Divorce & Service of Process: State Laws 

• Divorce rules: Six months of state residency; 24 months separation. The filing fee is $154; processing time averages 210 days.

• Qualifications for serving divorce papers: Anyone over 18 who is not a party to the divorce.

• Forms of service of process: Send via first-class mail, send a copy by certified mail, return receipt requested, or hire a sheriff or private process server to serve your spouse.

Read about Alabama's divorce laws.

• Divorce rules: No state residency qualifications, no separation qualifications. The filing fee is $200; processing time averages 30 days.

• Qualifications for serving divorce papers: Process servers must be licensed.

• Forms of service of process: In-person, substitute service or in limited cases by certified mail.

Read more about Alaska's divorce laws.

• Divorce Rules: Three months of state residency; no separation qualifications. The filing fee is $321, processing time 150 days.

• Qualifications for serving divorce papers: Process server must be licensed.

• Forms of service of process: Service by acceptance, by U.S. mail, private process server, county sheriff and/or publication.

Read about Arizona's divorce laws.

• Divorce rules: Two months state residency; 18 months of separation required; processing time of 540 days; $165 filing fee.
• Qualifications for serving divorce papers: The county sheriff or his deputy, or anyone appointed by court order.
• Forms of service of process: Personal service by sheriff, certified mail, service by “warning order” in limited circumstances.

Read about Arkansas's divorce laws.

• Divorce rules: Three months’ state residency; no separation requirement; filing fee $395; processing time approximately one year.
• Qualifications for serving divorce papers: 18 years old and not a party to the case.
• Forms of service of process: Personal service, substituted service, service by certified mail, service by publication, or service by posting at the courthouse, depending on the circumstances.

Read about California's divorce laws.

• Divorce rules: 12 months state residency requirement; no separation requirement; filing fee of $230; and processing time of about six months.
• Qualifications for serving divorce papers: Any non-party over 18. 
• Forms of service of process: Service by mail (first class or certified, return receipt requested), process server, waiver of service, service by publication. 

Read about Colorado divorce laws.

• Divorce rules: Six months state residency; 18 months of separation, $225 filing fee; processing time averages 90 days.
• Qualifications for serving divorce papers: A state marshall must serve divorce papers.
• Forms of service of process: Must be done by state marshall unless the spouse cannot be found; then service by publication is permitted.

Read about Connecticut divorce laws.

• Divorce rules: Six months of state residency, six months separation, $150 fee. The process takes about six months.
• Qualifications for serving divorce papers: The sheriff or any person who is not a party and is at least 18 can serve divorce papers.
• Forms of service of process: In person, or by certified mail if the spouse being served does not live in Delaware.

Read about Delaware divorce laws.

• Divorce rules: Six months of state residency in DC; six months living apart; $80 filing fee. The process takes about six months. 
• Qualifications for serving divorce papers: Service may be made by handing a copy of the process, notice, or demand to an officer of the entity, a managing or general agent of the entity, or any other agent authorized by designation or by law to receive service of process for the entity if the individual served is not a plaintiff in the action.
• Forms of service of process: In-person, substitute service or service by certified mail.

Read about District of Columbia divorce laws.

• Divorce rules: Six months state residency; no separation requirement; $409 filing fee; six or seven months processing time.
• Qualifications for serving divorce papers: You can serve them yourself under certain circumstances; otherwise, the server must be the local sheriff or someone approved by the court.
• Forms of service of process: Serve the papers directly on your spouse or his/her attorney, have a sheriff serve the documents in person, or hire a process server authorized by the court to serve the papers personally. Service by publication if you cannot locate your spouse.

Read about Florida's divorce laws.

• Divorce rules: Six months state residency; no separation requirement; $218 filing fee, approximately seven months for processing.
• Qualifications for serving divorce papers: Anyone approved by the county sheriff who is over 18 and not a party to the case.
• Forms of service of process: In-person, substitute service, or if you cannot locate your spouse service by publication.

Read about Georgia's divorce laws.

