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Some states have divorce waiting periods when filing for divorce to make sure that couples are absolutely certain about ending their marriages. These range from a month to six months to even a year or more, if certain divorce issues haven't been resolved.
Some states have considered extending divorce waiting periods, especially for couples with children. Such divorce legislation has been based on observations that shorter divorce waiting periods lead to higher divorce rates. A divorce lawyer can further explain the divorce waiting periods in your state.
Fill out a divorce case review form or call 877-349-1310 to connect with a local divorce lawyer. Get answers to your questions about the divorce process.
While many states require a period of separation before divorce when fault is alleged, most states have no requirement about spouses being 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? If you have more questions about how long you must wait to file for divorce or proceed in the divorce process, including a remarriage waiting period after divorce, speak to a divorce lawyer in your area.
The following are the divorce waiting periods to file for divorce in each state as of April, 2009:
| Divorce Waiting Period |
Waiting Period before Filing for Divorce |
|---|---|
| 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 | No statutory requirement |
| 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 |
The divorce waiting periods before filing for divorce may vary depending on the circumstances of the case and the above summary is not intended to serve as legal advice. Laws may have changed since our last update. For the latest information on waiting periods before filing for divorce, speak to a local divorce lawyer in your state.