States That Are Easiest To Get Divorced In

The States That Are Easiest To Get Divorced In

Divorce is never easy, but it may be a positive or negative experience depending on where you live. That’s because rules, processing timelines, and prices vary greatly from state to state, and the difference might result in thousands of dollars lost or saved. Yet, your key decisions will be affected by the circumstances of your situation, such as whether you have children, if you have property to divide, and whether or not you want to seek spousal support. Let’s look at the top states to get divorced more easily, based on low filing fees and quick processing timeframes.

The Top 5 Best States to Divorce:

1. New Mexico

No doubt, the divorce process is easiest in New Mexico. It is one of the ten cheapest states for filing costs and ranks first or second in terms of the lowest average attorney fees. It is also one of eight states having a 30-day or less waiting time before a judge may sign off on your divorce. If no minor children are involved and your partner agrees to waive the waiting period, your dissolution can be finalized on the same day it is filed. 

  • The minimum filing fee is $135-$155.
  • An average legal charge is $6,000.
  • Waiting period: 0 to 30 days

2. Montana

Montana received the nickname ‘The Treasure State’ because of its gold and silver riches. But it might just as well have gotten it because it allows you to keep more of your money throughout separation proceedings. Montana is the only state with dissolution attorney costs as low as New Mexico. Although, it does not take the first position due to slightly higher filing fees. Montana enables couples to petition for divorce without a cooling-off period.

  • Minimum filing fee: $200 to $245
  • An average legal charge is $6,000
  • The minimum waiting period is 20 days

3. Mississippi

Mississippi‘s basic dissolution filing fee is the lowest in the US, while certain counties charge extra. Mississippi ranks among the ten cheapest states in the United States in terms of typical separation attorney expenses. The cooling-off period is comparable to the national average. Mississippi is one of three states that need both parties’ approval to disclose information concerning irreconcilable differences. All other no-fault states need only one party to petition for irreconcilable differences. 

  • Minimum filing fee: $52 to $120
  • The average legal price is $8,000
  • The minimum waiting period is 60 days

4. South Dakota

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South Dakota has some of the lowest filing fees and attorney costs in the country. It is also below average in terms of the time required to conclude your divorce. South Dakota is one of three states (along with Alaska and Washington) that have no residence requirement for filing for divorce. Technically, you can relocate to South Dakota and file for separation on the same day.

  • Minimum filing fee: $95.
  • The average legal price is $8,000.
  • The minimum waiting period is 60 days.

5. Nevada

It’s perhaps no surprise that the state with the simplest marriage license application process is also one of the simplest to get a divorce in. Nevada is not the cheapest state to file your papers, but if you and your spouse have agreed to an uncontested separation, it is one of the quickest to finish the process. It can usually occur within 1-3 weeks. It has a 6-week minimum residence requirement before filing for divorce, which is one of the lowest requirements in the country. 

  • The minimum filing fee is $300-$350
  • Average legal fees are $10,000
  • The minimum waiting period is 7 days

To Summarize

Residency requirements for divorce vary by state. Some states have additional criteria beyond residence that you should be aware of before filing for dissolution. Make sure you understand the rules of the state in which you will file for divorce. Regardless of any waiting time or other criteria, the more organized you are, the sooner you may conclude your separation.

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