• Divorce rules: Six months state residency; two years separation; $175 filing fee; approximately seven months for processing.
• Qualifications for serving divorce papers: By the sheriff or the sheriff's deputy, police, someone appointed by the court, or by any person over 18, not a party to the action.
• Forms of service of process: In-person, substituted service, service by certified mail or service by publication, depending on the circumstances.

Read about Hawaii's divorce laws.

• Divorce rules: 6-weeks state residency requirement; 21 day waiting period after service upon the other party; $154-207 filing fee; approximately two months for processing.
• Qualifications for serving divorce papers: Authorized by the court, over 18 and not a party to the case.
• Forms of service of process: In-person, substituted service, service by certified mail or fax and by service by publication-depending on the circumstances.

Read about Idaho's divorce laws and service of process for Idaho Family Court.

• Divorce rules: Three months state residency requirement, 24 months separation requirement; $337 filing fee, a processing time of approximately six months.
• Qualifications for serving divorce papers: The sheriff or someone appointed by the court who is 18 and not a party to the action.
• Forms of service of process: In-person, substitute service and service by publication. 

Read about Illinois's divorce laws.

• Divorce rules: Six-month state residency requirement; no separation requirement; $177 filing fee; approximately eight months processing time.
• Qualifications for serving divorce papers:  A sheriff’s deputy or anyone over 18 who is not a party to the case. 
• Forms of service of process: In-person, service by certified mail.

Read about Indiana's divorce laws.

• Divorce rules: No state residency requirement; no separation requirement; $185 fee; approximately three months processing time.
• Qualifications for serving divorce papers: Yourself, a sheriff's deputy, or a hired private process server.
• Forms of service of process: In-person, certified mail.

Read about Iowa's divorce laws.

• Divorce rules: Two months state residency; no separation requirement; $180 filing fee; approximately four months processing time.
• Qualifications for serving divorce papers: Sheriff’s deputy.
• Forms of service of process: You can obtain a signed and notarized "Voluntary Entrance of Appearance" form from your spouse, have your sheriff's department serve the papers or certified mail.

Read about Kansas's divorce laws.

• Divorce rules: Six months of state residency;  two months separation requirement; $148  filing fee; approximately six months processing time.
• Qualifications for serving divorce papers: The sheriff.
• Forms of service of process: In-person, service by certified mail.

Read about Kentucky's divorce laws.

• Divorce rules:  No state residency requirement;  six months separation requirement; $324  filing fee; approximately six months processing time.
• Qualifications for serving divorce papers: You or a sheriff’s deputy.
• Forms of service of process: In-person, service by certified mail.

Read about Louisiana's divorce laws.

• Divorce rules: Six months state residency;  Maine law requires a minimum 60-day waiting period between the filing of all the necessary divorce paperwork and the final hearing; no separation requirement; $120  filing fee; about two months processing time.
• Qualifications for serving divorce papers: You or a sheriff’s deputy.
• Forms of service of process: In person, or by certified mail.

Read about Maine's divorce laws.

• Divorce rules: One-year state residency requirement; one-year separation requirement; $135  filing fee; approximately one year processing time.
• Qualifications for serving divorce papers: The sheriff, a professional process server, or anyone over 18 who is not a party to the case.
• Forms of service of process: In-person, or with special permission of the court through certified mail.

Read about Maryland's divorce laws.

• Divorce rules: One-year state residency; no separation requirement; $215  filing fee; about four months processing time.
• Qualifications for serving divorce papers: A sheriff or constable. 
• Forms of service of process: In-person, service by publication if you cannot locate your spouse.

Read about Massachusetts divorce laws.

• Divorce rules:  Six months of state residency; no separation requirement; $150  filing fee; approximately eight months processing time.
• Qualifications for serving divorce papers: A member of the sheriff's department, police officer, professional process server, or anyone over 18 who is not a party to the case.
• Forms of service of process: In-person, certified mail or other method authorized by the court.

Read about Michigan's divorce laws.

• Divorce rules: Six months state residency; no separation requirement; $402 filing fee; approximately six months processing time.
• Qualifications for serving divorce papers:  A professional process server or the sheriff.
• Forms of service of process: In-person, certified mail requesting notarized affidavits from your spouse.

Read about Minnesota divorce laws.

