Divorce Requirements & Eligibility
Uncontested divorce is available in all 50 states when both spouses agree on the terms. Here is what you need to have ready before you start.
You Must Meet a Residency Requirement
To file for divorce, at least one spouse must meet the residency requirement for the state where you file, usually a minimum number of months living in that state (and sometimes the county). We confirm the requirement for your state before filing.
Not sure which state you qualify to file in? Answer the questionnaire and we'll help you determine where you can file. See your state's page for specific residency and waiting-period rules.
Uncontested vs. Contested Divorce
Uncontested Divorce
Both spouses agree on all terms, including property, debts, support, and any children. This is the fastest, most affordable path, and what SimpleDivorce prepares.
Contested Divorce
Spouses disagree on one or more terms and need a court to decide, which requires litigation. SimpleDivorce does not handle contested cases, but our attorney referral service can connect you with a lawyer.
Information & Document Standards
- Provide accurate legal names for both spouses, exactly as they appear on ID
- Have your marriage date and place of marriage ready
- Know the terms you've agreed on: property, debts, and (if any) support and custody
- Upload a clear, legible government-issued photo ID for identity verification
We will contact you if anything is missing or unclear before we prepare your documents.
How You Receive Your Documents
Every completed case includes your signed, court-ready divorce documents. Choose how you'd like to receive them, and whether we file them with the court for you.
Documents We Commonly Prepare
Not sure which forms your state requires? Start your case and we'll prepare the correct paperwork during review.
"Highly recommended! They answered all my questions promptly, prepared my divorce forms fast, and my case was filed the same week. Thank you again!"
ML
Not sure about your requirements?
Contact us and we'll confirm whether you qualify for an uncontested divorce in your state, no obligation.
Ready to Start?
We review every questionnaire before preparing your documents. Start your divorce today.
The information provided on this page is for general informational purposes only and does not constitute legal advice. Divorce requirements vary by state, county, and case type. For formal legal advice, consult a qualified attorney.