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Forms, filing fees, waiting periods and the traps that get filings rejected, for one state at a time.

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Every page on the site Share this with someone Not sure where to begin What people wish they had known800+ pages, all free to read

Forms, deadlines, and the traps that get filings rejected — one kit per state. And if this only just happened, start here.

Start hereFour questions, then the handful of pages that apply to you, in the order they will make sense The first thirty daysWhat has to happen now, what can wait, and the advice everyone gives that is usually wrong Moving out, and the houseWhether leaving costs you the house, whose name is on what, and the four different things called separation Temporary ordersSupport, the children and the legal fees, decided in the first weeks and lasting until the case ends

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Browse all 50 state guides →

The filing fee for your state, traced to the statute.

Getting your finances in order — what to expect, what is taxable, who pays for what →Divorce money by state — property, support, legal fees, and the four states that tax alimony differently →Is this worth fighting over? — what the argument costs against what it is worth, at your own numbers →What am I forgetting? — forty-three things people miss, shown by what is true of you →Mediation — what it is good at, what it is not, and the questions to ask first →

Compare all 50 states →What people report paying — the rest of the bill →Alimony in all fifty states →Divorce and taxes →Dividing retirement: QDROs, IRAs and pensions →Social Security on an ex-spouse’s record →Health insurance after divorce →Divorce and debt →Valuing a business →Discovery: finding out what you actually own →When you think assets are being hidden →The house: sell it, keep it, or rent →Qualifying for a mortgage on one income →When they stop paying →Beneficiaries and wills after divorce →The parts that are the same everywhere →

Attorneys, mediators, CDFAs and therapists, verified. Nobody paid to be listed — and what to ask before you hire one.

Questions to ask a lawyerThirty of them, with what a bad answer sounds like Doing it without a lawyerWhen that is reasonable, and the hard stops where it is not What your state calls itConservatorship, time sharing, community property. The words that change at the state line GlossaryImputed income, pendente lite, merged versus incorporated. In plain English

All 50 state directories →Selling the house? What the agent credentials mean →

Prenups and postnups in plain English, traced to the statute.

The guideHow they work, and the four ways they fail The checklistWhat to do, in what order, from twelve months out Annotated clausesSix that hold up, three that cause trouble PostnupsWhat changes when you are already married

Custody, support, the arrangements underneath them — and what to do when they stop working.

What age can a child choose?The whole answer is that no state lets them. Only six even name an age When the order stops workingContempt, arrears, and changing the number or the schedule years later Conflict and the child in the middleBadmouthing, loyalty binds, the Disneyland parent, and what each one actually does Child custody by stateIs 50/50 really the default? What the statute says in all fifty Child support by stateHow each state calculates it, and what changes the number Co-parentingCommunication, handovers, and the things that reliably go wrong Parenting arrangementsSchedules that work, by the age of the child Which state decidesJurisdiction, and why it is settled before you think Who speaks for your childGuardians ad litem, evaluators — what they do and who pays Children of divorceWhat the research shows, and where it is misquoted

Protective orders in all fifty states, traced to the statute itself.

Abuse and the divorce caseCoercive control, custody presumptions, why mediation is the wrong room, and documenting safely

All 50 protective order guides →Guns and protection orders: the federal rule →Which states actually take the guns →Digital safety, and the line you must not cross →

Getting your things out of the house, and keeping them somewhere safe until it is settled.

Moving during a divorceThere are two moves, and the federal rules that protect you on the second Broker or carrier?The fifteen-second test that tells you who will actually turn up Every authorized moverAll 1,252 of them, by state, and which are brokers rather than carriers Storage optionsThe four kinds, and whose name ends up on the agreement Storage and the lienHow a unit gets sold out from under you, and how to stop it What happens to the houseSell, buy out, or wait — and when not to call an agent at all

Travel, your health, your name, new relationships. The parts that are not about the filing — and that matter before, during and long after it.

The occasions nobody wrote rules forWeddings, graduations, funerals, holidays and birthdays, when the family is divided Health and self-careTherapy, grief, sleep, drinking, eating, appearance and the healthcare you stopped booking TravelPassports that need both parents, consent letters, and what it costs to travel as one Changing your name backAsk in the divorce and it is usually free. Miss that moment and it is not StepfamiliesWhat the research says, and the two statistics that have no source Blended familiesWhat actually works, and what is just custom StepmothersThe hardest position in the structure, and why it is the structure Dating againThe legal risk nobody mentions, and how to stay safe Buddy connectionsMatched with one person going through it too. Both anonymous Share The CuspPass it to someone who needs a straight answer Where we were wrongEvery error we have found and fixed, dated and public

All topics About

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Click the highlighted firm name, strapline and contact block below and type over them. They are editable in place.
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Before you signDocuments to gatherThe first thirty days

Choose your state

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Divorce, custody and support

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Before you sign

Almost nothing on this sheet is about whether your settlement is fair. It is about the things that are simply missing from an agreement that looks finished — the order that was never drafted, the form the IRS needs and your decree cannot replace, the deadline nobody mentioned. These are the reasons people come back two years later and are told nothing can be done.

Bring this to the meeting where you are expected to sign. Tick what has actually been dealt with, and ask about the rest.

Law checked 6 September 2026 · federal sources

1. Retirement: the order that has to exist separately

The agreement says the pension or the 401(k) is split. The agreement does not split it — a separate order does, and the correct instrument is different for every kind of plan.

Private employer plan (401(k), 403(b), company pension): needs a Qualified Domestic Relations Order naming both people, the amount or the formula, the number of payments, and each plan it applies to.29 U.S.C. § 1056(d)(3)(C); 26 U.S.C. § 414(p)(2)
An IRA is not divided by a QDRO. It moves by trustee-to-trustee transfer incident to divorce.26 U.S.C. § 408(d)(6)
Federal service (FERS/CSRS) uses a Court Order Acceptable for Processing, and the order must say so expressly.5 C.F.R. §§ 838.103, 838.302(a)(1)
Thrift Savings Plan uses a Retirement Benefits Court Order.tsp.gov
Ask who is drafting each order, when the plan will pre-approve it, and what it costs. Pre-approval before the judge signs is the step that prevents the whole problem.

The military 10/10 rule is not what you have been told

A court may treat disposable retired pay as marital property however long the marriage lasted. The ten-year overlap governs only whether DFAS pays a former spouse directly. Separately: if the order requires former-spouse Survivor Benefit Plan coverage, the deemed election must reach DFAS within one year of that order. 10 U.S.C. § 1408(d)(2); dfas.mil

2. What happens to the pension if they die first

Divorce cancels the survivor protection the law gives spouses. A former spouse gets a survivor annuity only if the order expressly requires the plan to treat them as the surviving spouse.US Department of Labor, EBSA
Ask it in these words: does the order name me as surviving spouse for survivor annuity purposes?

3. Tax: four things the decree cannot do by itself

Alimony executed after 31 December 2018 is not deductible and not taxable income. A pre-2019 order keeps the old treatment even when modified — unless the modification expressly adopts the new rules.IRS Topic 452; Publication 504
You take the asset’s tax bill with it. Transfers incident to divorce are untaxed, but the recipient takes the transferor’s original basis. $150,000 in cash and $150,000 of stock bought for $30,000 are not the same offer.26 U.S.C. § 1041
Who claims the children is settled by IRS Form 8332, not by the judge. A state-court order alone does not bind the IRS.26 U.S.C. § 152(e)
A health savings account transfers to a spouse or former spouse untaxed, and is then theirs.26 U.S.C. § 223(f)(7)

4. Health insurance, and the sixty-day clock

Divorce or legal separation gives a spouse and dependent children up to 36 months of COBRA continuation — longer than the 18 months most people have heard of.
The notice duty is on you, not the employer, and it is 60 days from the divorce or legal separation.29 U.S.C. §§ 1163(3), 1166(a)(3)
Decide now: who notifies which plan administrator, and on what date.

5. Debt: the decree does not bind the bank

A joint account holder stays liable to the lender for the whole balance, whatever the decree says about who pays.Consumer Financial Protection Bureau
The only real fix is closure, refinancing into one name, or a written release from the creditor — before signature, not promised for afterwards.

6. The children, years out

A 529 plan is controlled by its account owner — investments, distributions, and even who the beneficiary is.SEC, investor.gov
The FAFSA rule reversed. Since the 2024–25 form the reporting parent is the one the student lived with more; financial support is only the tiebreaker if the time was exactly equal.Federal Student Aid
College contribution is a question of state law, and states genuinely disagree.

7. The ten-year rule you cannot fix later

To claim Social Security on a former spouse’s record the marriage must have lasted at least ten years. No decree and no judge can shorten it. If you are close to ten years, the date the divorce becomes final is a financial decision. It costs your ex nothing. Social Security Administration

8. The ones with no national answer — ask about each

The house. By when, listed with whom, at what price, reduced on what schedule, who pays mortgage, taxes, insurance and repairs meanwhile, and what happens if it does not sell.
Life insurance securing support. Who owns the policy, who controls the beneficiary, how the amount steps down, and how you find out if it lapses.
Beneficiary designations everywhere else. Divorce does not clear them.
Children’s unreimbursed medical costs and extracurriculars.
Stock options, RSUs, deferred compensation. Which grants, on what formula, and who bears the tax on exercise.
A business interest. Valued as of what date, on whose figures, over what term.
Pets, points, miles and everything digital.

Documents to gather

The single highest-leverage thing anybody can do in the first week is copy or photograph the records they already have lawful access to. Financial paperwork has a way of getting harder to reach once a case is adversarial: statements stop arriving at a shared address, online access changes, and a spouse who has always handled the money may not volunteer anything.

Law checked 6 September 2026 · federal sources

Read this before you start

Copy what you already have lawful access to. Do not go into accounts that are not yours. Guessing or using a spouse’s password, installing a monitoring app, or logging into their private email can be a federal crime, quite separately from any state rule about divorce evidence — the Wiretap Act, 18 U.S.C. § 2511, and the Stored Communications Act, 18 U.S.C. § 2701, both apply between spouses.

A joint tax return, a statement posted to the house, a file on a shared computer you are authorized to use: fine. Their private inbox: not fine, even on a computer in your own kitchen. The line is authorization, not who owns the device. 18 U.S.C. §§ 2511, 2701

Income

Tax returns — the last three years, complete, with every schedule. Two to three years is what courts and financial analysts want, because it shows the trend and exposes anything unusual.
W-2s and 1099s, the last two to three years. They corroborate the returns and show where the money actually comes from.
Pay stubs, the last two to three months, for both spouses. Current income, and the withholding elections.

Accounts

Bank and brokerage statements, the last twelve months, for every account you can see — joint and individual, checking, savings and investment.
Retirement and pension statements. The most recent for every 401(k), IRA and pension, plus any plan summary describing vesting and survivor benefits.
Credit card statements, the last twelve months, for every joint or authorized-user card. You stay liable on a joint balance whoever spent it.

Property

The mortgage statement and the deed. The balance, the payment history, and exactly whose names are on title.
Vehicle titles for every car, boat or other titled property.
A household inventory. Photograph rooms, furniture, art, jewelry and anything of real value, with the phone’s timestamp, before anything is moved.

Everything else

Insurance policies — health, auto, home or renter’s, and especially any life policy with a cash value, which is a divisible asset.
The prenuptial or postnuptial agreement, if there is one, with any financial disclosures attached to it.
Business records for any business either spouse has an interest in: returns, profit and loss, and the ownership or operating agreement.
Wills and trusts, current versions of both. These usually need rewriting whatever happens.

And then

Put the copies somewhere your spouse cannot alter or delete. A personal cloud account, a personal email, or printed and kept outside the house. Copies that live only on the shared computer are not copies.

The first thirty days

Very little has to happen in week one. What genuinely cannot wait is safety, preserving records before they become hard to reach, and not making the two or three moves people most regret. Everything else — finding a lawyer, filing, deciding who lives where — can be done deliberately over the following weeks.

Law checked 6 September 2026 · federal sources

1. The one that is almost always misunderstood

Moving out does not, by itself, give up your ownership interest in the house. Marital property is generally decided by when and how something was acquired, not by who is sleeping there.
But it can affect a temporary custody schedule. Courts commonly set temporary parenting time around the arrangement children are already living under. If the children have been settled into one pattern for weeks by the first hearing, that pattern becomes the baseline.
Where there is violence, this calculation inverts entirely. Leaving is the priority. Staying to protect a property or custody position is not worth it. There is no court fee to ask for a domestic violence restraining order and you do not need a lawyer to do it.

2. Money, and what it looks like

The financial moves of the first month matter less for what they achieve than for what they avoid — looking as though you tried to drain or hide something before a judge had a chance to weigh in.

Before anything is filed, most states have no rule flatly barring a withdrawal from a joint account. It can still look very bad.
The moment somebody files, that changes in many states, and this is the least-known rule in divorce. An automatic order takes effect on both spouses, freezing transfers, sales, insurance changes and beneficiary changes. Nobody serves it on you separately and nobody explains it. Breaking it is contempt.e.g. Cal. Fam. Code § 2040; N.Y. Dom. Rel. Law § 236(B)(2)(b)
Get your credit reports. One free report a year from each of the three bureaus, at AnnualCreditReport.com — the official site, not a lookalike that wants a subscription. Freezing and unfreezing your file is free nationwide.Fair Credit Reporting Act, as amended in 2018; Consumer Financial Protection Bureau
Open an account in your own name, at a different bank, and redirect your wages.

3. Your phone, your email, your accounts

If there is any possibility of an abusive partner, read this first

Do not abruptly switch off location sharing or make other visible changes. It can alert them and escalate the risk, including by prompting a different kind of monitoring or the destruction of evidence. Talk to an advocate about timing first.NNEDV Safety Net Project

A new personal email, on a device they have never logged into, not linked to any shared recovery number or backup address.
Change passwords in this order: email, then banking, then social, then the rest. Email is the recovery path for everything else, so it goes first.
Move two-factor codes off a number on a shared family plan. A shared plan can mean someone else sees the codes, or can make account changes.
Check location sharing on both sides — Find My and Family Sharing on iPhone, Family Link and Maps sharing on Android — and any shared Apple or Google account for calendars, photos and purchase history.
Smart-home devices and car apps. Video doorbells, speakers, thermostats, and shared vehicle apps that show location history or allow remote control.

4. What not to put in writing

Write every text as though a judge will read it aloud, because that is what happens. If you would not want it read out, do not send it.
Do not post about a new relationship, about money, purchases or holidays, or anything critical of the other parent. Each of those is routinely used in custody and support arguments, however innocent the explanation.
Do not delete anything. Destroying material once a dispute has begun can itself be sanctionable, separately from whatever it said — and messages are usually recoverable from the other phone, the cloud or the carrier anyway. If you have already sent something you regret, leave it and tell your lawyer.

5. The things that quietly lapse

COBRA: 60 days to elect, up to 36 months of cover. The clock starts when coverage ends or the election notice reaches you, whichever is later.US Department of Labor
Divorce alone does not open a Marketplace special enrollment period. It is the loss of coverage caused by the divorce that opens the 60-day window, not the divorce itself. This catches people constantly.HealthCare.gov
Review beneficiaries early, before filing. Once an automatic order is in effect, changing a life insurance beneficiary may need the other spouse’s written consent or a court order.

Choose a state above and its rules will be added here, with the citation next to each one.

