This is not a substitute for legal advice.  An attorney must be consulted.

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Are divorce laws the same in all states?

Divorce laws are not the same in all states. There are some similarities among state laws, but there are also great differences. Also, all states have their own Rules of Civil Procedure which set forth time limits, forms, and state practices which must be closely followed. Sometimes, individual counties within the states have their own rules, forms, and local practices. The information provided in these answers is intended to be generally informative to the public, but this is not legal advice. You must and should always consult with an attorney practicing in your county and in your state for advice about your specific situation.  Please see specific state for details and/or differences.


ALABAMA | ALASKA | ARIZONA | ARKANSAS | CALIFORNIA | COLORADO | CONNECTICUT | DELAWARE | FLORIDA 
 GEORGIA | HAWAII | IDAHO | ILLINOIS | INDIANA | IOWA | KANSAS | KENTUCKY | LOUISIANA | MAINE | MARYLAND 
 MASSACHUSETTS | MICHIGAN | MINNESOTA | MISSISSIPPI | MISSOURI | MONTANA | NEBRASKA | NEVADA 
 NEW HAMPSHIRE | NEW JERSEY | NEW MEXICO | NEW YORK | NORTH CAROLINA | NORTH DAKOTA | OHIO 
 OKLAHOMA | OREGON | PENNSYLVANIA | RHODE ISLAND | SOUTH CAROLINA | SOUTH DAKOTA | TENNESSEE 
 TEXAS | UTAH | VERMONT | VIRGINIA | WASHINGTON | WEST VIRGINIA | WISCONSIN | WYOMING

ALABAMA
The Alabama laws about divorces are found at Alabama Code, Title 30, chapters 1-6.

ALASKA
The Alaska statutes regarding dissolution of marriage are found at Alaska Statutes, Title 25.

ARIZONA
The Arizona statutes regarding dissolution of marriage are found: ARS §25-311 to 25-340.

ARKANSAS
The Arkansas statutes regarding divorce are found at Title 9, chapters 12-18, Ark. stat. Ann.

CALIFORNIA
The California statutes regarding dissolution of marriage are found at Cal. Fam. Code §1 to 6199. Also, California has special rules of procedure for family law cases.  These rules are found in California Rules of Court, Title 5, Special Rules for Trial Courts, Division I, Family Law Rules.

COLORADO
CRSA Title 14, Articles 10-14.

CONNECTICUT
The Connecticut statutes regarding dissolution of marriage are found at C.G.S.A.  §46b-1 to 46b-236.

DELAWARE
The Delaware statutes regarding divorce of marriage are found at Title 13, Delaware Code Annotated, Chapters 7-19.

FLORIDA
The Florida statutes regarding dissolution of marriage are found in Chapter 61, Florida Statutes annotated.

GEORGIA
The Georgia statutes regarding divorce are found at GC Title 19 Chapters 5-11.

HAWAII
The Hawaii statutes regarding divorce are found at HRS 580-41 to 580-56.

IDAHO
The Idaho statutes regarding dissolution of marriage are found at Title 32 Idaho Code chapters 6-12.

ILLINOIS
The Illinois Statutes regarding dissolution of marriage are collected in the Illinois Marriage and Dissolution of Marriage Act, 750 ILCS ACT 5.

INDIANA
The Indiana statutes regarding dissolution of marriage are found at AIC §31-1-11.5-1 to 11.5-24.

IOWA
The Iowa statutes regarding marriage, obligations between husband and wife, and dissolution of marriage are found in Iowa Code Annotated Chapters 595-600B.

KANSAS
The Kansas statutes regarding divorce are found at KSA §60-1601 to 60-1620.

KENTUCKY
The Kentucky statutes regarding dissolution of marriage are found at K.R.S.  §403.010 to 403.785.

LOUISIANA
Louisiana is organized into parishes, not counties. The District Court of each parish has its own rules of procedure for handling civil cases, including divorce cases.  The rules are similar in many respects, but there are also distinctions unique to some districts. For example, one district requires a Summons and Petition for Divorce to be served by the sheriff only, and the court may not grant the divorce if the Plaintiff is proceeding by having the Defendant sign a waiver of service, which procedure is totally expectable in many other parishes. The local rules must also be consulted to make sure one is following the correct procedure and utilizing any required forms. Most of the applicable statutes regarding the Louisiana divorce laws are found in Articles 101-159 of the Louisiana Civil Code (abbreviated CC Art. ____). However, other applicable rules and statutes are found elsewhere. Important rules of procedure are found in Articles 3941-3957 of the Louisiana Code of Civil Procedure (abbreviated CCP Art. ____). The Louisiana Child Support Guidelines are found in Chapter 315 of Title 9 of the Louisiana Revised Statutes (abbreviated RS 9:315). The laws governing the division of separate and community property in Louisiana are found elsewhere, at CC Art. 2325-2432 and RS 9:2801.

