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 Rhode Island, the state law requires a waiting period for finalizing a divorce after the filing of the divorce complaint. This waiting period is known as the 'nominal' or 'cooling-off' period, which is intended to give the spouses time to reconcile if possible. Specifically, Rhode Island mandates a waiting period of 60 days after the date of the hearing if the divorce is uncontested (nominal) or 90 days after the final judgment if the divorce is contested. Additionally, Rhode Island requires that the spouses must have lived separate and apart for at least three years before a divorce on the ground of separation can be granted. However, if the spouses reconcile and resume living together, this can interrupt the separation period, potentially requiring the period to restart if they later decide to proceed with the divorce. It's important to note that Rhode Island also has a residency requirement, which stipulates that at least one spouse must have been a resident of the state for a minimum of one year before filing for divorce.