In Alabama

Alabama has no property-division statute mandating a formula; under Ala. Code § 30-2-51 the marital estate is subject to equitable division and distribution, meaning a fair but not necessarily equal split based on case-law factors (length of marriage, contributions, conduct).

Property division: equitable distribution; Ala. Code § 30-2-51
Residency requirement: A specific durational residency requirement (six months) applies only when the defendant is a nonresident: the other party must have been a bona fide resident of Alabama for six months before filing.; Ala. Code § 30-2-5not re-checked
Waiting period: A court may not enter a final judgment of divorce until 30 days after the summons and complaint are filed.; Ala. Code § 30-2-8.1not re-checked
The no-fault ground: Irretrievable breakdown of the marriage (§30-2-1(a)(9)), or incompatibility of temperament such that the parties can no longer live together (§30-2-1(a)(7)).; Ala. Code § 30-2-1not re-checked
Filing fee: Set locally by the clerk, not statewide. Check your county; —
Alimony: Under § 30-2-57, the court awards either rehabilitative or periodic alimony when a party lacks sufficient property or income, considering the length of marriage, standard of living, age/health, and earning ability of both spouses.; Ala. Code § 30-2-57not re-checked
Custody standard: Best interests of the child; state policy is to assure children frequent and continuing contact with both parents and to encourage shared parenting responsibilities.; Ala. Code § 30-3-150not re-checked
Any parenting-time presumption: No statutory presumption about equal time found; —

Every line above was read at the statute or the court and last checked on 31 August 2026. The full page, with each source linked, is at thecusp.app/what-to-expect-alabama/

In Alaska

Alaska courts divide only marital property (property acquired during the marriage) in a manner that is just, based on statutory factors such as length of marriage, age/health, earning capacity, and conduct; separate property is generally excluded absent ‘invasion’ when equity requires it. Community property exists only if spouses opted into a community property agreement/trust under AS 34.77.

Property division: equitable distribution; AS 25.24.160(a)(4)
Residency requirement: No fixed minimum duration is specified in the divorce grounds/residence statutes reviewed; the plaintiff (or, via AS 25.24.090, a qualifying spouse) generally must be a resident of Alaska at the time the action is commenced.; —
Waiting period: The judge generally will not sign a final divorce or dissolution decree until at least 30 days after the case is filed.; Alaska Court System, Self-Help ‘Filing for Dissolution or Divorce’ (statutory section not read; akleg.gov statutes JS-only)
The no-fault ground: Incompatibility of temperament (has caused the irremediable breakdown of the marriage).; AS 25.24.050not re-checked
Filing fee: $250 to file a divorce complaint or dissolution petition (statewide superior court fee); Alaska Administrative Rule 9(b); Alaska Court System fee schedule
Alimony: Under AS 25.24.160(a)(2), maintenance may be awarded without regard to fault, based on length of marriage, age/health, earning capacity, financial condition, and conduct including unreasonable depletion of marital assets.; AS 25.24.160(a)(2)
Custody standard: Best interests of the child, weighing the statutory factors in AS 25.24.150(c): the child’s physical, emotional, mental, religious and social needs; each parent’s capability and desire to meet them; the child’s preference if of sufficient age and capacity; love and affection between child and each parent; stability and continuity; each parent’s willingness to foster the other parent’s relationship (except where domestic violence or sexual assault is involved); any domestic violence, child abuse or neglect; substance abuse affecting the child; and other pertinent factors.; AS 25.24.150(c); AS 25.24.150(g)-(j) (domestic-violence presumption)
Any parenting-time presumption: No presumption for or against joint custody is stated on the official court pages; there is a rebuttable presumption that a parent with a history of domestic violence may not be awarded custody unless statutory requirements (such as completing an intervention program) are met.; AS 25.24.150(c); AS 25.24.150(g)-(j) (domestic-violence presumption)

Every line above was read at the statute or the court and last checked on 31 August 2026. The full page, with each source linked, is at thecusp.app/what-to-expect-alaska/

In Arizona

All property acquired by either spouse during the marriage is community property, owned equally, except property acquired by gift, devise, or descent, or acquired after service of the dissolution petition; the court divides community property equitably (not necessarily equally).

Property division: community property; A.R.S. § 25-211
Residency requirement: One spouse (or a servicemember stationed in Arizona) must have been domiciled in Arizona for 90 days before filing the petition for dissolution.; A.R.S. § 25-312(A)(1)
Waiting period: Mandatory 60-day waiting period: the court may not hear or decide a petition for dissolution (or legal separation) until 60 days after service or acceptance of process; A.R.S. § 25-329
The no-fault ground: The marriage is irretrievably broken, with no reasonable prospect of reconciliation. Fault-based grounds exist only for ‘covenant marriages’ entered under A.R.S. § 25-903 — a marriage type couples must affirmatively elect at the time of marriage.; A.R.S. § 25-312
Filing fee: $261 statewide statutory fee to file a petition for dissolution of marriage (Class C initial filing under A.R.S. § 12-284 plus statutory surcharges for document storage, spousal-maintenance enforcement and conciliation court), per the Arizona Judicial Branch Superior Court fee schedule effective 28 December 2024; individual counties may add local fees; A.R.S. § 12-284; Ariz. Sup. Ct. Admin. Order 2024-210
Alimony: Under A.R.S. § 25-319, the court applies statutory eligibility criteria and (since 2023) spousal maintenance guidelines to determine amount and duration necessary for the receiving spouse to become self-sufficient.; A.R.S. § 25-319
Custody standard: Legal decision-making and parenting time are determined in accordance with the best interests of the child, considering the statutory factors in A.R.S. § 25-403(A); the court must adopt a parenting plan that provides for both parents to share legal decision-making and that maximizes their respective parenting time (§ 25-403.02(B)).; A.R.S. §§ 25-403(A), 25-403.02(B), (E), 25-403.03(A), (D) (as amended by Laws 2026, ch. 263)
Any parenting-time presumption: No presumption of equal (50/50) parenting time — § 25-403.02(E) states that shared legal decision-making ‘does not necessarily mean equal parenting time.’ Domestic violence is treated separately: joint legal decision-making shall not be awarded where the court finds significant domestic violence or a significant history of domestic violence (§ 25-403.03(A)), and, as amended by Laws 2026, ch. 263 (HB 2995, emergency measure effective June 22, 2026), a finding that a parent committed domestic violence creates a mandatory rebuttable presumption that an award of legal decision-making or parenting time to that parent is contrary to the child’s best interests (§ 25-403.03(D)).; A.R.S. §§ 25-403(A), 25-403.02(B), (E), 25-403.03(A), (D) (as amended by Laws 2026, ch. 263)

Every line above was read at the statute or the court and last checked on 3 September 2026. The full page, with each source linked, is at thecusp.app/what-to-expect-arizona/

In Arkansas

Marital property is presumed to be distributed one-half to each party unless the court finds that inequitable, in which case it divides property considering length of marriage, age/health, income, vocational skills, and each spouse’s contribution (including as homemaker); non-marital (separate) property generally returns to its original owner.

Property division: equitable distribution; Ark. Code § 9-12-315
Residency requirement: Either spouse must have resided in Arkansas for 60 days before filing, and the plaintiff must have resided in the state for 3 full months before the final divorce judgment.; Ark. Code § 9-12-307(a)(1)
Waiting period: No divorce decree may be granted until at least 30 days have elapsed from the date the complaint was filed.; Ark. Code § 9-12-307(a)(1)(B)
The no-fault ground: Living separate and apart without cohabitation for 18 continuous months, regardless of whose fault caused the separation.; Ark. Code § 9-12-301
Filing fee: Set locally by the clerk, not statewide. Check your county; —not re-checked
Alimony: Called ‘alimony’. Ark. Code 9-12-312 lets the court award alimony ‘as are reasonable from the circumstances of the parties and the nature of the case’; the primary factors (from case law) are one spouse’s need and the other’s ability to pay, with secondary factors including financial circumstances, standard of living, income and earning capacity, property awarded, health, duration of the marriage and child support. Rehabilitative alimony may be awarded in fixed installments for a specified period; unless the decree says otherwise, alimony ends on the recipient’s remarriage, full-time intimate cohabitation, or death of either party. No statutory formula or cap.; Ark. Code § 9-12-312(a)-(b)
Custody standard: Best interest of the child, awarded so as to assure frequent and continuing contact with both parents; the court may consider the child’s preference if of sufficient age/maturity.; Ark. Code § 9-13-101
Any parenting-time presumption: Rebuttable presumption that joint custody is in the best interest of the child in an initial custody determination (added by Act 604 of 2021).; Ark. Code § 9-13-101

Every line above was read at the statute or the court and last checked on 31 August 2026. The full page, with each source linked, is at thecusp.app/what-to-expect-arkansas/

In California

Property acquired by either spouse during the marriage (other than by gift or inheritance) is community property owned equally by both spouses, and California courts must divide community property equally absent a written agreement otherwise, under Family Code § 760 and related division provisions.

Property division: community property; Cal. Fam. Code § 760
Residency requirement: One spouse must have lived in California for the last 6 months and in the current county for the last 3 months before filing.; Cal. Fam. Code § 2320
Waiting period: A court cannot terminate marital status (finalize the divorce) until at least 6 months from the date the respondent was served with (or appeared in) the case.; Cal. Fam. Code § 2339
The no-fault ground: Irreconcilable differences that have caused the irremediable breakdown of the marriage. No spousal agreement and no fault is required to file. California recognizes only two grounds for dissolution — irreconcilable differences, and permanent legal incapacity to make decisions; there are no fault-based grounds such as adultery or cruelty.; Cal. Fam. Code § 2310
Filing fee: $435 (statewide first-paper fee for a petition for dissolution, legal separation, or nullity; Riverside, San Bernardino and San Francisco add a local courthouse-construction surcharge); Cal. Gov. Code §§ 70670(b), 70602.5, 70602.6; Judicial Council Statewide Civil Fee Schedule (eff. Jan. 1, 2026)
Alimony: Called ‘spousal support’ (or domestic-partner support). For long-term (post-judgment) support the court must weigh the Family Code § 4320 circumstances — length of the marriage, each spouse’s age and health, incomes and earning capacity, the marital standard of living, property and debts, contributions to the other spouse’s education or career, need and ability to pay, tax consequences, and any history of domestic abuse — with no fixed formula for amount. For marriages of less than ten years the working assumption is that support lasts half the length of the marriage; for marriages of ten years or more there is no such assumption and support may continue as long as one spouse needs it and the other can pay.; Cal. Fam. Code § 4320
Custody standard: Best interest of the child, considering factors under Family Code § 3011 (health, safety, welfare of child; history of abuse; contact with both parents; habitual substance abuse, among others).; Cal. Fam. Code §§ 3011, 3040
Any parenting-time presumption: None — Family Code § 3040 expressly establishes neither a preference nor a presumption for or against joint legal custody, joint physical custody, or sole custody.; Cal. Fam. Code §§ 3011, 3040

Every line above was read at the statute or the court and last checked on 3 September 2026. The full page, with each source linked, is at thecusp.app/what-to-expect-california/

In Colorado

Colorado courts divide marital property (property acquired during the marriage, with some exceptions) in proportions the court deems just, without regard to marital misconduct, considering each spouse’s contribution, value of separate property, economic circumstances, and any increase/decrease in value of separate property during the marriage.

Property division: equitable distribution; C.R.S. § 14-10-113
Residency requirement: At least one party must have been domiciled in Colorado for 91 days immediately before the petition is filed.; C.R.S. § 14-10-106(1)(a)(I)
Waiting period: A decree cannot be entered until 91 days after the petition is filed and the other spouse is served (or the parties file jointly / the other spouse signs a waiver); the 91 days run from joint filing, service, or the signed waiver.; Colorado Judicial Branch, JDF 1010 Guide to Divorce or Legal Separation (rev. 2025) (statutory section in C.R.S. 14-10-106 not read; Title 14 PDF truncated)
The no-fault ground: The marriage is irretrievably broken. This is the sole ground for dissolution in Colorado.; C.R.S. § 14-10-106
Filing fee: $260 to file a petition for dissolution of marriage or legal separation; $146 for a response (statewide district court fee, effective January 1, 2025); C.R.S. § 13-32-101; Colorado Judicial Branch List of Fees (January 2025)
Alimony: Colorado calls it ‘maintenance.’ Under C.R.S. § 14-10-114 the court first decides whether maintenance is appropriate, then may consult advisory guidelines that apply when the marriage lasted at least 3 years and combined annual gross income is $240,000 or less: the guideline amount is 40% of the parties’ combined monthly adjusted gross income minus the lower-earning party’s income, adjusted to 80% of that figure (combined income up to $10,000/month) or 75% ($10,001–$20,000/month); guideline duration runs on a table by length of marriage (zero under 36 months, rising to 120 months for a 20-year marriage; open-ended term possible for longer marriages). The guidelines create no presumption; the court weighs factors including each party’s financial resources, the property division, income and employability, reasonable needs and lifestyle, age and health, length of the marriage, education needs, and contributions to the marriage.; C.R.S. § 14-10-114 (as summarized in Colorado Judicial Branch Appendix C, Spousal/Partner Maintenance Advisement, rev. 9/25)
Custody standard: Best interests of the child (Colorado calls this ‘allocation of parental responsibilities’ rather than custody), considering statutory factors.; C.R.S. § 14-10-124not re-checked
Any parenting-time presumption: No presumption that equal (50/50) parenting time is in a child’s best interest, and no presumption that either parent is better suited to serve the child’s interests; courts start from the individualized best-interest analysis, not a default split.; C.R.S. § 14-10-124

Every line above was read at the statute or the court and last checked on 31 August 2026. The full page, with each source linked, is at thecusp.app/what-to-expect-colorado/

In Connecticut

Connecticut is an all-property state, and unusually blunt about it: § 46b-81(a) lets the Superior Court ‘assign to either spouse all or any part of the estate of the other spouse’, whenever and however that property was acquired, and pass title to real property without any act by either spouse. There is no formula and no presumption of an equal split. Section 46b-81(c) directs the court to weigh the length of the marriage, the causes for the dissolution, and each party’s age, health, station, occupation, amount and sources of income, earning capacity, vocational skills, education, employability, estate, liabilities and needs, the opportunity of each for future acquisition of capital assets and income, and each party’s contribution to the acquisition, preservation or appreciation in value of their respective estates.

