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 New Mexico, there is no mandatory waiting period for a divorce to be finalized after the filing of the divorce petition. However, the state does require that at least one of the spouses has been a resident of New Mexico for at least six months immediately preceding the filing of the petition, and that the petitioner has a domicile in New Mexico. This residency requirement ensures that the state has jurisdiction over the divorce. Unlike some states that require a period of separation before a divorce can be granted, New Mexico does not impose such a requirement. The state allows for no-fault divorces, meaning that the spouses can obtain a divorce without needing to prove grounds such as adultery or abandonment, and without a mandated separation period. The time it takes to finalize a divorce in New Mexico can vary depending on the complexity of the case and the court's schedule.