Legal Requirements to File a Divorce

Divorce requirements

If you have made the decision to dissolve your marriage (divorce), it is important to understand that there are a handful of legal requirements that must be met in most states. Beyond the common requirements, the additional requirements and timelines you will be subject to will be based upon your specific situation (e.g., minor children involved, property distribution, child and spousal support, etc.).

The requirements for divorce across most US states:

1. The spouse filing the divorce action is generally required to have been a resident of the state and county for a period of time (subject to the state laws).

 2.  The divorce process may have a minimum period that must be exhausted before the divorce can be finalized. Although six months is a common waiting period, some states may require a period up to twelve months.

3. The legal reason for the divorce must be established. In general, there are two legal grounds for divorce including separation and irreconcilable differences.

4. Finally, when the action is filed, it must be filed in the appropriate court. This will most often be the county where one of the spouses has resided for a period of time (usually up to six months prior to filing the divorce).

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