In many states there is a waiting period for finalizing a divorce following the filing of the lawsuit for divorce. This waiting period is intended to allow the spouses to “cool-off” and reconcile if possible. And some states require the spouses to have separated and lived apart for some period of time before proceeding with the divorce. In some states that require such a separation period, if the spouses reconcile and begin living together again (cohabitating) after separating, the separation period must be restarted before the divorce process can proceed.

The waiting period or separation period is often 30-90 days but may be as long as 5-18 months in states such as Arkansas, California, North Carolina, South Carolina, and Vermont. These waiting periods are generally in addition to any minimum time period a spouse must have resided in the county in which the divorce is filed before filing for divorce—known as the residency requirement.

In California, there is a mandatory waiting period of six months for finalizing a divorce, which starts from the date the person filing for divorce (the petitioner) serves the divorce papers on the other spouse (the respondent). This 'cooling-off' period is designed to give couples a chance to reconsider the divorce and potentially reconcile. However, the divorce can be finalized after the six-month period if both parties have reached an agreement and have completed all necessary paperwork, even if the court has not yet entered the final judgment. Additionally, before filing for divorce in California, at least one of the spouses must have been a resident of the state for six months and a resident of the county where the filing is taking place for three months. There is no additional separation requirement in California; spouses do not need to live apart before filing for divorce. However, the six-month waiting period effectively serves as a time during which the spouses may be separated before the divorce is finalized.