What is the cheapest state to get divorced in?

Asked by: Davonte Kassulke  |  Last update: February 18, 2026
Score: 4.4/5 (66 votes)

The cheapest states for divorce often include Montana, New Mexico, North Dakota, Kansas, and South Dakota, with costs varying significantly based on attorney fees, court filing fees, and complexity (children, property), but generally low-cost options often involve simple, uncontested cases with minimal legal help, sometimes just paying court fees in states like North Dakota or Wyoming for basic filing.

What is the cheapest state to get a divorce in?

Many western states have low divorce costs, and the cheapest state for divorce is Wyoming. Coming in at about one third of the national average of $215, the filing fee for divorce in Wyoming is only $70. Additionally, hiring a divorce attorney in the state is significantly cheaper compared to many other states.

Why is moving out the biggest mistake in a divorce?

Moving out during a divorce is often called a mistake because it can harm your financial standing (paying two households), weaken your position in child custody (appearing less involved), and complicate asset division by creating an "abandonment" perception, making courts favor the spouse who stayed, though it's not always a mistake, especially in cases of domestic violence where safety is paramount. Staying in the home, even in separate rooms, preserves the status quo, keeps you present for kids, and maintains your connection to the property until formal agreements are made.
 

What is the 10 10 10 rule for divorce?

The "10/10 Rule" in military divorce determines if a former spouse receives direct payments from the military pension, requiring at least 10 years of marriage that overlap with 10 years of the service member's creditable military service. If this rule is met, the Defense Finance and Accounting Service (DFAS) sends the court-ordered portion directly to the ex-spouse; if not, the service member pays the ex-spouse directly, though the court can still award a share of the pension. This rule affects how payments are made, not the eligibility for pension division itself, which is decided by state law. 

What is the easiest state to get divorced in?

Seventeen states in the US are considered “no-fault states” for divorce. These no-fault divorce states are Wisconsin, Oregon, Washington, Nevada, Nebraska, Montana, Missouri, Minnesota, Michigan, Kentucky, Kansas, Iowa, Indiana, Hawaii, Florida, Colorado, and California.

The Step-By-Step Guide To Get Divorced FAST

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What states allow immediate divorce?

Alaska, South Dakota, and Washington have no minimum residency requirement and you can file for divorce in those states immediately upon moving there. In Idaho and Nevada, the spouse seeking the divorce need only live there for six weeks before filing.

What is the biggest mistake during a divorce?

The biggest mistake during a divorce often involves letting emotions drive decisions, leading to poor financial choices, using children as weapons, failing to plan for the future, or getting bogged down in petty fights that escalate costs and conflict, ultimately hurting all parties involved, especially the kids. Key errors include not getting legal/financial advice, fighting over small assets, exaggerating claims, and neglecting your own well-being. 

Who loses more financially in a divorce?

Statistically, women generally lose more financially in a divorce, experiencing sharper drops in household income, higher poverty risk, and increased struggles with housing and childcare, often due to historical gender pay gaps and taking on more childcare roles; however, the financially dependent spouse (often the lower-earning partner) bears the biggest burden, regardless of gender, facing challenges rebuilding independence after career breaks, while men also see a significant drop in living standards, but usually recover better.
 

How long do you have to be split up to get a divorce?

The time you need to be separated before divorce varies significantly by state, with some states requiring specific periods (like a year in NC, 90 days in CO, or longer in others) for separation to be grounds for divorce, while others don't mandate separation at all but have mandatory cooling-off periods before finalizing. Many states offer "conversion divorce," allowing a legal separation to turn into a divorce after a set time, often 6-12 months, but some states don't require separation at all before filing. 

Can my wife get half my social security in a divorce?

Yes, an ex-wife can get up to half (50%) of her ex-husband's Social Security benefit if they were married for at least 10 years, she's unmarried and at least 62, and her own benefit is less than what she'd get from his record, with payments not affecting his or current spouse's benefits. She receives the higher of her own benefit or the spousal benefit, up to 50% of the ex's full retirement amount, and if he dies, she could get 100% (a survivor benefit). 

What are the four behaviors that cause 90% of all divorces?

The four behaviors that predict divorce with over 90% certainty, known as the "Four Horsemen," are Criticism, Contempt, Defensiveness, and Stonewalling, identified by relationship researcher John Gottman; these toxic communication patterns erode a marriage by destroying trust and connection, with contempt being the most damaging. 

What to do financially before a divorce?

To financially prepare for divorce, gather and copy all financial documents, create a realistic post-divorce budget, build emergency savings (3-6 months of expenses), open your own accounts, monitor your credit, and consult with financial and legal professionals like a CDFA or attorney to understand your state's laws and your entitlements, while avoiding large joint purchases or hiding assets. 

