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 North Carolina, there is a mandatory separation period before a divorce can be finalized. This period is one of the longest in the United States, requiring spouses to live apart for at least one year and one day. The purpose of this separation is to provide a 'cooling-off' period with the hope that reconciliation may occur. If the spouses resume living together during this period, it can reset the clock on the required separation time. Additionally, there is a residency requirement in North Carolina; at least one spouse must have lived in the state for a minimum of six months prior to filing for divorce. After the one-year separation and meeting the residency requirement, a spouse may then file for divorce, but the process may still take additional time to be finalized depending on the court's schedule and the complexity of the divorce proceedings.