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 Idaho, the state law requires a mandatory waiting period of 20 days from the date the divorce complaint is served before the court can finalize the divorce. This waiting period serves as a 'cooling-off' time to give couples a chance to reconcile if possible. However, if the spouses are in agreement and have resolved all issues related to the divorce, the court may waive the waiting period. Idaho does not have a statutory requirement for the spouses to live apart for a specific period before filing for divorce. The state does have a residency requirement, which mandates that at least one spouse must have been a resident of Idaho for a minimum of six weeks before filing for divorce.