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 South Dakota, there is no mandatory waiting period between the filing of the divorce complaint and the finalization of the divorce. However, there is a 60-day waiting period from the date of service of the divorce complaint upon the other spouse before the court can grant a divorce. This period is intended to provide a 'cooling-off' time for the parties. South Dakota does not require spouses to live apart for any specific period before filing for divorce. The state does have a residency requirement, which mandates that at least one of the spouses must have resided in South Dakota for at least 180 days (approximately six months) before filing for divorce. It's important to note that while South Dakota law does not require a separation period before filing for divorce, any period of reconciliation or cohabitation during a separation could affect the divorce proceedings, particularly if the spouses are pursuing a no-fault divorce on the grounds of irreconcilable differences.