MAINE
The Maine statutes regarding divorce are found at 19 MRSA §581-825.

MARYLAND
The Maryland statutes regarding divorce are found at Titles 7-12, Annotated Code of Maryland.

MASSACHUSETTS
The Massachusetts statutes regarding divorce are found at ALM Chapter 208 §1-47.

MICHIGAN
The Michigan statutes regarding divorce are found at MCLA §552.1 to 552.683.

MINNESOTA
The Minnesota statutes regarding dissolution of marriage are found at Minn. Stat. §518.06 to 518.66.

MISSISSIPPI
The Mississippi statutes regarding divorce are found at MC 93-5-1 to 93-5-33.

MISSOURI
The Missouri statutes regarding dissolution of marriage are found at VAMS §452.300 to 452.610.

MONTANA
The Montana statutes regarding dissolution of marriage are found at MCA Title 40, chapters 3-7.

NEBRASKA
The Nebraska statutes regarding dissolution of marriage are found at Reissued Revised Statute 42-341 to 42-381.

NEVADA
The Nevada statutes regarding divorce are found at NRS 125.010-.520.

NEW HAMPSHIRE
The New Hampshire statutes regarding divorce are found at RSA 458:1 to 458:52.

NEW JERSEY
The New Jersey statutes regarding divorce are found at NJSA 2A:34-2 to 34-27.  The New Jersey statutes regarding custody and support of minor children are found at NJSA 9:2-2 to 2-11. Also, the New Jersey Rules of Court have a separate section of rules dealing with divorce and other family law cases. See Rules 5:1 to 5:14, New Jersey Rules of Court.

NEW MEXICO
The New Mexico statutes regarding dissolution of marriage are found at §40-4-1 to 40-4-20 NMSA.

NEW YORK
The New York statutes regarding divorce are found at Domestic Relations Law §170 - 253.

NORTH CAROLINA
The North Carolina statutes regarding divorce are found at GS §50-1 to §50-29.

NORTH DAKOTA
The North Dakota statutes regarding dissolution of marriage are found at NDCC Chapter 14-03 to Chapter 14-18.

OHIO
The Ohio statutes regarding divorce and dissolution of marriage are found at ORC 3105.01-.99.

OKLAHOMA
The Oklahoma statutes regarding divorce are found at 43 Okl.St.Ann. §101-138.

OREGON
The Oregon statutes regarding dissolution of marriage are found at Title 11, Oregon Revised Statutes, Chapters 106 - 110.

PENNSYLVANIA
The Pennsylvania statutes regarding divorce are found at 23 Pa.C.S.A. § 3301 - 3707: End Rules 1920.1 - 1930.4, Pennsylvania Rules of Civil Procedure.

RHODE ISLAND
The Rhode Island statutes regarding divorce are found at GLRI 15-5-1 to 15-5-29.

SOUTH CAROLINA
The South Carolina statutes regarding divorce are found at 1976 Code §20-3-10 to 230.

SOUTH DAKOTA
The South Dakota statutes regarding divorce are found at S.D.C.L. 25-4 to 25-10.

TENNESSEE
The Tennessee statutes regarding divorce are found at TCA §36-4-101 to §36-6-303.

TEXAS
The Texas statutes regarding divorce are found at V.T.C.A., Family Code §3.01-3.9611; and §154.001-.309.

UTAH
The Utah statutes regarding divorce are found at UCA 30-3-1 to 30-3-37.

VERMONT
The Vermont statutes regarding divorce are found at 15 VSA Sections 551-762.

VIRGINIA
The Virginia statutes regarding divorce are found at CV §20-91 to 20-146.

WASHINGTON
The Washington statutes regarding dissolution of marriage are found at RCW §26.09 to 26.50.

WEST VIRGINIA
The West Virginia statutes regarding divorce are found at WV Code §48-2-1 to 2-36, and 48A-1-3 to 5-8.

WISCONSIN
The Wisconsin statutes regarding dissolution of marriage are found in Wis. Stat. Chapter 766 and Chapter 767.

WYOMING
The Wyoming statutes regarding divorce are found at W.S. 20-2-101 through 20-2-118, and 20-5-101 through 20-5-125 and 20-6-101 through 20-6-401.

This is not a substitute for legal advice.  An attorney must be consulted.
Copyright © 1994 - 2015 by LAWCHEK, LTD.


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This is not a substitute for legal advice. An attorney must be consulted.