DIVORCE

DIVORCE IN THE WEST

Alaska:

The only no-fault grounds ground for divorce in Alaska is incompatibility. Fault grounds for divorce include adultery, felony conviction, failure to consummate the marriage, desertion for at least one year, cruel/inhumane treatment, habitual drunkenness/drug use, and incurable mental illness. In terms of procedure, a petition can be made by one spouse if it is because of extended separation. However, they can file jointly if it is because of incompatibility. Spouses must try and agree on factors like custody, visitation, and support of the child. Alaska is an equitable distribution state.

California:

There are only two grounds for divorce in California, which are irreconcilable differences that cause the irremediable breakdown of the marriage, and incurable insanity. It has to be evident that the marriage should be terminated. If the marriage is five years or less, it may be dissolved through summary action. This is filed if either spouse has met the residency requirement, there is an irremediable breakdown of the marriage, there are no children, the wife is not pregnant, or neither spouse owns any real estate. California is a community property state.

Colorado:

The only grounds for the dissolution of marriage in Colorado is based on the court finding that the marriage is irretrievably broken. The marital relationship must not be able to continue, due to marital discord/conflict. Divorce may be obtained bt an affidavit of either/both spouses if there are no minor children/no pregnancy or there is an agreement granting custody and support, there are no disputes, there is an agreement on the splitting of property, and the non-filing spouse is served. Colorado is an equitable distribution state.

Hawaii:

Grounds for divorce in Hawaii include the irretrievable breakdown of the marriage and living separately for at least two years. In order for the divorce to proceed, there must be proof the marriage is beyond repair. This can be done through both spouses signing an affidavit, or making a statement in court. A divorce hearing may be waived in an uncontested divorce. 

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Idaho:

No-fault grounds for divorce in Idaho are irreconcilable differences and living separately for five or more years. Fault grounds for divorce include adultery, extreme cruelty, willful desertion or neglect, habitual intemperance, felony conviction, and insanity. A divorce may be given upon default of the defendant. Marital separation agreements must be notarized and in writing. Each county has its own family court where divorce cases take place. Idaho is a community property state.

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Montana:

No-fault grounds for divorce in Montana include the marriage being irretrievably broken and marital discord. Fault grounds for divorce include habitual drunkenness and drug use, adultery, and impotence. Filing for divorce must be done at the county court in the county you reside in. There must be at least a 60-day waiting period between filing for divorce and a hearing. Spouses may be co-petitioners on the petition for divorce, to speed the process along. Montana is an equitable distribution state.

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Nevada:

No-fault grounds for divorce in Nevada include living apart for at least one year and incompatibility. Fault grounds for divorce include insanity for at least two years, which must be verified by a witness. Summary divorces are possible in Nevada. Either spouse is allowed to apply for a divorce by default. Joint petitions from both spouses are also allowed. Nevada is a community property state.

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Oregon:

The only no-fault ground for divorce in Oregon is the irretrievable breakdown of the marriage, which must be proven to the court with evidence. The only fraud ground for divorce is fraud, which again must be proven to the court with evidence. In order for a summary divorce to go through, at least one spouse has to have been a resident of the state of Oregon for at least six months. Settlement agreements over factors such as property and child support can make the divorce process speed up. Oregon is an equitable distribution state.

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Utah:

No-fault grounds for divorce in Utah include irreconcilable differences and living separately, by choice. Fault grounds for divorce include adultery, habitual drunkenness/drug abuse, impotence, and cruel treatment. If the divorce is uncontested, it still must go through the process of a hearing, as the divorce must be proven with evidence. Evidence can come from affidavits and statements made in the courtroom. Utah is an equitable distribution state.

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Washington:

The only ground for divorce in Washington is the irretrievable breakdown of the marriage, which must be proven to the court through evidence, which can come from courtroom statements and sworn affidavits. In order to file for divorce in Washington, at least one spouse has had to have been a resident of Washington for at least six months. All forms for divorce can be found with the Washington Local Court Rules online. Washington is a community property state. 

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Wyoming:

The only no-fault ground for divorce in Wyoming is the irretrievable breakdown of the marriage, which must be proven to the court. The only fault ground for divorce is incurable insanity of one of the spouses. If possible, having a child support/custody plan before the divorce process begins can make the process go by faster. A joint petition can be made by both spouses to expedite the divorce process. Wyoming is an equitable distribution state.

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DIVORCE IN THE MIDWEST

Illinois:

No-fault grounds for divorce in Illinois include living apart for at least two years and irreconcilable differences. Fault grounds for divorce include impotence, having a spouse be previously married and never having divorced that spouse, desertion, habitual drunkenness/drug use, adultery, felony conviction, and cruelty. The divorce process is simpler/faster if the marriage is less than five years, there are no children/the wife is not pregnant, and they waive alimony. Illinois is an equitable distribution state.