Who regrets most after divorce?

While surveys vary, some suggest men regret divorce more, but regret is common for both genders, often tied to who initiated it, financial strain (especially for women), or failing to try harder in the marriage; the person who ended the marriage often experiences regret, regardless of gender, feeling they should have done more to save it. Key factors influencing regret include financial impact (often harder on women), the specific reasons for divorce (e.g., infidelity vs. incompatibility), and the level of personal adaptation post-divorce. 

What's the cheapest way to do a divorce?

The cheapest way to get a divorce is through an uncontested, DIY (Do-It-Yourself) divorce, where you and your spouse agree on all terms (assets, debts, kids) beforehand and handle the paperwork yourselves or use low-cost online services, saving thousands on lawyer fees. Mediation is the next best option, using a neutral third party to reach agreements if direct negotiation is tough, while pro bono or limited-scope legal help offers affordable attorney assistance for complex parts. 

Which states are trying to end no-fault divorce?

As of early 2025, no-fault divorce remains legal in all 50 states; however, lawmakers in several states, including Louisiana, Oklahoma, and Texas, have introduced or are actively discussing legislative proposals that could restrict or eliminate the practice.

What are the 3 C's of divorce?

The "3 Cs of Divorce" generally refer to Communication, Cooperation, and Compromise, principles that help divorcing couples, especially those with children, navigate the process more smoothly by focusing on respectful dialogue, working together for shared goals (like children's welfare), and making concessions for equitable outcomes, reducing conflict and costs. Some variations substitute Custody or Civility for one of the Cs, emphasizing child-focused decisions or maintaining politeness.
 

What are the 5 stages of divorce?

The 5 stages of divorce are the same as the stages of grief: Denial, Anger, Bargaining, Depression, and Acceptance (DABDA), representing the emotional journey of losing a marriage, not necessarily a linear checklist, as people often revisit stages or experience them out of order, starting before or after the divorce and continuing long after. Understanding these stages helps navigate the emotional upheaval of shock, pain, and eventual healing as you move toward a new normal.
 

What are the benefits of a silent divorce?

It shouldn't be a secret forever.

“That doesn't necessarily mean they're a bad idea: In the short term, a silent divorce can help with grieving, transitioning, and supporting each other through the process,” he says. Emphasis on short term. “Ending a relationship is hard,” Lundquist continues.

Is sleeping in separate rooms considered separation?

Legal Separation Laws in California

For instance, under this law, the following situations may be decided as follows: If a couple discusses breaking up and decides to do so, then moves into separate rooms and stops sharing a bed and finances, they will likely be seen as separated.

What assets are untouchable in divorce?

Assets generally not split in a divorce are separate property, including assets owned before marriage, inheritances, personal gifts, and certain personal injury settlements, provided they are kept separate from marital funds (not commingled). However, these can become divisible if mixed with marital assets (like putting inheritance into a joint account) or if marital funds are used to improve them, requiring careful documentation to maintain their protected status. 

What not to do during separation?

When separated, you should not rush big decisions, badmouth your spouse (especially to kids or on social media), involve children in the conflict, move out of the family home without cause, make financial promises without legal advice, or let emotions dictate impulsive actions like excessive spending or dating too soon, focusing instead on maintaining civility and protecting finances and children. 

What is the #1 cause of divorce?

The number one reason for divorce is consistently cited as lack of commitment, often leading to infidelity, growing apart, and frequent conflict/arguing, with financial problems, poor communication, and addiction also being major factors that erode the foundation of a marriage. 

What not to do before divorce?

If you are still married to your spouse, refrain from becoming romantically involved with anyone until your divorce is final. Your spouse may use your new relationship against you in the divorce process.

What is the 7 7 7 rule for couples?

The 7-7-7 rule for couples is a relationship guideline suggesting they schedule consistent, quality time together: a date night every 7 days, a weekend getaway every 7 weeks, and a longer, romantic vacation every 7 months, designed to maintain connection, prevent drifting apart, and reduce burnout by fostering regular intentionality and fun. While some find the schedule ambitious or costly, experts agree the principle of regular, dedicated connection is vital, encouraging couples to adapt the frequency to fit their lives.
 

What is the #1 reason marriages fail?

The number one reason marriages fail, consistently cited in studies, is lack of commitment, reported by a large majority of divorcing couples as the primary cause, often manifesting as poor communication, financial issues, infidelity, or drifting apart. Other major factors include excessive arguing, infidelity, financial problems, marrying too young, and unrealistic expectations, all stemming from a fundamental breakdown in dedication to the partnership.