Property division: equitable distribution; Conn. Gen. Stat. § 46b-81(a), (c)
Residency requirement: A complaint may be filed at any time after either party has established residence in Connecticut. A decree can only be entered if one of three things is true: one party has been a Connecticut resident for the twelve months next preceding the filing of the complaint, or next preceding the decree; or one party was domiciled in Connecticut at the time of the marriage and returned intending to remain permanently before the complaint was filed; or the cause of the dissolution arose after either party moved into the state.; Conn. Gen. Stat. § 46b-44(a), (c)
Waiting period: There is no single waiting period; the clock depends on the route. The court may proceed following the second day after the return date, unless the parties file a full agreement before it. But no default judgment may be entered until at least 30 days after the return date where the defendant was served personally or at their home; where service was made any other way, not until after a hearing held at least 60 days after the return date; and no trial of a contested dissolution may begin until at least 90 days after the return date. A nonadversarial joint petition is given a disposition date not less than 30 days after filing, and the court may enter the decree on that date, or within five days of it, without a hearing.; Conn. Gen. Stat. §§ 46b-67(a), 46b-44c(a), (b)
The no-fault ground: The marriage has broken down irretrievably. Connecticut has a second no-fault route as well: the parties have lived apart by reason of incompatibility for a continuous period of at least the eighteen months immediately before service of the complaint, with no reasonable prospect of reconciliation.; Conn. Gen. Stat. § 46b-40(c)
Filing fee: $360 — the standard Superior Court civil entry fee, which is what a dissolution is charged; there is no separate statutory divorce fee. Where minor children are involved the court will also order the parenting education program, whose participation fee is set by the service provider rather than by statute, and nobody may be excluded from it for inability to pay.; Conn. Gen. Stat. § 52-259(a); parenting education program, § 46b-69b(d)
Alimony: No formula and no guideline table. In deciding whether to award alimony, and for how long and how much, the court weighs the length of the marriage, the causes for the dissolution, and each party’s age, health, station, occupation, amount and sources of income, earning capacity, vocational skills, education, employability, estate and needs, together with any property award made under § 46b-81 — and, for a parent who has custody of the children, the desirability and feasibility of that parent going out to work. If an order will end only on death or remarriage, the court must state on the record, with specificity, why.; Conn. Gen. Stat. § 46b-82(a), (b)
Custody standard: Best interests of the child. Orders must provide the child with ‘the active and consistent involvement of both parents commensurate with their abilities and interests’, and the court may consider seventeen listed factors — among them the child’s physical and emotional safety, the informed preferences of the child, each parent’s willingness to encourage the child’s relationship with the other parent, any manipulation or coercive behavior by a parent, the effect on the child of a domestic-violence abuser’s actions, and whether a parent completed the parenting education program. The court need not give any factor any particular weight, but must state the basis for its decision.; Conn. Gen. Stat. §§ 46b-56(a)-(c), 46b-56a(a), (b)
Any parenting-time presumption: There is no general presumption of joint or equal custody. The presumption in § 46b-56a(b) bites only where the parents have already agreed to joint custody, or agree to it in open court — and if the court then declines to order it, it must give its reasons.; Conn. Gen. Stat. §§ 46b-56(a)-(c), 46b-56a(a), (b)

Every line above was read at the statute or the court and last checked on 4 September 2026. The full page, with each source linked, is at thecusp.app/what-to-expect-connecticut/

In Delaware

Upon request of either party, the Family Court equitably divides marital property considering factors such as length of marriage, prior marriages, age/health/income of parties, contribution to acquisition of property (including as homemaker), and value of non-marital property.

Property division: equitable distribution; 13 Del. C. § 1513
Residency requirement: The Family Court has jurisdiction where either petitioner or respondent has been a Delaware resident for at least 6 months before filing (or is a member of the armed forces stationed in Delaware for that period).; 13 Del. C. § 1504
Waiting period: Delaware has no post-filing waiting period as such, but every ground requires ‘separation’, which the Code defines as living separate and apart for 6 or more months immediately preceding the ruling on the petition (the parties may be under the same roof if they occupy separate bedrooms and have no sexual relations). No period of separation is required where the marriage is characterized by separation caused by the respondent’s misconduct (§ 1505(b)(2)).; 13 Del. C. § 1503(8); § 1505(a)-(b)
The no-fault ground: The marriage is irretrievably broken, as shown by voluntary separation, separation due to incompatibility, or separation caused by the respondent’s mental illness or misconduct — and reconciliation is improbable.; 13 Del. C. § 1505
Filing fee: $165 petition fee plus a $10 court security fee ($175 total); each ancillary matter requested (property division, alimony, separation agreement) adds $90; Family Court of the State of Delaware, Schedule of Assessed Costs (eff. July 20, 2026)
Alimony: Called ‘alimony’. It may be awarded only to a ‘dependent party’ — one who depends on the other spouse for support, lacks sufficient property (including the marital-property award) to meet reasonable needs, and cannot be self-supporting through appropriate employment or is caring for a child whose circumstances make employment inappropriate. Amount and duration are what the court deems just, without regard to marital misconduct, after weighing the § 1512(c) factors (financial resources, time needed for education or training, marital standard of living, length of marriage, age and health, contributions to the other’s education or career, ability to pay, tax consequences, opportunities foregone). Duration is capped at 50% of the length of the marriage unless the marriage lasted 20 years or more, in which case there is no time limit.; 13 Del. C. § 1512(b)-(d)
Custody standard: Legal custody and residential arrangements are determined in accordance with the best interests of the child, considering statutory factors (wishes of parents and child, interaction with parents/siblings, adjustment to home/school/community, mental and physical health of all involved, and any evidence of domestic violence).; 13 Del. C. § 722
Any parenting-time presumption: No statutory presumption in favor of either joint or sole custody.; 13 Del. C. § 722

Every line above was read at the statute or the court and last checked on 3 September 2026. The full page, with each source linked, is at thecusp.app/what-to-expect-delaware/

In Florida

The court sets apart each spouse’s nonmarital assets and then equitably distributes marital assets and liabilities, beginning with the premise that distribution should be equal unless there is a justification for unequal distribution based on statutory factors (contribution to the marriage, economic circumstances, career sacrifices, etc.).

Property division: equitable distribution; Fla. Stat. § 61.075
Residency requirement: One of the parties must reside in Florida for 6 months before the petition for dissolution is filed.; Fla. Stat. § 61.021
Waiting period: No final judgment of dissolution may be entered until at least 20 days have elapsed from the filing of the original petition, unless the court finds that injustice would result from the delay and enters judgment earlier.; Fla. Stat. § 61.19
The no-fault ground: The marriage is irretrievably broken. Florida is otherwise a pure no-fault state; the only alternate (non-fault) ground is the mental incapacity of one party for at least three years.; Fla. Stat. § 61.052
Filing fee: $408 as collected by county clerks (e.g., Collier County Clerk: ‘Dissolution of Marriage $408.00’, plus $10 per summons). Set by statute statewide: base filing fee of up to $295 for chapter 61 petitions (§ 28.241(1)(b)), the $4 additional fee of § 28.241(1)(a)1.c., and dissolution-specific charges of $5, $55 and $37.50 under § 28.101(1).; Fla. Stat. §§ 28.241(1)(b), 28.241(1)(a)1.c., 28.101(1)
Alimony: Since ch. 2023-315 (effective for petitions filed on or after July 1, 2023) § 61.08 authorizes only temporary, bridge-the-gap, rehabilitative and durational alimony — the word ‘permanent’ no longer appears in the section. The party seeking alimony must prove need and the other party’s ability to pay (§ 61.08(2)(a)); the court then weighs the § 61.08(3) factors (duration of the marriage, standard of living, age and health, financial resources, earning capacity and education, contributions to the marriage, child-care responsibilities, and other equitable factors). Marriages are presumptively short-term (under 10 years), moderate-term (10–20 years) or long-term (20 years or more) (§ 61.08(5)); durational alimony may not be awarded for a marriage of under 3 years, may not exceed 50%/60%/75% of the length of a short-/moderate-/long-term marriage, and is capped at the recipient’s reasonable need or 35% of the difference in the parties’ net incomes, whichever is less (§ 61.08(8)). An award may not leave the payor with significantly less net income than the recipient absent written findings of exceptional circumstances (§ 61.08(9)).; Fla. Stat. § 61.08 (2025), as amended by ch. 2023-315
Custody standard: Best interests of the child, governed by an extensive list of statutory factors under § 61.13(3).; Fla. Stat. § 61.13
Any parenting-time presumption: Following a 2023 amendment, there is a rebuttable presumption that equal (50/50) time-sharing is in the best interest of the child, which either parent can rebut with evidence.; Fla. Stat. § 61.13

Every line above was read at the statute or the court and last checked on 3 September 2026. The full page, with each source linked, is at thecusp.app/what-to-expect-florida/

In Georgia

Georgia courts (or a jury, if requested) have authority to award property of one spouse to the other based solely on equitable division principles developed through case law; there is no fixed statutory division formula.

Property division: equitable distribution; O.C.G.A. § 19-5-13
Residency requirement: Generally, one party must have been a bona fide resident of Georgia for six months before filing.; O.C.G.A. § 19-5-2
Waiting period: A divorce may not be granted on the irretrievable-breakdown ground until at least 30 days have elapsed from the date of filing.; O.C.G.A. § 19-5-3(13)not re-checked
The no-fault ground: The marriage is irretrievably broken (ground 13 of 13).; O.C.G.A. § 19-5-3not re-checked
Filing fee: Set locally by the clerk, not statewide. Check your county; —not re-checked
Alimony: We could not confirm this at a primary source; —not re-checked
Custody standard: Best interests of the child; the judge may consider any relevant factor, including the love and emotional bonds between child and parent, each parent’s capacity to provide for the child’s needs, stability, and the child’s own wishes.; O.C.G.A. § 19-9-3
Any parenting-time presumption: A child age 14 or older may select the parent with whom to live, and that selection is presumptive unless the court finds that parent not to be in the child’s best interest; no general 50/50 custody presumption exists.; O.C.G.A. § 19-9-3

Every line above was read at the statute or the court and last checked on 31 August 2026. The full page, with each source linked, is at thecusp.app/what-to-expect-georgia/

In Hawaii

Upon granting a divorce, the Family Court may make further orders it deems just and equitable regarding the division and distribution of marital property, without a fixed statutory formula.

Property division: equitable distribution; Haw. Rev. Stat. § 580-47
Residency requirement: Either spouse must have been domiciled or physically present in Hawaii for a continuous period of at least six months immediately before the complaint for divorce is filed, and the filing spouse must have been domiciled or physically present in the judicial circuit where the complaint is filed for a continuous period of at least three months before filing.; Haw. Rev. Stat. § 580-1
Waiting period: No statutory waiting period is stated by the Hawaii Judiciary: the divorce is effective once the decree has been approved and signed by the judge and file-stamped by the court. In practice an uncontested divorce by affidavit usually takes six to ten weeks after the packet is submitted for the judge’s review.; Hawaii State Judiciary, ‘Divorce — How to Proceed’ (self-help page; no HRS section cited)
The no-fault ground: Hawaii has four grounds, all no-fault: (1) the marriage is irretrievably broken; (2) the parties have lived separate and apart under a decree of separation from bed and board, the term of separation has expired and no reconciliation has been effected; (3) the parties have lived separate and apart for two years or more under a decree of separate maintenance and no reconciliation has been effected; or (4) the parties have lived separate and apart for a continuous period of two years or more immediately preceding the application, there is no reasonable likelihood cohabitation will resume, and granting the divorce would not be harsh and oppressive to the defendant or contrary to the public interest.; Haw. Rev. Stat. § 580-41
Filing fee: $215 to file a divorce (or civil-union divorce) with no minor children ($100 filing fee + $65 surcharge + $50 computer surcharge); $265 with minor children (adds a $50 parent-education surcharge); Hawaii State Judiciary, Family Court Filing Fees (effective June 17, 2022)
Alimony: We could not confirm this at a primary source; —not re-checked
Custody standard: Best interests of the child; the Family Court considers around 16 statutory factors, and joint or sole custody may be awarded to either or both parents.; Haw. Rev. Stat. § 571-46not re-checked
Any parenting-time presumption: No statutory presumption about equal time found; —

Every line above was read at the statute or the court and last checked on 31 August 2026. The full page, with each source linked, is at thecusp.app/what-to-expect-hawaii/

In Idaho

The court assigns the community property in such proportions as, from all the facts of the case and the condition of the parties, it deems just, but the statute itself directs that, unless there are compelling reasons otherwise, there shall be a substantially equal division in value (considering debts) between the spouses. Factors that may bear on the division include the duration of the marriage, any antenuptial agreement, each spouse’s age, health, occupation, income, vocational skills, employability and liabilities, the needs of each spouse, whether the apportionment is in lieu of or in addition to maintenance, present and potential earning capability, and retirement benefits.

Property division: community property; Idaho Code § 32-712(1)(a)-(b)
Residency requirement: The plaintiff must have been a resident of Idaho for six full weeks immediately preceding the filing of the action — a notably short requirement compared to most states.; Idaho Code § 32-701
Waiting period: No hearing on the merits may be held and no final decree entered until at least 21 days after the action is commenced and process is served; during that period (or any time before judgment) the court may order reconciliation conferences and, where there are minor children, may stay proceedings for up to 90 days if reconciliation appears practicable.; Idaho Code § 32-716 (as amended 2019, ch. 28)
The no-fault ground: Irreconcilable differences (§ 32-603(8)), defined in § 32-616 as grounds the court determines to be substantial reasons for not continuing the marriage. A separate no-fault ground exists where the spouses have lived separate and apart without cohabitation for five years or more (§ 32-610).; Idaho Code §§ 32-603, 32-610, 32-616
Filing fee: $207 to file a petition for divorce (with or without minor children), statewide; Idaho Rules of Civil Procedure, Appendix A — Civil Case Filing Fees (eff. July 12, 2024); Idaho Code § 31-3201A
Alimony: Called ‘maintenance’. The court may order it only if the spouse seeking it lacks sufficient property to provide for his or her reasonable needs and is unable to be self-supporting through employment; the order is then in such amounts and for such periods as the court deems just, after considering all relevant factors, which may include the financial resources of the spouse seeking maintenance, the time needed for education or training, the duration of the marriage, that spouse’s age and physical and emotional condition, the paying spouse’s ability to meet both spouses’ needs, tax consequences, and the fault of either party. No formula or duration cap is prescribed.; Idaho Code § 32-705(1)-(2)
Custody standard: Best interests of the child: in a divorce action the court may give such direction for the custody, care and education of the children as may seem necessary or proper in the best interests of the children, considering all relevant factors (§ 32-717).; Idaho Code §§ 32-717, 32-717B(4)-(5)
Any parenting-time presumption: Absent a preponderance of the evidence to the contrary, there is a statutory presumption that joint custody is in the best interests of a minor child (§ 32-717B(4)); conversely, joint custody is presumed not to be in the child’s best interests if a parent is found to be a habitual perpetrator of domestic violence (§ 32-717B(5)).; Idaho Code §§ 32-717, 32-717B(4)-(5)

Every line above was read at the statute or the court and last checked on 3 September 2026. The full page, with each source linked, is at thecusp.app/what-to-expect-idaho/

In Illinois

Illinois is not a community property state; the court classifies property as marital or non-marital and divides marital property equitably (fairly, not necessarily equally), making specific factual findings on classification and value.

