Divorce Waiting Period
While coming to a final decision on divorce can be a difficult experience, waiting to file for divorce and have it finalized may be equally or even more taxing. Some states have waiting periods to file for divorce to ensure that couples are absolutely certain about ending their marriages.
Waiting periods to file for divorce vary from state to state and can range from as short as one to three months to something longer like six months to even a year or more if certain divorce issues have not been resolved.
In the past, states like Tennessee, Alabama and Louisiana have considered extending their respective divorce filing waiting periods, especially for couples with children. Such divorce legislation has been based on observations that shorter divorce periods equal higher divorce rates, some parents do not fully understand the psychological effects of divorce on children, and too many divorces are granted before important divorce issues like child custody and child support are determined.
What's the Waiting Period to File for Divorce in Your State?
While many states require a period of separation before divorce when fault is alleged, most states have no requirement that parties be separated for any period of time prior to filing for a no-fault divorce. Some states require a period of separation before filing for divorce while others require a separation prior to issuing a divorce decree.
Do you have to wait a certain amount of time to even file for divorce in your state? See for yourself in the table below. And if you have any more questions about how long you must wait to even file for divorce or anything else about the divorce process, including remarriage waiting periods after divorce, speak to an experienced divorce lawyer.
Simply fill out our divorce case review form or call 1 (877) 349-1310, and we'll help you get in touch with one of our sponsoring local divorce lawyers who can fill you in on whether your state has a divorce filing waiting period and answer any other questions that you may have about the divorce process.
Waiting Period to File for Divorce for All 50 States
(as of August 16, 2007)
| Waiting Period to File for Divorce for All 50 States |
Time Period |
|---|---|
| Alabama | No statutory requirement |
| Alaska | No statutory requirement |
| Arizona | No statutory requirement |
| Arkansas | 18 months prior to decree |
| California | No statutory requirement |
| Colorado | No statutory requirement |
| Connecticut | 18 months before filing |
| Delaware | 6 months prior to decree |
| District of Columbia | 6 months before filing |
| Florida | No statutory requirement |
| Georgia | No statutory requirement |
| Hawaii | No statutory requirement |
| Idaho | No statutory requirement |
| Illinois | 6 months prior to decree |
| Indiana | No statutory requirement |
| Iowa | No statutory requirement |
| Kansas | No statutory requirement |
| Kentucky | 60 days prior to decree |
| Louisiana | 180 days before filing |
| Maine | No statutory requirement |
| Maryland | 12 months before filing |
| Massachusetts | No statutory requirement |
| Michigan | No statutory requirement |
| Minnesota | No statutory requirement |
| Mississippi | No statutory requirement |
| Missouri | No statutory requirement |
| Montana | 180 days before filing |
| Nebraska | No statutory requirement |
| Nevada | 1 year before filing |
| New Hampshire | No statutory requirement |
| New Jersey | 18 months prior to decree |
| New Mexico | No statutory requirement |
| New York | 1 year prior to decree |
| North Carolina | 1 year of separation before filing |
| North Dakota | No statutory requirement |
| Ohio | 1 year prior to decree |
| Oklahoma | No statutory requirement |
| Oregon | No statutory requirement |
| Pennsylvania | No statutory requirement |
| Rhode Island | No statutory requirement |
| South Carolina | 1 year prior to decree |
| South Dakota | No statutory requirement |
| Tennessee | No statutory requirement |
| Texas | No statutory requirement |
| Utah | No statutory requirement |
| Vermont | 6 months prior to decree |
| Virginia | 6 months prior to decree |
| Washington | No statutory requirement |
| West Virginia | 1 year prior to decree |
| Wisconsin | No statutory requirement |
| Wyoming | No statutory requirement |
Divorce Case Review Click Here
Divorce Waiting Period Resources
- Examining the Calls for a No-Fault Divorce Law in New York (6/14/2007)
- Unusual New York Divorce & Pending No-Fault Law at Total Divorce (4/27/2007)
- Tennessee Divorce Legislation Would Require Longer Divorce Waiting Periods (3/16/2007)
- Divided New York Divorce Takes Property Division to a Whole New Level! (2/27/2007)
- Oklahoma Divorce Bill Would Offer Covenant Marriage Option, Try To Deter State's High Divorce Rates! (2/22/2007)
- Considering Divorce? Utah Divorce Bill Would Send Wannabe Divorcees to School! (2/16/2007)
- Recently-Signed New Jersey No-Fault Divorce Law Gives Nets' Star Jason Kidd a Quick Assist! (2/2/2007)
- Indiana Covenant Marriage Bill Would Make it Harder to Get Married as Well as Harder to Get Divorced (2/2/2007)
- New Jersey No-Fault Divorce Bill Sitting on Governor's Desk (1/11/2007)
- Virginia No-Fault Divorce Laws: One Family Advocacy Group's Bulls-Eye Target (1/11/2007)
- Texas Covenant of Marriage Would Make it Harder to Get Divorced (1/5/2007)