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 Colorado, the waiting period for finalizing a divorce, also known as the 'cooling-off' period, is 91 days from the date the divorce petition is filed and served upon the other spouse. This period is intended to give couples time to reconsider the divorce and possibly reconcile. Colorado does not require a mandatory separation period before filing for divorce; however, the state does have a residency requirement. At least one spouse must have lived in Colorado for a minimum of 91 days before filing for divorce. Additionally, if there are children involved, the children must have resided in Colorado for at least 182 days (or since birth if younger than 182 days) before the court has jurisdiction over child custody matters. These requirements are in place to ensure that the court has proper jurisdiction and to provide a structured time frame for the divorce process.