Property division: equitable distribution; 750 ILCS 5/503
Residency requirement: 90 days of Illinois residency is required, either completed before filing or before the court’s finding on the grounds for dissolution.; 750 ILCS 5/401
Waiting period: No mandatory waiting period after filing. The only time-based rule is evidentiary: if the spouses have lived separate and apart for a continuous period of at least 6 months immediately before the judgment is entered, there is an irrebuttable presumption that irreconcilable differences exist; a shorter (or no) separation is permitted if the court otherwise finds irreconcilable differences.; 750 ILCS 5/401(a), (a-5)
The no-fault ground: Irreconcilable differences have caused the irretrievable breakdown of the marriage, and efforts at reconciliation have failed or would be impracticable and not in the family’s best interests. Illinois no longer recognizes any other grounds.; 750 ILCS 5/401
Filing fee: Set locally by the clerk, not statewide. Check your county; —
Alimony: Called ‘maintenance’. The court first decides whether maintenance is appropriate after weighing the § 504(a) factors (each party’s income, property and needs, present and future earning capacity, impairment from domestic duties, time needed for education or training, parental responsibilities, standard of living, duration of the marriage, age, health and occupation, tax consequences, contributions to the other’s career, any valid agreement, and other equitable factors). If maintenance is appropriate and the parties’ combined gross annual income is under $500,000 (with no prior support obligations), statutory guidelines apply: the amount is 33 1/3% of the payor’s net annual income minus 25% of the payee’s net annual income, capped so the payee does not receive more than 40% of the combined net income; the duration is the length of the marriage multiplied by a factor from .20 (under 5 years) rising in steps to .80 (19 years), and for a marriage of 20 or more years the court orders maintenance for a period equal to the length of the marriage or for an indefinite term.; 750 ILCS 5/504(a), (b-1)(1)(A)-(B)
Custody standard: Illinois allocates ‘parental responsibilities’ — decision-making responsibilities (750 ILCS 5/602.5) and parenting time (750 ILCS 5/602.7) — according to the child’s best interests, applying the statutory factors in each section.; 750 ILCS 5/602.5(a); 750 ILCS 5/602.7(a)-(b)
Any parenting-time presumption: No presumption of equal parenting time; the statute is silent on any 50/50 default, and § 602.5(a) states only that nothing in the Act requires that each parent be allocated decision-making responsibilities. The one express presumption is in § 602.7(b): both parents are presumed fit, and the court may not restrict parenting time unless it finds by a preponderance of the evidence that a parent’s exercise of parenting time would seriously endanger the child’s physical, mental, moral or emotional health.; 750 ILCS 5/602.5(a); 750 ILCS 5/602.7(a)-(b)

Every line above was read at the statute or the court and last checked on 3 September 2026. The full page, with each source linked, is at thecusp.app/what-to-expect-illinois/

In Indiana

Indiana courts start from a statutory presumption that an equal (50/50) division of marital property is just and reasonable; a party can rebut this presumption with evidence of relevant factors like contribution, acquisition, economic circumstances, and conduct affecting property disposition.

Property division: equitable distribution; Ind. Code § 31-15-7-5
Residency requirement: At least one spouse must have been a resident of Indiana for 6 months, and a resident of the filing county for 3 months, before filing.; Ind. Code § 31-15-2-6not re-checked
Waiting period: A minimum 60-day waiting period applies from the date the petition is filed before the dissolution decree can be finalized.; Ind. Code § 31-15-2-10not re-checked
The no-fault ground: Irretrievable breakdown of the marriage.; Ind. Code § 31-15-2-3not re-checked
Filing fee: Set locally by the clerk, not statewide. Check your county; —
Alimony: We could not confirm this at a primary source; —not re-checked
Custody standard: Best interests of the child, considering statutory factors (age/sex of the child, parents’ wishes, child’s wishes if of sufficient age, relationships with parents/siblings, adjustment to home/school/community, mental/physical health, and any history of domestic or family violence).; Ind. Code § 31-17-2-8not re-checked
Any parenting-time presumption: None — the statute explicitly states there is no presumption favoring either parent.; Ind. Code § 31-17-2-8

Every line above was read at the statute or the court and last checked on 31 August 2026. The full page, with each source linked, is at thecusp.app/what-to-expect-indiana/

In Iowa

Iowa courts divide all property of the parties (except inherited or gifted property to one spouse, subject to certain equity exceptions) equitably considering the length of the marriage, contribution of each party, and other statutory factors — not necessarily equally.

Property division: equitable distribution; Iowa Code § 598.21
Residency requirement: The petitioner must have been a resident of Iowa for the last year (counting only time actually in the state, and with the residence maintained in good faith and not merely to obtain a dissolution), unless the respondent is an Iowa resident and is served by personal service, in which case no durational residency is required of the petitioner.; Iowa Code § 598.5(1)(k)
Waiting period: A mandatory 90-day waiting period applies after the respondent is served (or appears) before the court may hold the final hearing.; Iowa Code § 598.19
The no-fault ground: There has been a breakdown of the marriage relationship to the extent that the legitimate objects of matrimony have been destroyed and there is no reasonable likelihood the marriage can be preserved. This is the sole ground.; Iowa Code § 598.17
Filing fee: $265 (statewide, set by statute; includes docketing of the decree); Iowa Code § 602.8105(1)(b)
Alimony: Called ‘spousal support’. On any judgment of dissolution the court may order support to either party for a limited or indefinite time after considering all of the § 598.21A(1) factors: length of the marriage; age and physical and emotional health; the property distribution; each party’s educational level at marriage and at commencement of the action; earning capacity (including skills, work experience, and time away from the job market for child care); the feasibility of the party seeking support becoming self-supporting at a standard of living reasonably comparable to that enjoyed during the marriage; tax consequences; any mutual agreement on financial or service contributions; any antenuptial agreement; and other relevant factors. No formula or duration cap is prescribed, and the statute does not label sub-types of support.; Iowa Code § 598.21A(1)
Custody standard: Best interest of the child. If either parent requests joint physical care, the court must consider it, and if it denies the request, the court must specifically explain why joint physical care would be unreasonable and not in the child’s best interest.; Iowa Code § 598.41
Any parenting-time presumption: No presumption that joint or shared physical care is the default outcome, but the court has an affirmative duty to explain any denial of a requested joint-physical-care arrangement.; Iowa Code § 598.41

Every line above was read at the statute or the court and last checked on 3 September 2026. The full page, with each source linked, is at thecusp.app/what-to-expect-iowa/

In Kansas

All property owned by either spouse — including property owned before the marriage or acquired by gift/inheritance — becomes ‘marital property’ subject to division upon filing; the court divides it in a ‘just and reasonable’ manner, not necessarily equally, considering age, duration of marriage, property owned, and other factors.

Property division: equitable distribution; Kan. Stat. §§ 23-2801, 23-2802
Residency requirement: The petitioner (or respondent) must be a resident of Kansas for 60 days before filing.; K.S.A. § 23-2703
Waiting period: A divorce action cannot be heard until 60 days after the petition is filed, unless the judge enters an order declaring that an emergency exists (stating its nature, the evidence and the witnesses), in which case the divorce may be heard immediately.; K.S.A. § 23-2708
The no-fault ground: Incompatibility.; K.S.A. § 23-2701
Filing fee: Set locally by the clerk, not statewide. Check your county; —
Alimony: Called ‘maintenance’. A divorce decree may award either party an allowance for future support in an amount the court finds to be fair, just and equitable under all of the circumstances; the statute lists no factors and no formula. Maintenance may be paid as a lump sum, in periodic payments, as a percentage of earnings or on any other basis, and the decree may make future payments modifiable or terminable under circumstances it prescribes.; K.S.A. 23-2902(a)-(c)
Custody standard: Kansas uses ‘legal custody, residency, and parenting time,’ with the child’s best interest presumed to be served by frequent and continuing contact with both parents, considering statutory factors.; K.S.A. § 23-3201not re-checked
Any parenting-time presumption: Best interest is statutorily presumed to be served by shared parental responsibility unless evidence establishes otherwise; not independently confirmed as a strict 50/50 time presumption.; K.S.A. § 23-3201

Every line above was read at the statute or the court and last checked on 31 August 2026. The full page, with each source linked, is at thecusp.app/what-to-expect-kansas/

In Kentucky

The court assigns each spouse’s separate (nonmarital) property to that spouse, then divides marital property in ‘just proportions’ considering each spouse’s contribution, the value of the nonmarital property set apart, the duration of the marriage, and the economic circumstances of each spouse.

Property division: equitable distribution; KRS § 403.190
Residency requirement: One of the parties must have resided in Kentucky (or been stationed there in the armed services) at the time the action was commenced, and that residence or military presence must have been maintained for 180 days immediately preceding the filing of the petition.; KRS 403.140(1)(a)
Waiting period: A decree may not be entered until the parties have lived apart for at least 60 days (which can include living under the same roof without sexual cohabitation).; KRS § 403.170
The no-fault ground: The marriage is irretrievably broken — the sole ground for dissolution in Kentucky.; KRS § 403.170
Filing fee: Set locally by the clerk, not statewide. Check your county; —
Alimony: Called ‘maintenance’. The court may grant it to either spouse only if it finds that the spouse seeking it lacks sufficient property (including the marital property apportioned to that spouse) to provide for his or her reasonable needs and is unable to be self-supporting through appropriate employment (or is the custodian of a child whose condition makes outside employment inappropriate). Amount and duration are then ‘such amounts and for such periods of time as the court deems just’, after considering all relevant factors including the § 403.200(2) factors: the financial resources of the party seeking maintenance, the time needed to acquire education or training, the standard of living established during the marriage, the duration of the marriage, the age and physical and emotional condition of the spouse seeking maintenance, and the paying spouse’s ability to meet his or her own needs while paying. No formula or duration cap is prescribed.; KRS 403.200(1)-(2)
Custody standard: Best interests of the child; a ‘de facto custodian’ (a non-parent who has been the child’s primary caregiver) has the same standing as a parent in custody proceedings.; KRS § 403.270
Any parenting-time presumption: A rebuttable presumption that joint custody and equally shared parenting time is in the child’s best interest — Kentucky was reportedly the first state to adopt a presumption of equal shared parenting time as its statutory default (2018 amendment).; KRS § 403.270

Every line above was read at the statute or the court and last checked on 3 September 2026. The full page, with each source linked, is at thecusp.app/what-to-expect-kentucky/

In Louisiana

Louisiana, following its civil-law tradition, is a true community property state: each spouse owns a present undivided one-half interest in community property (property acquired during the marriage), which is split accordingly at divorce, subject to the separate-property rules of the Civil Code.

Property division: community property; La. Civ. Code art. 2336
Residency requirement: No fixed durational residency requirement: Louisiana courts have jurisdiction over a divorce if, at the time of filing, one or both spouses are domiciled in Louisiana; a spouse who has maintained a residence in a parish for six months is rebuttably presumed to be domiciled there. The action must be brought in a parish where either party is domiciled or in the parish of the last matrimonial domicile, and that venue cannot be waived.; La. Code Civ. Proc. arts. 10(A)(7), 10(B); 3941
Waiting period: For a no-fault divorce the spouses must live separate and apart continuously for the ‘requisite period’ set by Civil Code art. 103.1: 180 days if there are no minor children of the marriage, or 365 days if there are minor children (measured at the time the art. 102 rule or art. 103 petition is filed). Under art. 102 the period runs after service (or written waiver of service) of the petition and must have elapsed before the rule to show cause is filed; under art. 103(1) the spouses must already have lived apart for that period on the date the petition is filed.; La. Civ. Code arts. 102, 103(1), 103.1
The no-fault ground: Living separate and apart continuously for the requisite period under art. 103.1 (180 days without minor children; 365 days with minor children) — either before filing (art. 103(1)) or after service of the petition (art. 102). Not available for a covenant marriage.; La. Civ. Code arts. 102, 103, 103.1
Filing fee: Set locally by the clerk, not statewide. Check your county; —
Alimony: Called ‘final periodic support’ (post-divorce spousal support). A spouse who was free from fault before the petition was filed and who is in need may be awarded it based on need and the other spouse’s ability to pay; a spouse granted a divorce on the adultery, felony, abuse or protective-order grounds of art. 103(2)-(5), or found to be a victim of domestic abuse, is presumed entitled to it. Amount and duration turn on all relevant factors in art. 112(B): each party’s income and means (including liquidity of assets), financial obligations including child support, earning capacity, the effect of child custody on earning capacity, time needed for education or training, health and age, duration of the marriage, tax consequences, and domestic abuse and its effects. The award may not exceed one-third of the obligor’s net income, except that in abuse-based cases it may exceed that cap and may be paid as a lump sum.; La. Civ. Code art. 112 (as amended by Acts 2018, No. 265)
Custody standard: Best interest of the child, with the court weighing all relevant factors, of which the Civil Code lists roughly 14 (potential for abuse, emotional ties, capacity to provide, stability, mental/physical health, willingness to facilitate a relationship with the other parent, etc.).; La. Civ. Code art. 134; art. 132
Any parenting-time presumption: There is a preference for joint custody as the default absent evidence it is not in the child’s best interest, though this is a general codal preference rather than a strict 50/50 timesharing formula.; La. Civ. Code art. 134; art. 132

Every line above was read at the statute or the court and last checked on 3 September 2026. The full page, with each source linked, is at thecusp.app/what-to-expect-louisiana/

In Maine

The court sets apart each spouse’s non-marital property and then equitably (not necessarily equally) divides marital property, considering each spouse’s contribution, the value of property set apart to each, and the economic circumstances of each spouse at the time of division.

Property division: equitable distribution; 19-A M.R.S. § 953
Residency requirement: A divorce complaint may be filed in Maine if any one of four conditions is met: (A) the plaintiff has resided in good faith in Maine for 6 months before the action is commenced; (B) the plaintiff is a Maine resident and the parties were married in Maine; (C) the plaintiff is a Maine resident and the parties resided in Maine when the cause of divorce accrued; or (D) the defendant is a Maine resident.; 19-A M.R.S. § 901(1)(A)-(D)
Waiting period: A divorce action is not in order for final hearing until at least 60 days after service of the summons and complaint on the defendant (Maine Rule of Civil Procedure 113, Family Division rules). The rule is a court rule, not a statute; Title 19-A contains no waiting period.; M.R. Civ. P. 113 (Time for Final Hearing)
The no-fault ground: Irreconcilable marital differences (§ 902(1)(H)).; 19-A M.R.S. § 902(1)(A)-(H), (J)
Filing fee: $120 to enter a family matter action (including a divorce complaint) in the District Court, statewide; Maine Judicial Branch Administrative Order JB-05-26 (Court Fees Schedule), § I.A.3.k, eff. March 9, 2026
Alimony: Called ‘spousal support’, in five statutory types: general, transitional, reimbursement, nominal and interim support. For general support there is a rebuttable presumption that it may not be awarded if the marriage lasted less than 10 years, and that for marriages of 10 to 20 years it may not run longer than one-half the length of the marriage (the court may depart from either presumption on findings that the result would be inequitable). The court weighs the § 951-A(5) factors: length of the marriage, ability to pay, age, employment and income history and potential, education and training, retirement and health-insurance provisions, tax consequences, health, contributions as homemaker and to the other’s education, economic misconduct and economic abuse, the marital standard of living, ability to become self-supporting, the effect of the property award and child support, and any other appropriate factor.; 19-A M.R.S. § 951-A(2), (5)
Custody standard: Maine calls the framework ‘parental rights and responsibilities’ rather than custody; the court decides based on the best interest of the child, considering the child’s safety and well-being as the primary and overriding consideration among statutory factors.; 19-A M.R.S. § 1653
Any parenting-time presumption: No statutory presumption about equal time found; —

Every line above was read at the statute or the court and last checked on 3 September 2026. The full page, with each source linked, is at thecusp.app/what-to-expect-maine/

In Maryland

After determining which property is marital property and its value, the court may (i) transfer ownership of an interest in specified property — a pension, retirement, profit-sharing or deferred-compensation plan; family-use personal property; or jointly owned real property used as the principal residence — (ii) grant a ‘monetary award’ to adjust the equities and rights of the parties in the marital property, or (iii) do both, whether or not alimony is awarded. The award is equitable, not automatically equal, and is set after weighing the § 8-205(b) factors (each party’s monetary and non-monetary contributions to the family’s well-being, the value of all property interests, economic circumstances, circumstances of the estrangement, duration of the marriage, ages, physical and mental condition, how and when property was acquired, contributions to real property, prior awards of alimony or use of family property, and any other factor).

