Divorce can be stressful and emotional for couples, but knowing where to file can make it easier.
Some states have simpler and faster divorce procedures than others, making the process faster, less painful, and more straightforward.
In this article, we will discuss the easiest states to get a divorce in 2023.
What Are the Easiest States to Get a Divorce?
Here are the states with the most lenient and fastest divorce laws:
1. Nevada
Known as the “divorce capital of the world,” Nevada has some of the most straightforward and lenient divorce laws in the United States.
The state allows for a quick divorce process, with a minimum residency requirement of only six weeks. In Nevada, there is no waiting period for obtaining a divorce.
If both parties agree on the divorce, and at least one spouse has lived in the state for six (6) weeks, your divorce can be completed in as little as one to two (2) weeks.
2. Alaska
Alaska is another state that has a relatively straightforward divorce process. The state has no minimum residency requirement, meaning you can file for divorce as soon as you arrive in Alaska.
The state also allows for no-fault divorces, meaning you don’t need to prove that your spouse did something wrong to end the marriage.
Alaska has a 30-day waiting period before the divorce can be granted. This means you must wait at least 30 days after filing for the divorce before the judge will sign the final divorce decree.
If both parties agree on the divorce, your divorce can be completed in Alaska in as little as 31 days.
3. South Dakota
South Dakota is another state that offers a quick and easy divorce process.
There is no length of residency before filing for the divorce. The law only requires that at least one person must be a state resident at the time of the filing.
In addition, the law does not require residency to be maintained throughout the divorce to be entitled to the entry of a decree or judgment of divorce.
The state has a minimum residency requirement of only 60 days. To obtain the divorce, you must wait sixty (60) days after service of the summons and complaint before completing the divorce.
If the parties have settled, the settlement documents may be signed before the end of the 60 days, but the court will not enter the judgment and decree of divorce until the 61st day.
Realistically, an uncontested divorce can be completed in as little as 90 days in South Dakota.
5. Wyoming
Wyoming has one of the shortest residency requirements in the country, with a minimum of only 60 days.
The state also allows for no-fault divorces and has a streamlined process for uncontested divorces. If you and your spouse can agree on all the terms of your divorce, you can complete the process in as little as 20 days.
Realistically, an uncontested divorce can be completed in as little as 90 days in Wyoming.
6. New Hampshire
New Hampshire is another state with a quick and straightforward divorce process.
The state has a minimum residency requirement of one year but no waiting period for the divorce to be finalized.
If both parties agree to the divorce terms, the process can be completed in as little as a few months.
7. Mississippi
Mississippi is a state that offers a relatively easy divorce process. The state has a minimum residency requirement of only six months, and the waiting period is only 60 days.
If both parties agree to the divorce terms, the process can be completed in as little as a few months.
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What are the Most Difficult and Time-Consuming States to Get a Divorce in 2023?
1. New York
In New York, there is a residency requirement that both parties must meet before filing for divorce.
At least one of the spouses must have lived in New York for at least two years before filing, or the couple must have gotten married in New York, and at least one of them must have lived in the state for at least one year before filing.
There is no formal New York divorce law waiting period for divorce before it can be finalized.
Divorces in New York can take several months to over a year to be finalized.
2. California
In California, there is also a residency requirement that must be met before filing for divorce.
At least one of the spouses must have lived in California for at least six months immediately before filing.
Under California Family Code § 2339(a), a judgment of dissolution cannot effectively terminate the parties’ marriage until six months have elapsed from the date of service.
After filing for divorce, the petitioner must ensure their spouse receives copies of the divorce papers, marking the beginning of the 6-month cooling-off period.
During this time, the spouses can reconsider their decision to end the marriage and work toward reconciliation.
It is important to note that there are no exceptions to the cooling-off period. A court cannot enter a judgment for the dissolution of marriage until at least six months have passed, even if the parties have resolved all issues in their case.
FAQs
Q. What is the quickest state to get a divorce in?
Nevada is the quickest state to get a divorce in, with a minimum residency requirement of only six (6) weeks and no cooling off or waiting period for the divorce to be finalized.
Q. How long does it take to get a divorce in the easiest states?
If both parties agree on the divorce, the process can be completed in as little as one to two weeks in Nevada. In Alaska, South Dakota, Wyoming, and New Hampshire, the process can take as little as 90 days to complete.
Q. Can I file for divorce in a state I don’t live in?
No, you must meet the residency requirements of the state you’re filing in to get a divorce.
Conclusion
Knowing where to file can make the process much easier if you are considering getting a divorce. The states above offer the easiest and most straightforward divorce procedures, with short waiting periods and minimum residency requirements.