• Divorce rules: Three months state residency; no separation requirement; $52  filing fee; approximately eight months processing time.
• Qualifications for serving divorce papers: 18 years or older and not a party to the divorce; often done by a sheriff.
• Forms of service of process: In-person, service by first-class mail, service by publication if the spouse cannot be located.

Read about Mississippi's divorce laws.

• Divorce rules: Three months state residency; no separation requirement; $189  filing fee; approximately four months processing time.
• Qualifications for serving divorce papers: sheriff or professional process server.
• Forms of service of process: In-person or service by publication if the spouse cannot be located.

Read about Missouri's divorce laws.

• Divorce rules: Three months of state residency; six months separation requirement; $200 filing fee; approximately four months processing time.
• Qualifications for serving divorce papers: sheriff.
• Forms of service of process: In-person, certified mail or service by publication if your spouse cannot be located.

Learn more about Montana's divorce service of process laws here.

• Divorce rules: One year months state residency; no separation requirement; $157  filing fee; about 14 months processing time.

• Qualifications for serving divorce papers: You or the sheriff.

• Forms of service of process: In-person or other methods authorized by the court.

Read about Nebraska divorce laws.

• Divorce rules: One-month state residency; 12 months separation requirement; $289  filing fee; about  42 days processing time.

• Qualifications for serving divorce papers: a non-party over 18, the sheriff, constable, or a professional process server. 

• Forms of service of process: In-person.

Read about Nevada's divorce laws.

• Divorce rules: One-year state residency;  two years separation requirement; $180  filing fee; no minimum processing time.

• Qualifications for serving divorce papers: You or the sheriff.

• Forms of service of process: In-person, service by certified mail.

Read about New Hampshire's divorce laws.

• Divorce rules: One-year state residency; 18 months separation requirement; $250  filing fee; about one year processing time.

• Qualifications for serving divorce papers: Sheriff or professional process server.

• Forms of service of process: In person, or by certified mail or other means with the court’s permission.

Read about New Jersey's divorce laws.

• Divorce rules: Six months state residency; no separation requirement; $137 filing fee; about six months processing time.

• Qualifications for serving divorce papers: The sheriff or any non-party over 18 years old.

• Forms of service of process: In-person or service by certified mail.

Read about New Mexico's divorce laws.

• Divorce rules: One-year state residency; one-year separation requirement; $335  filing fee; about one year processing time. 

• Qualifications for serving divorce papers: 18 years old non-party and a New York state resident.

• Forms of service of process: In-person, or other means allowed by the court.

Read about New York's divorce laws.

• Divorce rules: Six months state residency; one-year separation requirement; $225  filing fee; about one year processing time.

• Qualifications for serving divorce papers: Sheriff’s deputy.

• Forms of service of process:  In-person, other means authorized by the court according to circumstance.

Read about North Carolina's divorce laws.

• Divorce rules: Six months state residency; no separation requirement; $289 filing fee; about six months processing time.

• Qualifications for serving divorce papers: Sheriff, constable, or professional process server.

• Forms of service of process: In-person or other means authorized by the court.

Read about North Dakota's divorce laws.

• Divorce rules: Six months state residency; one-year separation requirement; $175  filing fee; about seven months processing time. 

• Qualifications for serving divorce papers: Sheriff or a professional process server.

• Forms of service of process: In-person, certified mail, registered mail, or other means authorized by the court. Service by publication is allowed with the court's permission if you don't know your spouse's whereabouts.

Read about Ohio's divorce laws.

• Divorce rules: Six months of state residency; no separation requirement; $186  filing fee; six or seven months average processing time.

• Qualifications for serving divorce papers: Sheriff or professional process server not personally involved in the case.

• Forms of service of process: In-person or alternative means allowed by the court under certain circumstances.

Read about Oklahoma's divorce laws.

• Divorce rules: Six months state residency; no separation requirement; $260 filing fee; about nine months processing time.

• Qualifications for serving divorce papers: A state resident over 18 who is not a party to the action.

• Forms of service of process: In-person, substitute service, service by certified mail or other means authorized by the court.

Read about Oregon divorce laws.