Property division: equitable distribution; Md. Code, Fam. Law § 8-205(a)-(b)
Residency requirement: If the grounds for divorce occurred outside Maryland, a party may not apply for divorce unless one party has resided in the state for at least 6 months before filing; no separate residency requirement applies if the grounds arose within Maryland.; Md. Code, Family Law § 7-101
Waiting period: No statutory waiting period after filing. The only time-based requirement is the ‘6-month separation’ ground, which requires the parties to have lived separate and apart without interruption for 6 months before the application for divorce is filed (they are deemed separated even if living under the same roof or separated under a court order); the alternative grounds of irreconcilable differences and mutual consent carry no separation period.; Md. Code, Fam. Law § 7-103(a)-(b)
The no-fault ground: Maryland eliminated fault-based grounds effective October 1, 2023. The current no-fault grounds are: a 6-month separation (living separate and apart, with or without a written agreement, immediately before filing), irreconcilable differences, or mutual consent with a signed settlement agreement.; Md. Code, Family Law § 7-103
Filing fee: Set locally by the clerk, not statewide. Check your county; —
Alimony: Called ‘alimony’. The court determines the amount and period of the award after considering all factors necessary for a fair and equitable award under § 11-106(b): the recipient’s ability to be wholly or partly self-supporting, the time needed for education or training, the marital standard of living, duration of the marriage, each party’s monetary and non-monetary contributions, the circumstances of the estrangement, age, physical and mental condition, the payor’s ability to meet his or her own needs while paying, any agreement, each party’s financial needs and resources, and the effect on any institutional-care eligibility. Alimony is ordinarily for a fixed (rehabilitative) period; it may be indefinite only if the court finds that, due to age, illness, infirmity or disability, the recipient cannot reasonably be expected to make substantial progress toward self-support, or that even after such progress the parties’ standards of living will be unconscionably disparate. No formula is prescribed.; Md. Code, Fam. Law § 11-106(a)-(c)
Custody standard: Best interest of the child. Since October 1, 2025 (2025 Md. Laws ch. 483, HB 1191), Family Law § 9-201(a) lists sixteen factors the court ‘may consider’ in deciding legal and physical custody — beginning with the stability and foreseeable health and welfare of the child and ending with any other factor the court considers appropriate — and § 9-201(b) requires the court to articulate its findings on the record or in a written opinion, including its consideration of each listed factor and any other factor it considered. Evidence of abuse is governed separately by §§ 9-101, 9-101.1 and 9-101.2.; Md. Code, Fam. Law § 9-201 (added by 2025 Md. Laws ch. 483, eff. Oct. 1, 2025); §§ 9-101, 9-101.1, 9-101.2
Any parenting-time presumption: No statutory presumption about equal time found; —

Every line above was read at the statute or the court and last checked on 3 September 2026. The full page, with each source linked, is at thecusp.app/what-to-expect-maryland/

In Massachusetts

Massachusetts is not a community property state; courts equitably (fairly, not necessarily equally) divide the marital estate, and unusually, may assign property that either party owns — including property acquired before the marriage or via gift/inheritance — not just property acquired during the marriage.

Property division: equitable distribution; Mass. Gen. Laws ch. 208, § 34
Residency requirement: If the cause of the divorce occurred outside Massachusetts, the plaintiff must have lived in Massachusetts for the one year immediately preceding the commencement of the action. If the cause occurred within Massachusetts, it is enough that the plaintiff is domiciled in Massachusetts when the action is commenced. In either case no divorce may be granted if it appears the plaintiff moved into Massachusetts for the purpose of obtaining a divorce.; Mass. Gen. Laws ch. 208, § 5
Waiting period: Every divorce judgment is first a judgment nisi and becomes absolute only after 90 days (§ 21). In a joint no-fault (§ 1A) case the judgment nisi enters automatically 30 days after the court approves the parties’ separation agreement; in a unilateral no-fault (§ 1B) case the hearing may not be held earlier than six months after the complaint is filed and the court must find a continuing irretrievable breakdown from filing to the hearing.; Mass. Gen. Laws ch. 208, §§ 1A, 1B, 21
The no-fault ground: Irretrievable breakdown of the marriage, filed either jointly by both spouses with a separation agreement (§ 1A) or by one spouse alone (§ 1B).; Mass. Gen. Laws ch. 208, §§ 1, 1A, 1B, 2
Filing fee: $200 filing fee for a complaint for divorce plus a $15 surcharge, and $5 for each summons ($220 total for a typical complaint), statewide in the Probate and Family Court; Massachusetts Trial Court, Probate and Family Court filing fees (mass.gov official fee list)
Alimony: Called ‘alimony’ under the Alimony Reform Act (ch. 208, §§ 48-55), in four types: general term (for an economically dependent spouse), rehabilitative (until a predicted date of self-sufficiency), reimbursement and transitional (both only after marriages of not more than 5 years). The court weighs the § 53(a) factors — length of the marriage, age, health, income, employment and employability, economic and non-economic contributions, marital lifestyle and each party’s ability to maintain it, lost economic opportunity, and other relevant factors — and the amount should generally not exceed the recipient’s need or 30 to 35 per cent of the difference between the parties’ gross incomes (§ 53(b)). General term alimony is capped by § 49(b) at 50% of the number of months of a marriage of 5 years or less, 60% for up to 10 years, 70% for up to 15 years and 80% for up to 20 years; for marriages longer than 20 years it may be indefinite (§ 49(c)).; Mass. Gen. Laws ch. 208, §§ 48, 49(b)-(c), 53(a)-(b)
Custody standard: Best interests of the child; the court distinguishes ‘legal custody’ (decision-making) from ‘physical custody’ (residence/supervision), and either can be sole or shared.; Mass. Gen. Laws ch. 208, § 31
Any parenting-time presumption: No presumption that joint (shared) legal or physical custody is in a child’s best interest — each case is decided individually.; Mass. Gen. Laws ch. 208, § 31

Every line above was read at the statute or the court and last checked on 3 September 2026. The full page, with each source linked, is at thecusp.app/what-to-expect-massachusetts/

In Michigan

The court divides the marital estate — including property that ‘shall have come to either party by reason of the marriage’ — aiming for a fair (not necessarily exactly equal) result; Michigan Legal Help notes ‘fair’ usually lands near half, but judges retain discretion to deviate.

Property division: equitable distribution; MCL § 552.19
Residency requirement: One spouse must have resided in Michigan for 180 days immediately before filing the complaint (and in the county of filing for a shorter period, per county rules).; MCL § 552.9not re-checked
Waiting period: No statutory post-filing waiting period found; —not re-checked
The no-fault ground: There has been a breakdown of the marriage relationship to the extent that the objects of matrimony have been destroyed and there remains no reasonable likelihood that the marriage can be preserved. This is the sole statutory ground.; MCL § 552.6
Filing fee: Set locally by the clerk, not statewide. Check your county; —not re-checked
Alimony: We could not confirm this at a primary source; —
Custody standard: Best interests of the child, evaluated using 12 statutory factors (love/affection/emotional ties, capacity to provide, permanence of the home, moral fitness, mental/physical health, home/school/community record, child’s reasonable preference if of sufficient age, and more).; MCL § 722.23
Any parenting-time presumption: No blanket presumption of joint or equal custody; joint custody must be considered whenever either parent requests it, evaluated against the same 12 best-interest factors.; MCL § 722.23

Every line above was read at the statute or the court and last checked on 31 August 2026. The full page, with each source linked, is at thecusp.app/what-to-expect-michigan/

In Minnesota

The court makes a ‘just and equitable’ division of all marital property, without regard to marital misconduct, considering factors including the length of the marriage, prior marriages, contributions to the marriage (including as homemaker), and each party’s occupation, income, and needs.

Property division: equitable distribution; Minn. Stat. § 518.58
Residency requirement: One spouse must have resided in Minnesota, or been a member of the armed forces stationed there, for 180 days immediately before filing.; Minn. Stat. § 518.07
Waiting period: No statutory post-filing waiting period found; —
The no-fault ground: There has been an irretrievable breakdown of the marriage relationship — the sole ground; Minnesota is a pure no-fault state with no fault-based grounds such as adultery or cruelty.; Minn. Stat. § 518.06
Filing fee: $390 (statewide base fee: $340 base + $50 other) for a dissolution of marriage with or without children; counties may add a law library fee (e.g., Hennepin County lists $402).; Minn. Stat. § 357.021, subd. 2(1); §§ 134A.09, 134A.10; § 518.005, subd. 6 (Minnesota Judicial Branch District Court Fees)
Alimony: Called ‘maintenance’ (Minn. Stat. § 518.552). The court may award it only if the seeking spouse lacks sufficient property to meet reasonable needs given the marital standard of living, or cannot be self-supporting through appropriate employment (or is caring for a child whose condition makes outside work inappropriate); amount and duration are set on eight factors (financial resources, time needed for education/training, marital standard of living, length of marriage, age and health, payor’s ability to pay, contributions to the other’s career, retirement needs). Awards are ‘transitional’ or ‘indefinite’, with rebuttable presumptions by marriage length: under 5 years, no maintenance; 5 to under 20 years, transitional maintenance lasting no longer than one-half the length of the marriage; 20 years or more, indefinite maintenance.; Minn. Stat. § 518.552, subds. 1-3 (as amended 2024 c 101 art 2)
Custody standard: Best interests of the child, evaluated against roughly 12-13 statutory factors covering the child’s needs, each parent’s ability to meet them, and any history of domestic abuse.; Minn. Stat. § 518.17
Any parenting-time presumption: A rebuttable presumption that joint LEGAL custody is in the child’s best interest when either party requests it, unless domestic abuse is present (in which case there’s a presumption AGAINST joint legal or physical custody). There is no presumption for or against joint PHYSICAL custody.; Minn. Stat. § 518.17

Every line above was read at the statute or the court and last checked on 3 September 2026. The full page, with each source linked, is at thecusp.app/what-to-expect-minnesota/

In Mississippi

Mississippi has no property-division statute; equitable distribution is entirely a product of case law, principally Ferguson v. Ferguson (Miss. 1994), which set out eight factors chancery courts must weigh (contribution to acquisition, expenditure/waste of assets, market/emotional value of assets, tax consequences, needs of the parties, and others) to divide marital property fairly, not necessarily equally.

Property division: equitable distribution; Ferguson v. Ferguson, 639 So. 2d 921 (Miss. 1994)
Residency requirement: One party must have been an actual bona fide resident of Mississippi for six months next preceding the commencement of the suit. A service member stationed in Mississippi and residing there with his or her spouse counts as a bona fide resident if the couple was living in the state when they separated. A residence acquired for the purpose of securing a divorce does not confer jurisdiction.; Miss. Code § 93-5-5
Waiting period: A divorce on the ground of irreconcilable differences must have the complaint on file for 60 days before the chancery court can grant it.; Miss. Code § 93-5-2
The no-fault ground: Irreconcilable differences — granted only on the joint complaint of both spouses, or on one spouse’s complaint where the other spouse was personally served or waived process and does not contest or deny it; the statute bars an irreconcilable-differences divorce wherever there has been a contest or denial (unless withdrawn), so one spouse cannot obtain a no-fault divorce over the other’s objection.; Miss. Code §§ 93-5-1, 93-5-2
Filing fee: Set locally by the clerk, not statewide. Check your county; —not re-checked
Alimony: Called ‘alimony’. Miss. Code 93-5-23 gives the chancery court discretion, ‘having regard to the circumstances of the parties and the nature of the case, as may seem equitable and just,’ to order maintenance and alimony for either spouse and to require bond or other security for payment; the statute sets no factor list, formula, duration rule or cap (the detailed factors come from case law, not the code).; Miss. Code § 93-5-23
Custody standard: Best interests of the child; the statute directs custody to be awarded ‘according to the best interests of the child’ and Mississippi courts apply the case-law ‘Albright factors’ (Albright v. Albright) in weighing it.; Miss. Code § 93-5-24(1), (7); Albright v. Albright, 437 So. 2d 1003 (Miss. 1983)
Any parenting-time presumption: By statute there is no presumption that it is in a child’s best interest for the mother to be awarded legal or physical custody; the statute does not create any presumption for or against either parent.; Miss. Code § 93-5-24(1), (7); Albright v. Albright, 437 So. 2d 1003 (Miss. 1983)

Every line above was read at the statute or the court and last checked on 31 August 2026. The full page, with each source linked, is at thecusp.app/what-to-expect-mississippi/

In Missouri

The court sets apart each spouse’s nonmarital property, then divides the marital property and marital debts ‘in such proportions as the court deems just’ after considering all relevant factors (economic circumstances, contribution to acquisition including as homemaker, value of nonmarital property, conduct during the marriage, custodial arrangements). Division need not be equal; Missouri applies equitable distribution, not community property.

Property division: equitable distribution; Mo. Rev. Stat. § 452.330.1
Residency requirement: One spouse must have resided in Missouri, or been stationed there as a member of the armed services, for 90 days before filing the petition.; Mo. Rev. Stat. § 452.305
Waiting period: A dissolution judgment may not be entered until 30 days have elapsed from the date the petition was filed.; Mo. Rev. Stat. § 452.305
The no-fault ground: The marriage is irretrievably broken, with no reasonable likelihood it can be preserved — the sole statutory ground; Missouri is a pure no-fault dissolution state.; Mo. Rev. Stat. § 452.305
Filing fee: Set locally by the clerk, not statewide. Check your county; —
Alimony: Called ‘maintenance’ (Mo. Rev. Stat. § 452.335). The court may grant it only if the seeking spouse lacks sufficient property (including marital property apportioned to them) to provide for reasonable needs and is unable to be self-supporting through appropriate employment or is the custodian of a child whose condition makes outside employment inappropriate. Amount and duration are set on ten factors (financial resources, time needed for education/training, comparative earning capacity, marital standard of living, obligations and assets, length of marriage, age and physical/emotional condition, payor’s ability to pay, conduct during the marriage, other relevant factors). No formula or cap; the order must state whether it is modifiable or nonmodifiable and may include a termination date.; Mo. Rev. Stat. § 452.335.1-.3
Custody standard: Best interest of the child; the statute expresses a public policy that children have frequent, continuing, and meaningful contact with both parents, and that joint physical and legal custody be shared to assure such contact when it’s in the child’s best interest.; Mo. Rev. Stat. § 452.375
Any parenting-time presumption: Following a 2023 revision, Missouri law recognizes a presumption that approximately equal (50/50) parenting time is in the best interests of the child.; Mo. Rev. Stat. § 452.375

Every line above was read at the statute or the court and last checked on 3 September 2026. The full page, with each source linked, is at thecusp.app/what-to-expect-missouri/

In Montana

Courts equitably apportion all property belonging to either or both spouses, however and whenever acquired, considering duration of marriage, age/health/needs, vocational skills, opportunities for future income, and contributions as homemaker; not necessarily a 50/50 split.

