What are state waiting periods for divorce?

Many states impose a mandatory waiting period between filing for divorce and when the divorce can be finalized. These waiting periods are intended to provide a cooling-off period and to ensure that the decision to divorce is not made hastily.

Waiting periods vary significantly by state. Some states have no mandatory waiting period, meaning the divorce can potentially be finalized as soon as all paperwork is completed and procedural requirements are met. Other states impose waiting periods ranging from 20 days to 12 months or more.

For example, California has a six-month waiting period from the date the respondent is served. Texas has a 60-day waiting period from the date of filing. Florida has no mandatory waiting period for a standard divorce, though there is a 20-day waiting period after filing before the case can proceed. New York has no specific waiting period for no-fault divorces, but requires that the breakdown of the relationship has lasted at least six months.

In some states, the waiting period begins when the divorce petition is filed, while in others it begins when the other spouse is served. Some jurisdictions allow the waiting period to be waived in certain circumstances, such as cases involving domestic violence.

It is important to use the waiting period productively. This time can be spent organizing finances, gathering documents, developing a parenting plan, and working toward agreements on contested issues.

DIVORSAY's state-specific guides include detailed information about your state's waiting period. Auntia AI can tell you exactly how long the waiting period is where you live and when it starts.