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Indiana:

The only no-fault ground for divorce in Indiana is the irretrievable breakdown of the marriage. Fault grounds for divorce include a felony conviction, impotence, and incurable insanity. You must wait 60 days for a hearing after filing for divorce. The petition must be verified and signed by each spouse. If there are no contested issues, the process will move along a lot faster. Indiana is an equitable distribution state.

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Iowa:

The only ground for divorce in Iowa is the irreparable breakdown of the marriage. There must be proof that the couple can not get back together. There are no specific provisions for divorce in Iowa, as every case follows a different process. However, the more cooperative the couple is, the faster the process moves. Iowa is an equitable distribution state. Courts here take into account the length of the marriage, the age and the health of the spouses, and the earning capacity of both spouses.

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Kansas:

The only no-fault ground for divorce in Kansas is incompatibility. Fault grounds for divorce include failure to perform a material marital duty and mental illness. Only one spouse needs to testify to the facts in the divorce. Marital settlement agreements are highly encouraged before the process moves forward. Kansas is an equitable distribution state.

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Michigan:

The only two grounds for divorce in Michigan are mutual consent and the irretrievable breakdown of the marriage. The first document that must be filed for divorce in Michigan is the Complaint for Divorce, which is where the filing spouse requests the court to terminate the marriage. Grounds for divorce must be verified with evidence before the process may proceed. Michigan is an equitable distribution state.

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Minnesota:

The only ground for divorce in Minnesota is the irretrievable breakdown of the marriage. The first document that needs to be filed to start the divorce process in Minnesota is the Petition for Dissolution of Marriage, in which the filing spouse requests the court to terminate the marriage. A petition may be brought by both spouses jointly if there is mutual consent, which will speed up the divorce process. Minnesota is an equitable distribution state.

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Missouri:

The only ground for divorce in Missouri is the irretrievable breakdown of the marriage. The courts look into this to see if there is evidence that they will not be able to reconcile. A joint petition can be filed by both spouses together, each as a co-petitioner. Settlement agreements are needed for any contested items. Missouri is an equitable distribution state.

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Nebraska:

The only no-fault ground for divorce in Nebraska is the irretrievable breakdown of the marriage. Fault grounds for divorce include incurable mental illness and mental incapacitation. The first document that needs to be filed to start the process of divorce is the Petition for Dissolution of Marriage, which can be filed by either spouse. A joint petition filed by both spouses can speed the process along. Nebraska is an equitable distribution state. 

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North Dakota:

The only no-fault ground for divorce in North Dakota is irreconcilable differences. Fault grounds for divorce include adultery, desertion, neglect, cruelty, and felony conviction. The spouse that files for divorce must have been a resident of North Dakota for at least six months before filing. Joint petitions by both spouses stating that the divorce is uncontested can speed the process up. North Dakota is an equitable distribution state.

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Ohio:

No-fault grounds for divorce in Ohio include living apart for at least one year and incompatibility. Fault grounds for divorce include desertion, cruelty, drunkenness/drug abuse, and imprisonment. Both spouses may file a joint petition for divorce to help speed up the process. However, to do this you must prove to the court that the divorce is uncontested, with statements made in court and testimonials from witnesses to the marriage. Ohio is an equitable distribution state.

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South Dakota:

The only no-fault ground for divorce in South Dakota is the irreconcilable breakdown of the marriage. Fault grounds for divorce include cruelty, adultery, desertion, neglect, and felony conviction. If the couple is filing for a no-fault divorce, the court only needs statements from both spouses confirming that it is a no-fault divorce. Both spouses need to be residents of South Dakota during the divorce process. South Dakota is an equitable distribution state.

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Wisconsin:

The only grounds for divorce in Wisconsin are the irretrievable breakdown of the marriage, which must be proven to the court, and mutual consent, which can be proven through statements made by both spouses to the court. The first document that needs to be filed to start the divorce process in Wisconsin is the Petition for Dissolution of Marriage, in which the filing spouse requests the court to terminate the marriage. A petition may be brought by both spouses jointly if there is mutual consent, which will speed up the divorce process. Wisconsin is an equitable distribution state.

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DIVORCE IN THE SOUTHWEST

Arizona:

The only no-fault ground for divorce in Arizona is an irretrievably broken marriage. Fault grounds for divorce include adultery, felony, abandonment for one year or more, physical/sexual abuse, drug/alcohol abuse, and mutual consent. In terms of procedure, a waiver of service must be accepted by the court. Separation agreements are encouraged. The dissolution of the marriage agreement may be heard before the court if the waiver is filed. Arizona is a community property state.

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New Mexico:

The only no-fault ground for divorce in New Mexico is incompatibility of the spouses. Fault grounds for divorce include cruel treatment, desertion, and adultery. Marital settlement agreements are required by law. Divorces must be filed in a Judicial District in New Mexico. New Mexico is a community property state. 

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Oklahoma:

The only no-fault ground for divorce in Oklahoma is incompatibility of the spouses. Fault grounds for divorce include abandonment, adultery, cruel treatment towards a spouse, impotence, and fraud. Separation agreements are required by law. A joint petition may be brought by both spouses in an uncontested divorce to speed the process up. Oklahoma is an equitable distribution state.

