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 Nebraska, the state requires a waiting period for finalizing a divorce after the filing of the divorce complaint. This waiting period is 60 days from the date of service of the divorce complaint upon the non-filing spouse. The purpose of this waiting period is to provide a 'cooling-off' time for the parties, which might lead to reconciliation. Additionally, Nebraska mandates that the spouses must have lived apart for at least one year before the divorce will be finalized if the ground for divorce is based on irretrievable breakdown of the marriage. However, if the parties reconcile and resume living together during this separation period, it does not necessarily restart the separation period unless the reconciliation is substantial and ongoing. Nebraska also has a residency requirement, which stipulates that at least one spouse must have been a resident of the state for at least one year before filing for divorce, or the marriage must have been performed in Nebraska and one spouse has resided there from the time of marriage to the filing of the divorce.