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 Illinois, the state law requires a waiting period known as 'separate and apart' for divorce proceedings. Specifically, spouses must live separate and apart for a continuous period of at least six months immediately preceding the entry of the judgment dissolving the marriage. This separation is intended to serve as a 'cooling-off' period. However, Illinois law allows for this requirement to be waived if both parties agree in writing. It's important to note that 'living separate and apart' does not necessarily require physical separation; spouses can be considered to be living separately even if they reside in the same household, provided they are living independent lives and not presenting themselves as a couple. Additionally, there is a residency requirement in Illinois, where at least one spouse must have been a resident of the state for 90 days prior to filing for divorce.