Divorce Waiting Periods By State

Divorce Waiting Periods By State

Divorce waiting periods, also known as separation periods or residency requirements, can vary by state in the United States. These waiting periods can affect how quickly you can finalize your divorce. Please note that divorce laws are subject to change, so it’s essential to consult with an attorney or review the most recent state laws for the most accurate and up-to-date information. Here is a general overview of divorce waiting periods by state:

1. Alabama: There is a 30-day waiting period after filing for divorce before it can be finalized.
2. Alaska: Alaska has a 30-day waiting period after filing.
3. Arizona: Arizona has a 60-day waiting period after filing.
4. Arkansas: Arkansas has a 30-day waiting period after filing.
5. California: There is a six-month waiting period from the date of service before a divorce can be finalized.
6. Colorado: Colorado has a 91-day waiting period after filing for divorce.
7. Connecticut: Connecticut has a 90-day waiting period after the filing of the divorce complaint.
8. Delaware: There is a 180-day waiting period after filing for divorce.
9. Florida: Florida has a 20-day waiting period after filing for divorce for cases without children. For cases with children, the waiting period is 20 days if both parties agree, but it can be longer if there is a dispute.
10. Georgia: Georgia has a 30-day waiting period after filing for divorce.
11. Hawaii: Hawaii has a 21-day waiting period after filing.
12. Idaho: Idaho has a 21-day waiting period after filing for divorce from the time your spouse was served.
13. Illinois: There is a 90-day waiting period from the date the divorce papers are served to the other party.
14. Indiana: Indiana has a 60-day waiting period after filing.
15. Iowa: Iowa has a 90-day waiting period after the divorce papers are served.
16. Kansas: There is a 60-day waiting period after filing for divorce.
17. Kentucky: Kentucky has a 60-day waiting period after filing.
18. Louisiana: Louisiana has a 180-day waiting period for couples without children. For couples with children, the waiting period is 365 days.
19. Maine: There is a 60-day waiting period after filing for divorce.
20. Maryland: Maryland has a 12-month waiting period for no-fault divorces. The court can grant an “absolute divorce” without a waiting period if both parties agree in an uncontested divorce.
21. Massachusetts: There is a 90-day waiting period after filing for a contested divorce, and 120-days after filing for an uncontested divorce.
22. Michigan: Michigan has a 60-day waiting period after filing and 6-month waiting period if minor children are involved.
23. Minnesota: There is no waiting period after filing for divorce in Minnesota.
24. Mississippi: Mississippi has a 60-day waiting period after filing.
25. Missouri: Missouri has a 30-day waiting period after filing.
26. Montana: There is a 21-day waiting period after filing for divorce.
27. Nebraska: Nebraska has a 60-day waiting period after filing.
28. Nevada: Nevada has no waiting period after filing.
29. New Hampshire: There is no waiting period after filing for divorce.
30. New Jersey: New Jersey has no waiting period for no-fault divorces.
31. New Mexico: New Mexico has a 30-day waiting period after filing.
32. New York: New York has no waiting period for no-fault divorces but it often takes a long time to appear on a court’s docket.
33. North Carolina: North Carolina has a 30-day waiting period after serving your spouse for no-fault divorces.
34. North Dakota: There is no mandatory waiting period after filing for divorce.
35. Ohio: Ohio has a 30-day waiting period after filing.
36. Oklahoma: Oklahoma has a 10-day waiting period after filing if there are no minor children involved and a 90-day waiting period if minor children are involved.
37. Oregon: There is a no waiting period after filing for divorce but the other spouse does get 30 days to respond.
38. Pennsylvania: Pennsylvania has a 90-day waiting period after filing.
39. Rhode Island: There is a 75-day waiting period after filing for divorce.
40. South Carolina: South Carolina has a one-year separation period before filing for a no-fault divorce but no actual waiting period.
41. South Dakota: There is a 60-day waiting period after filing for divorce.
42. Tennessee: Tennessee has a 60-day waiting period after filing if minor children are involved and a 90-day waiting period if minor children are involved.
43. Texas: Texas has a 61-day waiting period after filing.
44. Utah: There is a 30-day waiting period after filing for divorce.
45. Vermont: Vermont has a 60-day waiting period after filing that can be waived if you have lived separately for 60-days. There is also a 60-day waiting period if minor children are involved which cannot be waived. These do not stack.
46. Virginia: Virginia has a six-month waiting period for couples with no minor children, and a one-year waiting period for couples with minor children. If you are arguing for an at-fault divorce then, depending on the grounds for divorce, the waiting period can be waived.
47. Washington: Washington has a 90-day waiting period after filing for divorce.
48. West Virginia: West Virginia has a 20-day waiting period after filing.
49. Wisconsin: Wisconsin has a 120-day waiting period after filing.
50. Wyoming: There is a 20-day waiting period after filing for divorce.

Please keep in mind that these waiting periods can vary depending on the specific circumstances of your case, and some states may have additional requirements or exceptions including a separation period before filing for divorce or a waiver of waiting periods based on grounds for divorce like abuse.

It’s crucial to consult with a qualified family law attorney in your state to understand the divorce laws and procedures that apply to your situation. Additionally, laws may have changed since the drafting of this article in 2024, so always verify the most current information with local authorities or legal professionals. You can also check online at your local county courthouse’s website.

Related Articles  |  How Long Must You Be Separated Before Divorce Is Automatic?   |    How Long Does It Take For a Judge To Finalize a Divorce?

MEET WITH AN ILLINOIS FAMILY LAW ATTORNEY TODAY

The Family Law attorneys at Koth Gregory & Nieminski understand that your family is the top priority, which is why we offer SAME-DAY APPOINTMENTS. If you need a divorce or other family law services, you can schedule your first meeting through our online appointment calendar. We look forward to meeting you.

Disclaimer: This article (Divorce Waiting Periods By State) may contain information that is outdated as Illinois law continuously evolves. Meeting with an experienced family law attorney is the best way to ensure you are receiving the most current information to about Divorce Waiting Periods By State.

Published by Dustin Koth on August 2, 2024