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 Delaware, the state law requires that spouses must live separately and apart for at least six months before a court will grant a final decree of divorce. This separation period is intended to serve as a 'cooling-off' time to potentially allow for reconciliation. However, unlike some other states, Delaware does not require the separation period to restart if the spouses reconcile and then separate again. The six-month separation period must be completed by the time of the final hearing for divorce. Additionally, Delaware has a residency requirement, which mandates that at least one spouse must have been a resident of the state for a minimum of six months before filing for divorce. It's important to note that the specific details and application of these requirements can vary, and consulting with an attorney for individual circumstances is advisable.