Property division: equitable distribution; Mont. Code Ann. § 40-4-202
Residency requirement: One spouse must be domiciled in Montana (or stationed there in the military) for 90 days preceding filing; Mont. Code Ann. § 40-4-104(1)(a)
Waiting period: A decree may not be entered until 21 days after the date of service of the petition (the responding party has 21 days to file a verified response). If one spouse denies the marriage is irretrievably broken, the court may continue the matter for a further hearing not fewer than 30 nor more than 60 days later (and may suggest counseling) before finding whether the marriage is irretrievably broken. Separately, the breakdown finding may rest on 180 days’ separation or on serious marital discord.; Mont. Code Ann. § 40-4-105(3); § 40-4-107(2); see § 40-4-104(1)(b)
The no-fault ground: Irretrievable breakdown, shown by 180+ days living separate and apart, or evidence of serious marital discord adversely affecting one or both parties’ attitude toward the marriage; Mont. Code Ann. § 40-4-104(1)(b)
Filing fee: $170; —
Alimony: Court may grant maintenance only if the spouse seeking it lacks sufficient property to provide for reasonable needs and is unable to support themselves through appropriate employment.; Mont. Code Ann. § 40-4-203
Custody standard: Best interest of the child, considering all relevant parenting factors; Mont. Code Ann. § 40-4-212
Any parenting-time presumption: No statutory presumption about equal time found; —

Every line above was read at the statute or the court and last checked on 3 September 2026. The full page, with each source linked, is at thecusp.app/what-to-expect-montana/

In Nebraska

When a dissolution is decreed the court may order a division of property ‘as may be reasonable’, having regard for the circumstances of the parties, the duration of the marriage, each party’s history of contributions to the marriage (including care and education of children and interrupted careers or education), and the supported party’s ability to work without interfering with minor children’s interests. The statute states that ‘the purpose of a property division is to distribute the marital assets equitably between the parties.’ (The classify-value-divide three-step sequence often described comes from Nebraska case law, not the statute.)

Property division: equitable distribution; Neb. Rev. Stat. § 42-365
Residency requirement: One spouse must have lived in Nebraska for at least one year before filing the petition; Neb. Rev. Stat. § 42-349
Waiting period: No suit for divorce may be heard or tried until 60 days after perfection of service of process, at which time the suit may be heard and a decree entered; the rule contains no exception for uncontested cases.; Neb. Rev. Stat. § 42-363
The no-fault ground: The marriage is irretrievably broken (sole ground); Neb. Rev. Stat. § 42-361
Filing fee: Set locally by the clerk, not statewide. Check your county; —
Alimony: Purpose is to provide continued maintenance of a spouse to the extent needed, considering duration of the marriage, each party’s contributions, and ability to pay.; Neb. Rev. Stat. § 42-365
Custody standard: Best interests of the child, as defined in the Parenting Act; Neb. Rev. Stat. § 42-364
Any parenting-time presumption: No statutory presumption about equal time found; —

Every line above was read at the statute or the court and last checked on 3 September 2026. The full page, with each source linked, is at thecusp.app/what-to-expect-nebraska/

In Nevada

Property acquired during marriage is community property; at divorce the court must generally make an equal disposition of community property absent a compelling reason to do otherwise.

Property division: community property; Nev. Rev. Stat. § 123.220; § 125.150(1)(b)
Residency requirement: One spouse resident in Nevada for 6 weeks immediately before filing; Nev. Rev. Stat. § 125.020
Waiting period: No statutory post-filing waiting period found; —
The no-fault ground: Incompatibility; or the spouses having lived separate and apart without cohabitation for 1 year (decree in the court’s discretion at the suit of either party).; Nev. Rev. Stat. § 125.010
Filing fee: Set locally by the clerk, not statewide. Check your county; —
Alimony: Court may award alimony as appears just and equitable, with broad discretion.; Nev. Rev. Stat. § 125.150
Custody standard: Best interest of the child; Nev. Rev. Stat. § 125C.0025
Any parenting-time presumption: Statutory preference for joint physical custody; Nev. Rev. Stat. § 125C.0025

Every line above was read at the statute or the court and last checked on 3 September 2026. The full page, with each source linked, is at thecusp.app/what-to-expect-nevada/

In New Hampshire

The court may order an equitable division of all property belonging to either or both spouses, regardless of whose name it is in or when it was acquired. The statute presumes that an equal (50/50) division is equitable unless the court finds, after considering listed factors (length of marriage, age/health/earning capacity, contributions, fault, premarital or gifted/inherited property, etc.), that an equal division would not be appropriate.

Property division: equitable distribution; RSA 458:16-a, II
Residency requirement: Jurisdiction exists if (I) both parties are domiciled in NH when the action commences (no minimum time), or (II) plaintiff is domiciled in NH and defendant is served in-state, or (III) plaintiff has been domiciled in NH for 1 year preceding filing; RSA 458:5
Waiting period: No statutory post-filing waiting period found; —
The no-fault ground: Irreconcilable differences which have caused the irremediable breakdown of the marriage, decreed irrespective of fault; RSA 458:7-a
Filing fee: $250 (no minor children) / $252 (with minor children); NH Circuit Court Filing Fees schedule, Family Division, ‘Original Entry of All Marital Matters’ (eff. 12/28/2021)
Alimony: Called ‘alimony’ (term alimony, plus reimbursement alimony). Term alimony requires that the payee lack sufficient income/property for reasonable needs (considering the marital lifestyle) and that the payor can meet their own needs while paying; the amount is the lesser of the payee’s reasonable need or 23 percent of the difference between the parties’ gross incomes, and the maximum duration is 50 percent of the length of the marriage unless the parties agree otherwise or justice requires an adjustment.; RSA 458:19-a
Custody standard: Best interest of the child, with 13 statutory factors; RSA 461-A:6
Any parenting-time presumption: As of a 2024 amendment effective Jan. 1, 2025, if the court concludes approximately equal parenting time is not in the child’s best interest, it must make findings supporting that conclusion — effectively a presumption toward equal parenting time; RSA 461-A:6

Every line above was read at the statute or the court and last checked on 3 September 2026. The full page, with each source linked, is at thecusp.app/what-to-expect-new-hampshire/

In New Jersey

Marital property is divided equitably (not automatically equally) considering statutory factors such as duration of marriage, age, health, and contributions of each spouse.

Property division: equitable distribution; N.J.S.A. 2A:34-23.1
Residency requirement: One party must be a bona fide New Jersey resident for 12 consecutive months immediately before filing (no residency requirement if the ground alleged is adultery); N.J.S.A. 2A:34-10
Waiting period: The no-fault ground itself requires the irreconcilable differences to have existed for at least 6 months before filing (a lookback period baked into the grounds, not a separate post-filing wait); N.J.S.A. 2A:34-2(i)
The no-fault ground: Irreconcilable differences experienced for at least six months that are a reason the marriage should be dissolved; OR separation – the spouses have lived apart for at least 18 months.; N.J.S.A. 2A:34-2
Filing fee: $300 to file the complaint (plaintiff); $175 for the defendant’s filing; plus a $25 Parenting Workshop fee per parent when custody or parenting time is sought; New Jersey Courts, Self-Help: Divorce (filing fees)
Alimony: Called ‘alimony’. The court may award one or more of four types – open durational, rehabilitative, limited duration or reimbursement alimony – after considering 14 statutory factors beginning with the actual need and ability of the parties to pay and ending with any other factor the court deems relevant; for marriages under 20 years the total duration of alimony may not, except in exceptional circumstances, exceed the length of the marriage.; N.J.S.A. 2A:34-23(b)-(c)
Custody standard: Best interest of the child, with 14 statutory factors; N.J.S.A. 9:2-4(c)not re-checked
Any parenting-time presumption: No statutory presumption about equal time found; —

Every line above was read at the statute or the court and last checked on 31 August 2026. The full page, with each source linked, is at thecusp.app/what-to-expect-new-jersey/

In New Mexico

Community property is property acquired by either or both spouses during marriage that is not separate property; the court has broad authority to divide property in a dissolution proceeding.

Property division: community property; NMSA 1978 § 40-3-8; § 40-4-7
Residency requirement: At least one spouse must have resided in New Mexico for at least 6 months immediately before the petition is filed and must have a domicile in New Mexico.; NMSA 1978 § 40-4-5
Waiting period: No statutory post-filing waiting period found; —
The no-fault ground: Incompatibility — either spouse may obtain a divorce on this ground regardless of fault by either, both, or neither party; NMSA 1978 § 40-4-1(A)
Filing fee: $137 (district court filing fee for new domestic relations cases, including dissolution of marriage); New Mexico district court fee schedules (First and Thirteenth Judicial District Courts list ‘Domestic Relations Cases $137.00’); statewide self-help page directs filers to confirm with the local district court
Alimony: Called ‘spousal support’. Under NMSA 1978 § 40-4-7(B)(2) the court may award rehabilitative support (tied to a plan), transitional support for a limited time, indefinite-duration support, or a lump sum with or without contingencies, in an amount that is reasonable and just. Under § 40-4-7(E) the court considers the spouses’ age, health and means of support, current and future earnings and earning capacity, good-faith efforts to maintain employment or become self-supporting, reasonable needs, duration of the marriage, property awarded, liabilities, income-producing assets, and any agreements made in contemplation of dissolution. No duration formula or cap.; NMSA 1978 § 40-4-7(B)(2), (E)
Custody standard: Best interest of the child; NMSA 1978 § 40-4-9.1(A)
Any parenting-time presumption: Explicit statutory presumption that joint custody is in the child’s best interest in an initial custody determination; NMSA 1978 § 40-4-9.1(A)

Every line above was read at the statute or the court and last checked on 3 September 2026. The full page, with each source linked, is at thecusp.app/what-to-expect-new-mexico/

In New York

Marital property is distributed equitably between the parties considering the circumstances of the case and the respective parties.

Property division: equitable distribution; N.Y. Dom. Rel. Law § 236(B)(5)
Residency requirement: One of several alternative tests, most commonly: continuous NY residence for 1 year before filing if the parties married in NY, resided in NY as spouses, or the grounds occurred in NY; or continuous NY residence for 2 years regardless of other connection to the state; N.Y. Dom. Rel. Law § 230
Waiting period: No statutory post-filing waiting period found; —
The no-fault ground: The relationship has broken down irretrievably for a period of at least six months, as stated under oath by one party (DRL 170(7)); or the spouses have lived apart for six months or more under a decree or judgment of separation (170(5)) or under a written, acknowledged separation agreement that has been filed (170(6)), with proof the plaintiff substantially performed its terms.; N.Y. Dom. Rel. Law § 170(1)-(7)
Filing fee: Minimum $335 in court fees for an uncontested divorce: $210 index number fee to commence the action plus $125 note of issue fee; $45 per motion if any motions are made; $8 per certified copy of the judgment.; New York State Unified Court System, ‘How do I file for an uncontested divorce and how much does it cost?’
Alimony: Called ‘maintenance’ (temporary and post-divorce) under DRL § 236(B)(5-a) and (6). For post-divorce maintenance the court must calculate a guideline amount by statutory formula applied to income up to a payor income cap of $184,000 (adjusted every two years to CPI-U from March 1, 2020), and may deviate only on finding the guideline amount unjust or inappropriate after considering enumerated factors (age and health, earning capacity, education/training needs, domestic violence, caregiving, tax consequences, marital standard of living, contributions, equitable distribution, etc.). Duration follows an advisory schedule by length of marriage: 0-15 years, 15%-30% of the marriage length; 15-20 years, 30%-40%; over 20 years, 35%-50%.; N.Y. Dom. Rel. Law § 236(B)(6)(b)-(f)
Custody standard: Best interest of the child (case-law standard governed through proceedings under DRL § 240); N.Y. Dom. Rel. Law § 240
Any parenting-time presumption: No statutory presumption about equal time found; —

Every line above was read at the statute or the court and last checked on 3 September 2026. The full page, with each source linked, is at thecusp.app/what-to-expect-new-york/

In North Carolina

Court determines marital and divisible property and provides for an equitable distribution between the parties.

Property division: equitable distribution; N.C. Gen. Stat. § 50-20
Residency requirement: At least one party resident of North Carolina for 6 months immediately preceding filing; N.C. Gen. Stat. § 50-8
Waiting period: Spouses must have lived separate and apart for one year before an absolute divorce may be granted on the separation ground; isolated incidents of sexual intercourse do not toll the period. There is no separate post-filing waiting period. (A second, rarely used ground requires three consecutive years of separation by reason of one spouse’s incurable insanity.); N.C. Gen. Stat. § 50-6; see § 50-5.1
The no-fault ground: One year’s separation (living separate and apart for one year, with one party resident in North Carolina for six months) – the ground used in virtually all cases.; N.C. Gen. Stat. § 50-6; § 50-5.1
Filing fee: $225 (statewide): $150 district court civil filing cost ($130 General Court of Justice fee + $16 facilities fee, plus legal aid account share) plus a $75 additional fee for filing for absolute divorce, per the Judicial Branch civil court costs chart effective January 1, 2026.; N.C. Gen. Stat. § 7A-305(a)(1), (a)(2), (a2); NC Judicial Branch Civil Court Costs chart (eff. Jan. 1, 2026)
Alimony: Called ‘alimony’ (with pre-judgment ‘postseparation support’). The court awards alimony to a ‘dependent spouse’ from a ‘supporting spouse’ when equitable after considering all relevant factors; marital fault matters at the threshold: a dependent spouse who engaged in illicit sexual behavior before separation is barred, while a supporting spouse’s illicit sexual behavior mandates an award. Amount, duration and manner of payment are in the court’s discretion based on 16 factors (marital misconduct, relative earnings and earning capacities, ages and health, income sources, length of marriage, contributions to the other’s education, custody of children, standard of living, education needs, assets and debts, property brought to the marriage, homemaker contributions, relative needs, tax consequences, other economic factors, and assets already valued in equitable distribution). No formula or cap.; N.C. Gen. Stat. § 50-16.3A(a)-(b)
Custody standard: Best interest and welfare of the child; N.C. Gen. Stat. § 50-13.2
Any parenting-time presumption: No statutory presumption about equal time found; —

Every line above was read at the statute or the court and last checked on 3 September 2026. The full page, with each source linked, is at thecusp.app/what-to-expect-north-carolina/

In North Dakota

Upon divorce, the court makes an equitable distribution of the property and debts of the parties.

Property division: equitable distribution; N.D. Cent. Code § 14-05-24
Residency requirement: The plaintiff (the filing spouse) must in good faith have been a resident of North Dakota for the six months immediately preceding commencement of the action; alternatively, a divorce may be granted if the plaintiff has in good faith been a resident for the six months immediately preceding entry of the decree.; N.D. Cent. Code § 14-05-17
Waiting period: No statutory post-filing waiting period found; —
The no-fault ground: Irreconcilable differences; N.D. Cent. Code § 14-05-03
Filing fee: $160 (statewide district court fee for filing a petition for divorce, annulment, or separation); North Dakota Court Fee Schedule, effective July 1, 2025 (North Dakota Court System)
Alimony: Called ‘spousal support’ (N.D. Cent. Code § 14-05-24.1). Permanent spousal support may not be awarded; the court may order support for a limited period on finding the recipient lacks sufficient property or income for reasonable needs measured by the marital standard of living and the payor can pay without undue hardship, considering the parties’ ages, earning ability, health, length of marriage, conduct during the marriage, financial circumstances, property and station in life. Awards are ‘rehabilitative’ (to restore economic independence) or ‘general term’ (where rehabilitation is not possible), or lump-sum. Duration is capped as a percentage of the length of the marriage: under 5 years up to 50%; 5-10 years up to 60%; 10-15 years up to 70%; 15-20 years up to 80%; 20+ years as agreed or for a limited time set by the court. Support ends on remarriage, death, one year’s marriage-like cohabitation, or (rebuttably) the payor reaching full retirement age.; N.D. Cent. Code § 14-05-24.1(1)-(5)
Custody standard: Best interests and welfare of the child, with statutory factors; N.D. Cent. Code § 14-09-06.2
Any parenting-time presumption: No statutory presumption about equal time found; —

Every line above was read at the statute or the court and last checked on 3 September 2026. The full page, with each source linked, is at thecusp.app/what-to-expect-north-dakota/

In Ohio

If an equal division of marital property would be inequitable, the court divides it equitably between the spouses considering statutory factors.

