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 Maine, the state requires a waiting period known as the 'cooling-off' period, which is 60 days from the date the divorce complaint is served on the defendant or the date the defendant appears in the divorce action, whichever is earlier. This period is designed to give couples time to reconcile if possible before the divorce is finalized. Additionally, Maine does not have a mandatory separation period before a couple can file for divorce. However, if spouses are alleging 'irreconcilable marital differences' as the ground for divorce, they must demonstrate to the court that they have indeed lived separate and apart and that the marital differences are irreconcilable. The residency requirement in Maine stipulates that at least one spouse must have been a resident of the state for six months prior to filing for divorce.