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 Massachusetts, there is a waiting period known as the 'Nisi Period' which begins after the divorce is granted and lasts for a specific duration before the divorce becomes final. For a no-fault uncontested divorce, this period is 120 days. For a no-fault contested divorce or a fault divorce, the waiting period is 90 days after the court hearing. Massachusetts does not require spouses to live apart for a certain period before filing for divorce. However, if the grounds for divorce are based on a separation, the couple must have lived apart for at least one year. The residency requirement in Massachusetts mandates that one spouse must be a resident of the state if the grounds for divorce occurred in Massachusetts. If the grounds for divorce occurred outside of Massachusetts, one spouse must have resided in the state for at least one year before filing for divorce.