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 Louisiana (LA), the state law requires a waiting or separation period before a divorce can be finalized. For couples without children from the marriage, the waiting period is generally 180 days. For those with children, the period is extended to 365 days. This separation period is designed to give spouses time to reconcile if possible. If the spouses resume living together during this period, it can interrupt the separation time and potentially reset the clock. Additionally, Louisiana has a residency requirement for divorce, which mandates that at least one spouse must have lived in the state for a minimum of six months before filing for divorce. It's important to note that specific circumstances of the divorce, such as whether it is contested or uncontested, can affect these time frames, and consulting with an attorney for personalized advice is recommended.