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Texas:

Grounds for divorce in Texas include incompatibility, cruelty, abandonment, adultery, imprisonment, and insanity. At least one spouse must have been a resident of Texas for at least six months before the divorce process begins. Already having a child custody plan/child support plan can speed up the divorce process. Texas is a community property state.

DIVORCE IN THE NORTHEAST

Connecticut:

No-fault grounds for divorce include the marriage being irretrievably broken down or the spouses having lived apart for at least 18 months. Fault grounds for divorce include adultery, fraud, willful desertion for at least one year, seven year's absence with no contact, and intolerable cruelty. There must be proof of the marriage breaking down, which can be done through the spouses signing an agreement or statement that their marriage is irretrievably broken down or both spouses stating in court that their marriage is irretrievably broken and submitting an agreement concerning the care/custody of the children. Connecticut is an equitable distribution state, and things that help decide this distribution include the length of the marriage, reason for divorce, age of each of the spouses, health of each spouse, occupation, income, and employability. 

Delaware:

Grounds for divorce include voluntary separation by the parties, separation caused by the respondent's misconduct, separation caused by the respondent's mental illness, and incompatibility. The respondent to the petition to the divorce may file an appearance which will fulfill the requirements for their part in the divorce. Deleware is an equitable distribution state, and this distribution depends on the duration of the marriage, age, health, station, and income of each spouse.

Maine:

The only no-fault ground for divorce in Maine is irreconcilable marital differences. Fault grounds for divorce include adultery, impotence, extreme cruelty, desertion, drug and/or alcohol abuse, and incurable mental illness. Witnesses are only needed if the divorce is contested. Maine is an equitable distribution state.

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Maryland:

The only ground for divorce in Maryland is the irreparable breakdown of the marriage. There must be proof that the couple can not get back together. There are no specific provisions for divorce in Maryland, as every case follows a different process. However, the more cooperative the couple is, the faster the process moves. Maryland is an equitable distribution state. Courts here take into account the length of the marriage, the age and the health of the spouses, and the earning capacity of both spouses.

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Massachusetts:

No-fault grounds for divorce in Massachusetts include living apart for at least one year and incompatibility. Fault grounds for divorce include desertion, cruelty, drunkenness/drug abuse, and imprisonment. Both spouses may file a joint petition for divorce to help speed up the process. However, to do this you must prove to the court that the divorce is uncontested, with statements made in court and testimonials from witnesses to the marriage. Massachusetts is an equitable distribution state.

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New Hampshire: 

The only no-fault ground for divorce in New Hampshire is the irretrievable breakdown of the marriage, which must be proven to the court. Fault grounds for divorce include cruelty, abandonment, adultery, fraud, impotence, and habitual drunkenness/drug abuse. Both spouses must live in New Hampshire during the time of filing for divorce. A joint petition may be brought by both spouses in order to speed up the process of divorce. This is only feasible during an uncontested divorce. New Hampshire is an equitable distribution state.

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New Jersey:

The only no-fault grounds ground for divorce in New Jersey is incompatibility. Fault grounds for divorce include adultery, felony conviction, failure to consummate the marriage, desertion for at least one year, cruel/inhumane treatment, habitual drunkenness/drug use, and incurable mental illness. In terms of procedure, a petition can be made by one spouse if it is because of extended separation. However, they can file jointly if it is because of incompatibility. Spouses must try and agree on factors like custody, visitation, and support of the child. New Jersey is an equitable distribution state.

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New York:

Grounds for divorce in New York include cruel treatment, imprisonment, abandonment, and adultery. All of these must be proven to the court through statements made by the spouses and witnesses to the marriage. Spouses can negotiate a separation agreement themselves if the divorce is uncontested. At least one spouse has had to have been a resident of New York for at least six months prior to the divorce process. New York is an equitable distribution state.

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Pennsylvania:

No-fault grounds for divorce in Pennsylvania include living apart for at least one year and incompatibility. Fault grounds for divorce include insanity for at least two years, which must be verified by a witness. Summary divorces are possible in Pennsylvania. Either spouse is allowed to apply for a divorce by default. Joint petitions from both spouses are also allowed. Pennsylvania is an equitable distribution state.

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Rhode Island:

No-fault grounds for divorce in Rhode Island include irreconcilable differences and living separately for at least one year. Fault grounds for divorce include impotence, fraud, adultery, cruel treatment, and incurable insanity. At least one spouse has had to have been a resident of the state for at least one year before filing for divorce in Rhode Island. Rhode Island is an equitable distribution state.

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Vermont:

Grounds for divorce in Vermont include incompatibility, cruelty, abandonment, adultery, imprisonment, and insanity. At least one spouse must have been a resident of Vermont for at least six months before the divorce process begins. Already having a child custody plan/child support plan can speed up the divorce process. Vermont is a community property state.