Property division: equitable distribution; Ohio Rev. Code § 3105.171
Residency requirement: Plaintiff must have been a resident of Ohio for at least 6 months immediately before filing; Ohio Rev. Code § 3105.03
Waiting period: No statutory post-filing waiting period found; —
The no-fault ground: Incompatibility, unless denied by either party (3105.01(K)); or, on the application of either party, the spouses having lived separate and apart without cohabitation and without interruption for one year (3105.01(J)).; Ohio Rev. Code § 3105.01(A)-(K)
Filing fee: Set locally by the clerk, not statewide. Check your county; —
Alimony: Called ‘spousal support’ (Ohio Rev. Code § 3105.18), defined as payments for sustenance and support, excluding property division. The court may award reasonable spousal support when ‘appropriate and reasonable’ after considering the statutory factors in (C)(1)(a)-(n): income from all sources, relative earning abilities, ages and health, retirement benefits, duration of the marriage, custodial responsibilities, marital standard of living, education, assets and liabilities, contributions to the other’s education or earning ability, time and expense for training, tax consequences, lost income capacity from marital responsibilities, and any other relevant factor. It may be paid in property or money, in gross or by installments; there is no statutory formula or duration cap, and it terminates on either party’s death unless the order provides otherwise.; Ohio Rev. Code § 3105.18(A)-(C)
Custody standard: Best interest of the child, gender-neutral by statute; Ohio Rev. Code § 3109.04
Any parenting-time presumption: No statutory presumption about equal time found; —

Every line above was read at the statute or the court and last checked on 3 September 2026. The full page, with each source linked, is at thecusp.app/what-to-expect-ohio/

In Oklahoma

Separate property owned before marriage is set aside to its owner; jointly acquired property is divided as the court deems just and equitable.

Property division: equitable distribution; 43 Okla. Stat. § 121
Residency requirement: Petitioner or respondent must have been an actual resident, in good faith, of Oklahoma for 6 months immediately preceding filing; 43 Okla. Stat. § 102
Waiting period: Where minor children are involved, the court may not issue a final divorce order for at least 90 days from the date the petition is filed; the 90 days may be waived by the court for good cause shown and without objection by either party, and the rule does not apply to divorces on certain grounds (e.g., abandonment, extreme cruelty, habitual drunkenness, felony imprisonment, insanity). No 90-day rule applies where there are no minor children.; 43 Okla. Stat. § 107.1(A)
The no-fault ground: Incompatibility (where minor children are involved, the parties must attend an educational program).; 43 Okla. Stat. § 101(1)-(12)
Filing fee: $183 statutory flat fee for actions for divorce (also alimony without divorce, separate maintenance, custody or support); the statute states the flat fee is the only charge for court costs except as otherwise specifically provided by law, so additional statutory assessments may be added by the clerk.; 28 Okla. Stat. § 152(A)(1)
Alimony: We could not confirm this at a primary source; —not re-checked
Custody standard: When in the best interests of the child, custody is awarded in a way that assures the child’s frequent and continuing contact with both parents; 43 Okla. Stat. § 112not re-checked
Any parenting-time presumption: No statutory presumption about equal time found; —

Every line above was read at the statute or the court and last checked on 31 August 2026. The full page, with each source linked, is at thecusp.app/what-to-expect-oklahoma/

In Oregon

Court provisions of the dissolution judgment include a just and equitable division of marital property.

Property division: equitable distribution; Or. Rev. Stat. § 107.105
Residency requirement: At least one spouse must be a resident of or domiciled in Oregon at the time the suit is commenced and continuously for the six months before filing. The only exception is narrow: if the marriage was solemnized in Oregon and either party is a resident or domiciliary when the suit is filed, the suit may proceed without the six months only where the ground alleged is one of the void/voidable-marriage (annulment) grounds in ORS 106.020 or 107.015 – not for an ordinary dissolution on irreconcilable differences.; Or. Rev. Stat. § 107.075(1)-(2)
Waiting period: No statutory post-filing waiting period found; —
The no-fault ground: Irreconcilable differences between the parties which have caused the irremediable breakdown of the marriage; Or. Rev. Stat. § 107.025; § 107.036 (doctrines of fault abolished)
Filing fee: $301 (statewide circuit court fee for a petition for dissolution of marriage, annulment, or separation; the respondent pays the same $301 on first appearance); Or. Rev. Stat. § 21.155(1); Oregon Judicial Department Circuit Court Fee Schedule (eff. Jan. 1, 2026)
Alimony: Called ‘spousal support’ (Or. Rev. Stat. § 107.105(1)(d)), in three statutory forms: (A) transitional spousal support, as needed for a party to obtain education and training to re-enter or advance in the job market; (B) compensatory spousal support, where one party made a significant financial or other contribution to the other’s education, training, career or earning capacity; and (C) spousal maintenance, a contribution by one spouse to the other’s support for a specified or indefinite period. Each form has its own factor list (length of the marriage, ages, health, standard of living, relative income and earning capacity, training and employment skills, financial needs, tax consequences, custodial responsibilities, and for compensatory support the amount, duration and nature of the contribution). There is no formula or duration cap.; Or. Rev. Stat. § 107.105(1)(d)(A)-(C)
Custody standard: Primary consideration given to the best interests and welfare of the child, with at least six statutory factors; no preference in custody may be given to one parent over the other based solely on gender; Or. Rev. Stat. § 107.137
Any parenting-time presumption: No statutory presumption about equal time found; —

Every line above was read at the statute or the court and last checked on 3 September 2026. The full page, with each source linked, is at thecusp.app/what-to-expect-oregon/

In Pennsylvania

Marital property and debts are divided between spouses equitably, not automatically equally.

Property division: equitable distribution; 23 Pa. Cons. Stat. § 3502
Residency requirement: At least one spouse must be a bona fide resident of Pennsylvania for the 6 months immediately before filing; 23 Pa. Cons. Stat. § 3104(b)not re-checked
Waiting period: For a mutual-consent divorce under 23 Pa.C.S. § 3301(c)(1), both spouses’ consent affidavits cannot be filed until 90 days have elapsed; the Pennsylvania courts’ self-help guidance counts the 90 days from the date the complaint is served on the defendant (day of service is day 1), not from the date of filing.; 23 Pa.C.S. § 3301(c)(1); Pa.R.Civ.P. 1920.42 (as described in the UJS ‘Divorce Procedure’ guide)
The no-fault ground: Mutual consent after a 90-day period (§ 3301(c)(1)), or consent presumed where the other spouse has been convicted of a personal injury crime against the filing spouse (§ 3301(c)(2)), OR living separate and apart for at least ONE year with the marriage irretrievably broken (§ 3301(d)) — available without the other spouse’s consent; the two-year period applies only to separations that began before December 5, 2016.; 23 Pa.C.S. § 3301
Filing fee: Set locally by the clerk, not statewide. Check your county; —
Alimony: We could not confirm this at a primary source; —not re-checked
Custody standard: Best interest of the child considering all relevant statutory factors; no party may receive preference based on gender; 23 Pa. Cons. Stat. § 5328(a)not re-checked
Any parenting-time presumption: No statutory presumption about equal time found; —

Every line above was read at the statute or the court and last checked on 31 August 2026. The full page, with each source linked, is at thecusp.app/what-to-expect-pennsylvania/

In Rhode Island

The court may assign to either spouse a portion of the estate of the other, considering statutory factors.

Property division: equitable distribution; R.I. Gen. Laws § 15-5-16.1
Residency requirement: At least one spouse domiciled/resident of Rhode Island for one year (12 months) immediately before filing; R.I. Gen. Laws § 15-5-12
Waiting period: No divorce judgment becomes final and operative until three months after the trial and decision; the final judgment is entered after that three-month period (the Family Court’s Guide and File page repeats that the Final Judgment form cannot be filed until three months after the decision date). There is no statutory minimum period between filing and hearing; § 15-5-14 leaves hearing times to court rule.; R.I. Gen. Laws § 15-5-23
The no-fault ground: Irreconcilable differences which have caused the irremediable breakdown of the marriage, decreed irrespective of the fault of either party (§ 15-5-3.1); separately, the parties having lived separate and apart for at least three years, whether voluntarily or involuntarily (§ 15-5-3).; R.I. Gen. Laws §§ 15-5-2, 15-5-3, 15-5-3.1
Filing fee: Set locally by the clerk, not statewide. Check your county; —
Alimony: Called ‘alimony’. The Family Court may order either party to pay alimony (and/or counsel fees), considering the length of the marriage, the conduct of the parties during the marriage, each party’s health, age, station, occupation, amount and sources of income, vocational skills and employability, and each party’s liabilities and needs; the statute states alimony is designed to support a spouse for a reasonable length of time so the recipient can become financially independent and self-sufficient (rehabilitative in purpose), with no fixed duration formula or cap.; R.I. Gen. Laws § 15-5-16(a)-(b)
Custody standard: Best interest of the child; R.I. Gen. Laws § 15-5-16
Any parenting-time presumption: No statutory presumption about equal time found; —

Every line above was read at the statute or the court and last checked on 3 September 2026. The full page, with each source linked, is at thecusp.app/what-to-expect-rhode-island/

In South Carolina

Court makes a final equitable apportionment of the parties’ marital property upon request in the pleadings.

Property division: equitable distribution; S.C. Code § 20-3-620
Residency requirement: If both spouses reside in SC, filing spouse needs only 3 months of state residency; if only one spouse resides in SC, at least one year is required; S.C. Code § 20-3-30
Waiting period: No final decree may be granted before 3 months after the complaint is filed (and no reference/hearing before 2 months); exception: on the grounds of desertion or one-year separation, the hearing may be held and decree issued as soon as responsive pleadings are filed or the respondent is in default; S.C. Code § 20-3-80
The no-fault ground: Husband and wife have lived separate and apart without cohabitation for a period of one year; S.C. Code § 20-3-10
Filing fee: $150 statewide ($100 clerk filing fee under § 8-21-310(C)(1) plus $50 additional fee under § 14-1-204(A)) for filing a first complaint in a court of record, which includes Family Court; S.C. Code § 8-21-310(C)(1); § 14-1-204(A)
Alimony: Called ‘alimony’. Court may award periodic, lump-sum, rehabilitative, reimbursement, separate maintenance and support, or any other form of spousal support, after weighing 13 statutory factors including duration of marriage and ages, health, education, employment history and earning potential, standard of living, income and expenses, property, custody, marital misconduct affecting finances or causing the breakup, tax consequences and prior support obligations; no duration formula or dollar cap in statute.; S.C. Code § 20-3-130
Custody standard: Best interest of the child, with a non-exhaustive list of 17 statutory factors; S.C. Code § 63-15-240(B)
Any parenting-time presumption: No statutory presumption about equal time found; —

Every line above was read at the statute or the court and last checked on 3 September 2026. The full page, with each source linked, is at thecusp.app/what-to-expect-south-carolina/

In South Dakota

Court may make an equitable division of property belonging to either or both spouses regardless of whose name is on the title, having regard for equity and the circumstances of the parties.

Property division: equitable distribution; SDCL § 25-4-44
Residency requirement: Plaintiff must be a resident of South Dakota (or stationed there in the armed services) AT THE TIME the action is commenced — no minimum duration of residence is required, and the plaintiff need not maintain that residence afterward to get the decree; SDCL § 25-4-30not re-checked
Waiting period: A divorce cannot be finalized until at least 60 days have elapsed from the date the summons and complaint are served on the defendant (the day of service is not counted); temporary orders may be made during the waiting period.; SDCL § 25-4-34
The no-fault ground: Irreconcilable differences; SDCL § 25-4-2
Filing fee: $97 total to file a divorce in circuit court ($50 filing fee + $40 court automation surcharge + $7 law library fee), statewide; South Dakota Unified Judicial System, Guide to Filing Fees and Court Costs – Civil Filings (effective July 1, 2026)
Alimony: We could not confirm this at a primary source; —not re-checked
Custody standard: Court guided by consideration of the child’s best interests as to temporal, mental, and moral welfare; a sufficiently mature child’s preference may be considered; SDCL § 25-4-45
Any parenting-time presumption: As between parents adversely claiming custody, neither parent may be given preference over the other; SDCL § 25-4-45

Every line above was read at the statute or the court and last checked on 31 August 2026. The full page, with each source linked, is at thecusp.app/what-to-expect-south-dakota/

In Tennessee

Court may equitably divide, distribute, or assign the marital property, with debts ordered paid from marital property before distribution to the parties.

Property division: equitable distribution; Tenn. Code Ann. § 36-4-121
Residency requirement: At least one spouse resided in Tennessee for 6 months immediately before filing (exception when grounds arose in TN); Tenn. Code Ann. § 36-4-104
Waiting period: For the irreconcilable-differences ground, a mandatory wait of 60 days after filing (no minor children) or 90 days after filing (with minor children) before the divorce may be finalized; Tenn. Code Ann. § 36-4-101
The no-fault ground: Irreconcilable differences; Tenn. Code Ann. § 36-4-101not re-checked
Filing fee: Set locally by the clerk, not statewide. Check your county; —
Alimony: We could not confirm this at a primary source; —not re-checked
Custody standard: Best interest of the child, with statutory factors (commonly described as ~17); court orders custody to permit both parents maximum participation, gender-neutral by statute; Tenn. Code Ann. § 36-6-106not re-checked
Any parenting-time presumption: No statutory presumption about equal time found; —

Every line above was read at the statute or the court and last checked on 31 August 2026. The full page, with each source linked, is at thecusp.app/what-to-expect-tennessee/

In Texas

In a divorce decree, the court shall order a division of the marital estate in a manner the court deems ‘just and right,’ having due regard for the rights of each party — not automatically an even 50/50 split.

