Understanding Divorce Laws
No-fault vs. fault, community property vs. equitable distribution, residency, and waiting periods — in plain English.
State divorce rules, summarized free — no account needed.Divorce law decides who may end a marriage, how property is split, and how long the process takes. The rules differ by state but follow a few common patterns.
No-fault vs. fault
Most states now allow "no-fault" divorce, where neither spouse blames the other (usually "irretrievable breakdown" or "irreconcilable differences"). Some states still permit fault grounds such as adultery or cruelty, which can affect property or support.
Community property vs. equitable distribution
Nine states are community property (Arizona, California, Idaho, Louisiana, Nevada, New Mexico, Texas, Washington, Wisconsin): marital assets are split 50/50. The other 41 use equitable distribution, where the court divides property fairly — not necessarily equally.
Residency & waiting periods
You generally must live in a state for a set time before filing there (often 6 months). After filing, a waiting period (commonly 1–6 months) must pass before the divorce is final.
General background only — not legal advice. See any state page for that state's specific rules.
Frequently Asked Questions
What is the difference between no-fault and fault divorce?
No-fault means neither spouse blames the other (usually "irreconcilable differences"). Fault divorce cites a reason such as adultery or cruelty. Most states now allow no-fault; some still permit fault claims that can affect property or support.
What is the difference between community property and equitable distribution?
In community property states, assets acquired during marriage are split 50/50. In equitable distribution states, the court divides property fairly, which may but need not be an equal split.
How long does a divorce take?
After filing, most states impose a waiting period (often 1–6 months) before the divorce is final. Contested cases with disputes over property or custody take longer.
Does SplitState give legal advice?
No. SplitState is a reference only. County rules and fees vary; confirm with the local court or a licensed family-law attorney before filing.