• Divorce rules: Six months state residency; three months separation requirement; $317  filing fee; about nine months processing time.
• Qualifications for serving divorce papers: Any non-party over 18, or a professional process server.
• Forms of service of process: In-person, certified mail, or other means authorized by the court.

Read about Pennsylvania divorce laws.

• Divorce rules:  One year months state residency; three years separation requirement; $120  filing fee; about 17 months processing time.
• Qualifications for serving divorce papers: County sheriff, private constable.
• Forms of service of process:  In-person, or other means authorized by the court under certain circumstances.

Read about Rhode Island's divorce laws.

• Divorce rules: One year months state residency; one-year separation requirement; $150  filing fee; about 15 months processing time.
• Qualifications for serving divorce papers: You, a sheriff, or a professional process server.
• Forms of service of process: In person, by certified mail or by another means authorized by the court.

Read about South Carolina's divorce laws.

• Divorce rules: No state residency requirement; no separation requirement; $95  filing fee; about two months processing time.
• Qualifications for serving divorce papers: Professional process server or a law enforcement official such as a sheriff or constable. You can serve the papers yourself if the divorce is uncontested.
• Forms of service of process: In person, by certified mail or by other means authorized by the court.

Read about South Dakota's divorce laws.

• Divorce rules: Six months state residency; two years separation requirement; $302  filing fee; about two months processing time.
• Qualifications for serving divorce papers: A sheriff or a professional process server in your spouse's home state. 
• Forms of service of process: In person, by certified mail, or if you don't know where your spouse is living, publication in a newspaper selected by the court.

Read about Tennessee divorce laws.

• Divorce rules: Six months state residency; three years separation requirement; $235  filing fee; about eight months processing time.
• Qualifications for serving divorce papers: A constable, a sheriff, or a private process server.
• Forms of service of process:  In person, by certified or registered mail (return receipt requested) or other means allowed by the court.

Read about Texas divorce laws.

• Divorce rules: Three months of state residency; 36 months separation requirement; $310 filing fee; about six months processing time.
• Qualifications for serving divorce papers: Someone over 18 who is not a party to the case (except the person filing for divorce). A sheriff, constable, private process server, or US Marshal can also be used.
• Forms of service of process:  In person, by certified mail or by other means authorized by the court.

Read about Utah's divorce laws.

• Divorce rules: One-year state residency; six months separation requirement; $263  filing fee; about 15 months processing time.
• Qualifications for serving divorce papers: A sheriff or deputy. 
• Forms of service of process: In-person, certified mail, first-class mail, or by publication if you don’t know where your spouse is.

Read about Vermont's divorce laws.

• Divorce rules: Six months state residency; one-year separation requirement; $84 filing fee; about six months processing time.
• Qualifications for serving divorce papers: Deputy Sheriff or a comparable official.
• Forms of service of process: In-person, substitute person to person at least 16 years old living in the other spouse's household, or certified mail.

Read about Virginia's divorce laws.

• Divorce rules: No state residency requirement; no separation requirement; $280  filing fee; about three months processing time.
• Qualifications for serving divorce papers: Anyone over 18 who is not a party to the action.
• Forms of service of process: In-person, or alternative service authorized by the court.

Read about Washington's divorce laws.

• Divorce rules: One-year state residency; one-year separation requirement; $135  filing fee; about one year processing time.
• Qualifications for serving divorce papers: Sheriff, or a private process server.
• Forms of service of process: In-person, as well as certified mail or service by publication with the permission of the court.

Read about West Virginia's divorce laws.

• Divorce rules: Six months state residency; one-year separation requirement; $188  filing fee; about 10 months processing time.
• Qualifications for serving divorce papers: Anyone over eight-years-old who is not a party to the divorce. Many people use a professional process server or the police or sheriff's department.
• Forms of service of process: In-person, or other means authorized by the court.

Read about Wisconsin's divorce laws.

• Divorce rules: Two months state residency; no separation requirement; $70  filing fee; about three months processing time.

• Qualifications for serving divorce papers: Sheriff.

• Forms of service of process: In person or other means authorized by the court under special circumstances, such as your spouse is serving in the military overseas.

Read about Wyoming's divorce laws.