Property division: community property; Tex. Fam. Code § 7.001
Residency requirement: At least one spouse domiciled in Texas for the preceding 6 months, and a resident of the filing county for the preceding 90 days; Tex. Fam. Code § 6.301
Waiting period: Court may not grant a divorce before the 60th day after the petition was filed; Tex. Fam. Code § 6.702(a)
The no-fault ground: Insupportability — the marriage has become insupportable because of discord or conflict of personalities that destroys the legitimate ends of the marital relationship and prevents any reasonable expectation of reconciliation; Tex. Fam. Code § 6.001
Filing fee: Set locally by the clerk, not statewide. Check your county; —
Alimony: Called ‘spousal maintenance’ (Tex. Fam. Code ch. 8). A court may order it only if the seeking spouse will lack sufficient property (including separate property) to provide for minimum reasonable needs AND either (a) the other spouse was convicted of or received deferred adjudication for family violence against the spouse or the spouse’s child within two years before filing or while the suit is pending, or (b) the marriage lasted 10 years or longer and the seeking spouse cannot earn sufficient income for minimum reasonable needs, or (c) the seeking spouse has an incapacitating disability, or is custodian of a child of the marriage with a disability requiring substantial care. Duration is capped at 5 years (marriages under 10 years with family violence, or 10-20 years), 7 years (20-30 years) or 10 years (30+ years), and the monthly amount may not exceed the lesser of $5,000 or 20 percent of the obligor’s average monthly gross income.; Tex. Fam. Code §§ 8.051, 8.054(a)(1), 8.055(a)
Custody standard: (Texas calls this ‘conservatorship’) best interest of the child; Tex. Fam. Code § 153.131
Any parenting-time presumption: Rebuttable presumption that appointing both parents as joint managing conservators is in the child’s best interest (concerns joint legal decision-making, not necessarily equal physical time); Tex. Fam. Code § 153.131

Every line above was read at the statute or the court and last checked on 3 September 2026. The full page, with each source linked, is at thecusp.app/what-to-expect-texas/

In Utah

Divorce decree resolves property, debts and obligations between the parties with equitable orders; ‘equitable’ means fair, not necessarily an even split.

Property division: equitable distribution; Utah Code § 81-4-406
Residency requirement: The petitioner or the petitioner’s spouse must be an actual and bona fide resident of the county where the petition is filed for at least 90 days before the day the petition is filed (alternatives: a service member stationed under military orders in Utah for at least 90 days, or both spouses consenting to personal jurisdiction under § 81-2-303(5)(a)(ii)).; Utah Code § 81-4-402(1)(a)-(c)
Waiting period: Court may not enter a decree of divorce until 30 days after the petition is filed, absent extraordinary circumstances justifying a waiver; Utah Code § 81-4-402
The no-fault ground: Irreconcilable differences of the marriage; or the parties having lived separately under a decree of separate maintenance for three consecutive years without cohabitation.; Utah Code § 81-4-405(1)(a)-(j)
Filing fee: $350 to file a petition for divorce (statewide); $130 for a counter petition; $100 for a petition to modify a divorce decree; Utah Code § 78A-2-301(1)(b)(iv), (1)(d)(iv), (1)(q); Utah State Courts filing fee schedule
Alimony: Called ‘alimony’ (Utah Code § 81-4-502). The court must consider the financial condition and needs of the payee, the payee’s earning capacity, the payor’s ability to pay, the length of the marriage, custody of children, and contributions to the other’s skill or education, and generally looks to the standard of living existing at the time of separation; fault may be considered in deciding whether to award alimony. Duration may not exceed the length of the marriage unless the court finds extenuating circumstances or good cause; alimony terminates automatically on the payee’s remarriage or death (and on cohabitation per statute). Modification is governed by § 81-4-504.; Utah Code § 81-4-502
Custody standard: Best interests of the child, gender-neutral; Utah Code § 81-9-205
Any parenting-time presumption: Rebuttable presumption that joint LEGAL custody (shared decision-making authority) is in the child’s best interest; Utah Code § 81-9-205

Every line above was read at the statute or the court and last checked on 3 September 2026. The full page, with each source linked, is at thecusp.app/what-to-expect-utah/

In Vermont

Title to property (whether in the name of either, both, or a nominee) is immaterial for purposes of equitable distribution.

Property division: equitable distribution; 15 V.S.A. § 751
Residency requirement: A complaint may be filed if either spouse has resided in Vermont for six months or more, but no divorce may be decreed unless the plaintiff or defendant has resided in Vermont for one year immediately preceding the date of the final hearing; temporary absences for illness, out-of-state employment, military service or other bona fide cause do not break either period. (Non-residents may file in limited cases under § 592(b) where the marriage was established in Vermont, neither home state will grant a divorce, there are no minor children, and the parties file a joint stipulation.); 15 V.S.A. § 592(a)-(b)
Waiting period: No pre-filing or post-filing wait is imposed beyond the residency rules, but a divorce decree is first entered as a decree nisi and becomes absolute only 90 days after entry (the court may in its discretion fix an earlier date). The six-month living-apart no-fault ground (§ 551(7)) also functions as a separation period.; 15 V.S.A. § 554
The no-fault ground: The spouses have lived apart for six consecutive months and the court finds that resumption of marital relations is not reasonably probable (§ 551(7)).; 15 V.S.A. § 551(1)-(7)
Filing fee: $295 to file for divorce, annulment, dissolution of civil union or legal separation without a stipulation; $90 when filed with a stipulation and at least one party is a Vermont resident; $180 with a stipulation where neither party is a resident.; 32 V.S.A. § 1431(b)(2); Vermont Judiciary Family Division fee table
Alimony: Called ‘maintenance’ (15 V.S.A. § 752). The court may order it if the seeking spouse lacks sufficient income or property (including property apportioned under § 751) to meet reasonable needs and is unable to be self-supporting through appropriate employment at the marital standard of living or is the custodian of a child. Amount and duration are ‘as the court deems just’ after considering all relevant factors: financial resources, time needed for education/training, marital standard of living, length of the marriage, age and health, the payor’s ability to pay, inflation, retirement eligibility, and statutory guidelines by length of marriage (§ 752(b)(9)): under 5 years, 0-16% of the income difference for up to 1 year or none; 5-10 years, 12-29% for 20-50% of the marriage length; 10-15 years, 16-33% for 40-60%; 15-20 years, 20-37% for 40-70%; 20+ years, 24-41% for 45% of the marriage length up to 20+ years.; 15 V.S.A. § 752(a)-(b)
Custody standard: (Vermont calls this ‘parental rights and responsibilities’) court guided by the best interests of the child, considering several enumerated statutory factors including the child’s relationship with each parent; 15 V.S.A. § 665
Any parenting-time presumption: No statutory presumption about equal time found; —

Every line above was read at the statute or the court and last checked on 3 September 2026. The full page, with each source linked, is at thecusp.app/what-to-expect-vermont/

In Virginia

Court classifies property as separate, marital, or part-marital, then divides only the marital share after weighing statutory factors.

Property division: equitable distribution; Va. Code § 20-107.3
Residency requirement: No suit for divorce is maintainable unless one party has been an actual bona fide resident of Virginia for at least 6 months preceding filing; Va. Code § 20-97
Waiting period: No statutory post-filing waiting period found; —
The no-fault ground: Living separate and apart without any cohabitation and without interruption for one year (reducible to 6 months if no minor children and a signed separation/property settlement agreement exists); Va. Code § 20-91
Filing fee: $60 statewide clerk’s fee to file a divorce suit (includes $10 for the Courts Technology Fund and a certified copy of the final decree); statutory add-ons collected at filing (state writ tax, technology trust fund, legal aid fee, and locally-set law library and courthouse fees) raise the total paid to roughly $88 per the Office of the Executive Secretary’s Circuit Court Fee Schedule (rev. 07/26), so the exact total varies by locality; Va. Code § 17.1-275(A)(26)
Alimony: Called ‘spousal support’ (‘maintenance and support of spouses’, Va. Code § 20-107.1). The court may award it as periodic payments for a defined or undefined duration, a lump sum, or any combination, after considering the circumstances and factors that contributed to the dissolution (including adultery and other fault grounds) and thirteen factors: the parties’ obligations, needs and financial resources; marital standard of living; duration of the marriage; age and health; whether a custodial parent should work outside the home; monetary and nonmonetary contributions; property interests; equitable distribution provisions; earning capacity; opportunity to acquire education and training; career and parenting decisions made during the marriage; contributions to the other’s education or career; and tax consequences. No formula or cap; but no permanent support may be awarded to a spouse against whom the other has an adultery ground under § 20-91(A)(1) unless denial would be a manifest injustice on clear and convincing evidence.; Va. Code § 20-107.1(B), (C), (E)
Custody standard: Court gives primary consideration to the best interests of the child; may award joint legal, joint physical, or sole custody; Va. Code § 20-124.2
Any parenting-time presumption: There shall be no presumption in favor of any form of custody, and no presumption or inference of law favoring either parent; Va. Code § 20-124.2

Every line above was read at the statute or the court and last checked on 3 September 2026. The full page, with each source linked, is at thecusp.app/what-to-expect-virginia/

In Washington

Court disposes of all property and liabilities, community or separate, without regard to misconduct, as appears just and equitable after considering all relevant factors — not automatically 50/50.

Property division: community property; RCW 26.09.080
Residency requirement: No minimum durational residency period is required — a party need only BE a Washington resident (or armed-forces member stationed there, or married in WA) at the time the petition is filed; RCW 26.09.030
Waiting period: Mandatory 90-day waiting period after filing before a divorce may be finalized; RCW 26.09.030
The no-fault ground: The marriage or domestic partnership is irretrievably broken; RCW 26.09.030
Filing fee: $250 statutory base for filing a dissolution petition ($200 clerk’s fee for the first document in a civil action plus a $50 surcharge); county-level surcharges may raise the total, so check the county clerk; RCW 36.18.020(2)(a), (6)
Alimony: Called ‘maintenance’. Either spouse or domestic partner may be ordered to pay maintenance; the court weighs six statutory factors covering the parties’ financial resources and earning ability, the standard of living during the marriage, the duration of the marriage, and the requesting party’s age and health; no duration formula or dollar cap in statute.; RCW 26.09.090
Custody standard: (Washington uses ‘parenting plan’/’residential schedule’) statutory criteria for a permanent parenting plan focus on the best interests of the child; RCW 26.09.187
Any parenting-time presumption: No statutory presumption about equal time found; —

Every line above was read at the statute or the court and last checked on 3 September 2026. The full page, with each source linked, is at thecusp.app/what-to-expect-washington/

In West Virginia

The statute’s starting point is textually an equal division: the court shall divide marital property equally between the parties, subject to deviation after considering statutory factors.

Property division: equitable distribution; W. Va. Code § 48-7-101
Residency requirement: If the marriage took place in West Virginia, one party need only be an actual bona fide resident of the state when the action is filed (no minimum period); if the marriage took place elsewhere, one party must have been a WV resident continuously for the one year immediately preceding filing; W. Va. Code § 48-5-105(a)
Waiting period: No statutory post-filing waiting period found; —
The no-fault ground: Irreconcilable differences, but only where both spouses agree — the complaint must allege irreconcilable differences AND the other spouse must file an answer admitting them (a mutual-consent ground); alternatively, living separate and apart continuously for one year (available even without the other spouse’s agreement); W. Va. Code §§ 48-5-201 to 48-5-209
Filing fee: $135 statewide (circuit clerk fee for instituting an action for divorce, separate maintenance or annulment); W. Va. Code § 59-1-11(a)(3)
Alimony: Called ‘spousal support’. Four classes: permanent, temporary (pendente lite), rehabilitative, and spousal support in gross; the court weighs 20 statutory factors including length of marriage and cohabitation, each party’s income and earning ability, the property distribution, age and health, education, foregone opportunities, standard of living, tax consequences and financial need; no duration formula or dollar cap in statute, and support cannot be ordered unless the parties are actually living separate and apart.; W. Va. Code § 48-8-101; § 48-6-301
Custody standard: (West Virginia calls this ‘allocation of custodial responsibility’) best interest of the child is the primary objective; unless the parents agree otherwise or it would be harmful to the child, the court must allocate custodial time equally (50-50); the court’s order must be in writing with specific findings of fact and conclusions of law; W. Va. Code § 48-9-102a; § 48-9-206(a), (d); § 48-9-102
Any parenting-time presumption: Rebuttable presumption (by a preponderance of the evidence) that equal (50-50) custodial allocation is in the child’s best interest; if rebutted, the court must build a schedule that maximizes each parent’s time consistent with the child’s welfare; W. Va. Code § 48-9-102a; § 48-9-206(a), (d); § 48-9-102

Every line above was read at the statute or the court and last checked on 3 September 2026. The full page, with each source linked, is at thecusp.app/what-to-expect-west-virginia/

In Wisconsin

Wisconsin implements a community-property-style regime through its Marital Property Act; at divorce, the court presumes that all marital property is to be divided equally between the parties, though it may deviate after considering statutory factors.

Property division: community property; Wis. Stat. § 766.31; § 767.61
Residency requirement: For divorce, a party must have been a resident of Wisconsin for at least 6 months, and of the county of filing for at least 30 days, immediately before the action is filed (legal separation needs only 30 days in the state); Wis. Stat. § 767.301
Waiting period: Mandatory 120-day waiting period after the action is commenced before the court may hold the final hearing or trial; Wis. Stat. § 767.335
The no-fault ground: Irretrievable breakdown of the marriage; Wis. Stat. § 767.315
Filing fee: $184.50 statewide for a divorce or legal separation with no request for support or maintenance ($75 filing fee plus statutory surcharges); $194.50 where child support or maintenance is requested; Wis. Stat. § 814.61(1)(b), (13); § 767.405
Alimony: Called ‘maintenance’. The court may order maintenance to either party for a limited or indefinite time after considering ten statutory factors: length of marriage, age and health, the property division, educational levels, the earning capacity of the party seeking maintenance, the feasibility of becoming self-supporting at a comparable standard of living, tax consequences, any agreement between the parties, contributions to the other’s earning power, and other relevant factors; no duration formula or dollar cap in statute.; Wis. Stat. § 767.56(1c)
Custody standard: Court considers all facts relevant to the best interest of the child, with statutory factors (commonly described as up to 16); Wis. Stat. § 767.41
Any parenting-time presumption: Statutory presumption that joint legal custody is in the best interests of the child; Wis. Stat. § 767.41

Every line above was read at the statute or the court and last checked on 3 September 2026. The full page, with each source linked, is at thecusp.app/what-to-expect-wisconsin/

In Wyoming

In granting a divorce, the court shall make such disposition of the property of the parties as appears just and equitable.

Property division: equitable distribution; Wyo. Stat. § 20-2-114
Residency requirement: At least one spouse resided in Wyoming for at least 60 days immediately before filing; Wyo. Stat. § 20-2-107
Waiting period: A divorce decree may not be entered less than 20 days after the complaint is filed; Wyo. Stat. § 20-2-108
The no-fault ground: Irreconcilable differences in the marital relationship (§ 20-2-104). The only other ground is a spouse’s incurable insanity with at least two years’ confinement in a mental hospital immediately before filing (§ 20-2-105) — not a fault ground.; Wyo. Stat. §§ 20-2-104, 20-2-105
Filing fee: $160 statewide district-court filing fee for commencing a civil action (divorce has no separate fee); the $40 court-automation and $10 indigent-legal-services amounts are components of the $160, not add-ons; Wyo. Stat. § 5-3-206(a)(i)
Alimony: Called ‘alimony’. The court may award either party reasonable alimony out of the other’s estate having regard for the other’s ability to pay, including assigning real estate or its rents for life or decreeing a specific sum; the statute lists no factors, duration formula or cap.; Wyo. Stat. § 20-2-114(a)
Custody standard: Best interests of the child, considering statutory factors (commonly described as 10), including the quality of the relationship each child has with each parent and each parent’s ability to meet the child’s needs; Wyo. Stat. § 20-2-201
Any parenting-time presumption: No statutory presumption about equal time found; —

Every line above was read at the statute or the court and last checked on 3 September 2026. The full page, with each source linked, is at thecusp.app/what-to-expect-wyoming/

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