and 1 year for one spouse before the divorce can be finalized 21 days 90 days after the final divorce papers are filed Equitable Distribution
Virginia 6 months for one spouse, and you must be separated for 6 months without children or 1 year with children before filing 21 days None* Equitable Distribution
Washington None, as long as one spouse is a resident on the day the divorce is filed 20 days if served in Washington, 60 days if served outside of Washington, or 90 days if served by mail 90 days Community Property
West Virginia 1 year for one spouse, unless you were married in West Virginia 20 days 20 days Equitable Distribution
Wisconsin 6 months in state and 30 days in county for one spouse 20 days 120 days Community Property
Wyoming 60 days for one spouse 20 days 20 days Equitable Distribution
Washington, D.C. 6 months for one spouse if divorce is uncontested, or 1 year if divorce is contested 20 days 30 days after the final divorce order is signed Equitable Distribution
 
*Not including the time to respond. In some states, spouses can waive the right to respond to make the timeline faster. In states where the waiting period and the response period are the same, you must wait the time of the waiting period even if your spouse waives their right to respond.
ABOUT THE AUTHOR
Heather MacKenzie
Co-Founder & President
Divorce Preparation, Divorce Process, Divorce Guidelines, Legal Insights

Heather is Hello Divorce's co-founder, President and Chief Content Officer, and our resident expert on divorce rules, procedures and guidelines across the states. Heather uses her content background, deep legal knowledge, and coding skills to author most of our state-specific divorce software. Heather joined Hello Divorce two months into a planned year-long vacation from the start-up world because she was convinced that the legal world is one of the only things left that truly needed disruption. Since her expertise (obsession) is making complex, frustrating processes easier – and even enjoyable – for consumers, Heather leads the product, customer service, marketing, and content teams at Hello Divorce.

Heather has a Master's in Journalism from Northwestern University and a BA from the University of Notre Dame. Heather lives in California with her husband, two kids, and too many pets. You can often find her answering Hello Divorce's free info calls on weekends, and in her free time, she dabbles in ukulele, piano, and electric bass.

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