How to File for Divorce by State (2026)

Divorce filing fees range from about $52 (Mississippi) to over $400 (California) for the base petition. Most states charge an additional $30–$100 to serve your spouse through a sheriff or process server. Some counties add surcharges on top of the state base fee. Select your state above for the exact fee breakdown.

You are not required to hire an attorney to file for divorce. Many people complete an uncontested divorce without legal representation using court-provided forms or online divorce services. If your divorce involves disputed assets, children, or significant property, consulting an attorney before filing is advisable — but a lawyer is not required to use the court.

Most states require you or your spouse to have lived in the state for 6 months to 1 year before you can file for divorce there. Some states (like Alaska and South Dakota) have shorter residency requirements. You must meet the residency requirement of the state where you file — you cannot choose any state for convenience.

An uncontested divorce where both spouses agree on all terms can be finalized in 1–3 months in most states. Contested divorces involving disputes over property, custody, or support typically take 6 months to over a year. Some states impose a mandatory waiting period (30–180 days) after filing before a divorce can be finalized.

An uncontested divorce means both spouses agree on all issues: property division, debt allocation, child custody, support, and alimony. These cases are faster and cheaper. A contested divorce means the parties disagree on one or more issues and a judge must decide. Contested divorces cost significantly more in court fees, attorney fees, and time.