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 Maryland, there is a waiting period known as the separation period that couples must observe before they can finalize a divorce. For a no-fault divorce, the spouses must have lived apart without cohabitation for at least 12 consecutive months before filing. This separation period is intended to provide time for reconciliation or to ensure that the decision to divorce is deliberate and final. If the spouses resume living together during this period, the separation clock may be reset, and they would need to begin a new period of separation to qualify for a no-fault divorce. Additionally, Maryland has a residency requirement, which mandates that at least one spouse must have resided in the state for a minimum of six months prior to filing for divorce.