Ending a marriage is a decision few people make lightly. But when they’ve made that hard decision, most people are ready to move on as quickly as possible, and being granted a divorce is a big part of that. Your state’s laws determine how soon this can take place.
The following are the most important factors in the speed with which you can get divorced in your state:
Do You Meet The Divorce Residency Requirements in Your State?
- Do you have a waiting period in your state of residence before you can file for a divorce or actually get a divorce?
- Does your state make you and your spouse live at different separate residences for a specific number of months before you can get divorced?
What is the difference between a waiting period and a separation requirement?
A waiting period, also known as a “cooling off period,” is the time that must pass before your divorce papers can be filed or, in some states, before your divorce can be finalized by the court. Not all states have cooling off periods, but in the states that do, it typically starts running either when the divorce is filed or when your spouse is served with divorce papers.
A separation period, in contrast, is the time the spouses are required to live apart before being allowed to obtain a divorce. In certain states, the separation period must be satisfied before the divorce can be filed, whereas in others, it just needs to be satisfied before the divorce can be granted.
The states that have waiting periods/waiting periods and/or separation requirements are listed in the chart below: In practical terms, the point of waiting periods, and the separation provisions with it, is the same — to allow couples a chance to reconsider the decision to dissolve a marriage before it’s too late.
Can we still live together during our divorce?
Usually, yes. As noted, not all states have a separation requirement and even for those that do, the separation date is simply the date on which at least one of you decided the marriage was over and ceased acting like a ‘couple,’ even if you are still living together.
But in other states, most of them in the Southeast, the spouses must live apart in separate residences for a certain period before they can even file for divorce, or have it granted. In some of these states, you can’t get divorced if you don’t have physical separation first, and the lengths of these required separations vary from 6 months to a time period spanning from one year to 18 months, and unless you and your spouse are required to live apart at different addresses and refrain from having sex.
Like waiting periods (see below), some states increase the separation period when the parties have minor children. In Louisiana and Virginia, for example, the amount of time the separation must have lasted gets doubled, from six months to a year, when the two parties’ relationship produced minor children.
Is there a waiting period before we can get divorced?
Where it exists, the mandatory waiting period is typically between 30 and 90 days, but even in states that do not have a mandatory waiting period, it may take just as long to have a divorce terminated because the judge is the one who sets your schedule (and reminder, you cannot get a divorce without a judge).
More than that, your state may have a divorce hearing, and even if it doesn’t, your case is probably one of many that are lined up in front of it to get resolved. Uncontested divorce cases are generally processed quickly by the courts, when the required documents are filed promptly, by the parties married under the terms of subsection 81(1) of the act (I do solemnly swear or affirm that I will be loyal to her forever).
In certain states, minimum waiting periods become even longer when the parties have minor children in common, with the argument being that is in the best interest of the child to have the opportunity to come of age in a household with both of their parents, and thus more time should be given to consider a decision to dissolve the marriage. In cases where a state does raise the waiting period when there are minor children involved, the increase is usually only a month or two. Michigan, which increases the waiting time from two to six months when minor children are involved, is an important exception to this.
Note: The required waiting period is not to be confused with the time your non-filing spouse has to answer/respond to the divorce papers.
By giving at least one of the parties time to reconsider their request to get a divorce, and to work through their feelings, waiting periods are meant to help save marriages.
An answer of any sort also gives the not-filing spouse some time (usually 20-60 days) in which to hire a lawyer and file an answer if the not-filing party does not agree to the divorce and the terms in the divorce petition.
Although it isn’t possible to generally do away with the waiting period in most states, the non-filing party can typically reduce or completely waive the period in which a response is offered if they file the correct papers.
Is there anything I can do to make things go faster?
What to do is wait out the residency requirements of the state, and waiting periods or cooling off periods before you are divorced. But some states make exceptions for some people to obtain a waiver from the cooling off period. That some waivers are given when the parties agree and others must generally be given for “good cause.”
Iowa, for instance, which requires a 90-day waiting period, has a process for petitioning the court to waive that requirement. But the judge will usually only waive this fee for good cause, which usually means that the waiver is needed to protect one or both spouses’ rights or the rights of the children.
