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 Tennessee, the state mandates a waiting period for finalizing a divorce after the filing of the divorce complaint. This waiting period is 60 days if there are no minor children involved, and 90 days if the couple has minor children. The purpose of this waiting period is to provide a 'cooling-off' period that might allow for reconciliation. Additionally, Tennessee requires spouses to live separately before a divorce can be granted on the grounds of irreconcilable differences, unless there is an allegation of inappropriate marital conduct. The state does not have a specific statutory requirement for how long this separation must last, but the parties must be living apart at the time the divorce is filed and must continue to live apart until the divorce is finalized. If the spouses reconcile and resume living together, it may affect the grounds for divorce based on irreconcilable differences, potentially requiring the parties to amend their filings or restart the process if they separate again.