Although divorce is never easy, to file for a no-fault divorce in the US can be a simple procedure, particularly if you are aware of the particular procedures, paperwork, and state requirements. All 50 states will offer no-fault divorce in 2025, enabling spouses to end their unions without having to prove misconduct such as adultery or abuse.
Alternatively, couples may file for divorce on the grounds of irreconcilable differences or an irreversible dissolution of the marriage.
I’ll walk you through the steps involved in filing for a no-fault divorce in the United States in this blog, including state-specific residency requirements, required waiting periods, and preparations for each stage.
Step 1: Verify Eligibility and Residency Requirements
Residency Requirements
Before you can file for a no-fault divorce, you must meet the residency requirements of the state where you plan to file. Each state has its own rules, but in general:
- California: One spouse must have lived in the state for at least 6 months, and the county where you file for at least 3 months.
- Texas: One spouse must have lived in Texas for at least 6 months before filing.
- Florida: One spouse must have lived in the state for at least 6 months.
If you’re unsure about the residency rules in your state, check with your local county clerk’s office or state website for specifics.
Separation Requirements
In some states, like South Carolina, you and your spouse must live “separately and apart” for a minimum of one year before you can finalize a no-fault divorce. Other states have shorter periods, while some do not have a mandatory separation period at all. Be sure to verify the requirements for your state to avoid delays in your filing.
Step 2: Prepare and File Your Divorce Paperwork
Once you’ve confirmed your eligibility, the next step is preparing your divorce papers. Here’s what you’ll need to do:
Obtain the Necessary Forms
You can download the required forms from your state’s official judicial website or visit your local county courthouse. Common forms include:
- Petition for Dissolution of Marriage
- Summons (to notify your spouse)
- Financial Affidavit (to disclose assets and liabilities)
- Child Custody/Support Agreement (if applicable)
Complete the Petition for Divorce
When completing the petition, mark the box for “no-fault” as the reason for the divorce. Be sure to include the following if applicable:
- Property Division: Specify how property and assets will be divided.
- Child Custody and Support: If children are involved, outline arrangements for custody and support.
- Spousal Support: Address whether spousal support (alimony) will be part of the divorce settlement.
File the Papers with the Court
Once completed, file your divorce petition with the court clerk. You’ll also need to pay the filing fee, which typically ranges from $100 to $500, depending on your state. If you can’t afford the fee, you may apply for a fee waiver. Be sure to ask the court about this option if you need assistance.
Step 3: Serve Your Spouse with Divorce Papers
After filing the papers, you need to serve your spouse with the divorce documents. This ensures that your spouse is officially notified of the divorce proceedings.
Service of Process
You cannot serve the papers yourself. A third-party process server, a sheriff, or a professional process server must deliver the divorce papers to your spouse. In some states, certified mail may be acceptable, but generally, a personal service is required.
Proof of Service
Once the papers are served, the person who served them must complete a “Proof of Service“ or “Affidavit of Service”. This document confirms that your spouse was notified, and you will need to file it with the court.
Step 4: Finalize the Divorce
After serving the papers and waiting for your spouse’s response, the final steps involve finalizing the divorce in court.
Wait for a Response from Your Spouse
Your spouse typically has 20 to 30 days to respond to the divorce petition. If they don’t respond within this timeframe, you may be eligible for a default judgment. This means the court may proceed with the divorce without your spouse’s participation, assuming all terms (like property division) have been agreed upon.
Mandatory Waiting Periods
Many states have a mandatory waiting period before the divorce can be finalized. Common waiting periods include:
- California: 6 months from the date the petition is filed before the divorce can be finalized.
- Washington: 90 days from the date the petition is filed.
- Florida: A 20-day waiting period after filing before a final judgment.
Final Judgment
If all terms are agreed upon (or the judge rules on contested issues), the court will issue a Divorce Decree or Judgment of Dissolution. This officially ends the marriage, and you will receive a Final Judgment of Divorce, which completes the process.
Frequently Asked Question (FAQs)
1. Do I need a lawyer for a no-fault divorce?
A lawyer is not required for a no-fault divorce, especially if the divorce is uncontested and both parties agree on all terms. However, if there are complex issues like child custody, property division, or alimony, consulting a lawyer can be helpful.
2. How long does it take to finalize a no-fault divorce?
The timeline for finalizing a no-fault divorce varies by state. On average, it can take anywhere from 2 months to 1 year, depending on your state’s waiting period and whether the divorce is contested. Uncontested divorces are generally faster.
3. Can I file for a no-fault divorce if my spouse doesn’t agree?
Yes, you can still file for a no-fault divorce even if your spouse doesn’t agree. However, if they contest any terms, such as property division or custody, the process may take longer, and you might need to attend mediation or court.
Final Thoughts
Filing for a no-fault divorce in the U.S. is a viable option for many couples who wish to separate without assigning blame. While the process is generally straightforward, it’s essential to understand the state-specific requirements and procedures, including residency and waiting periods.
By following the steps outlined in this guide and being aware of what to expect, you can navigate the process with confidence.
If you’re uncertain about any of the steps or need legal advice, it’s always wise to consult with a family law attorney. A smooth divorce process can help you move on to the next chapter of your life with peace of mind.
