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 York, there is no mandatory 'cooling-off' period after filing for divorce that is specifically intended to allow spouses to reconcile. However, New York does have residency requirements that must be met before filing for divorce. At least one spouse must have been a resident of the state for a continuous period of at least two years immediately preceding the start of the divorce, or the residency requirement can be satisfied in other ways, such as both spouses being residents on the day the divorce is filed and the grounds for divorce occurred in New York. Additionally, New York allows for 'no-fault' divorces, which can be granted on the grounds that the relationship between the spouses has broken down irretrievably for a period of at least six months. If the divorce is uncontested and all issues are resolved, the process can be relatively quick. However, if the divorce is contested, the process can take much longer, potentially exceeding the 30-90 day periods seen in some states with explicit 'cooling-off' periods.