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 Vermont, there is a mandatory waiting period for finalizing a divorce, which is intended to give couples time to reconsider and possibly reconcile. Specifically, Vermont law requires that once a divorce complaint is filed, there must be a minimum separation period of six months before the court can hold a final hearing on the divorce. However, the divorce will not be finalized until at least three months after the final hearing, effectively creating a nine-month waiting period from the time of filing to the finalization of the divorce. Additionally, Vermont requires that at least one of the spouses has been a resident of the state for a minimum of six months before filing for divorce, and that the residency must continue throughout the divorce proceedings. This residency requirement is separate from the waiting period for finalizing the divorce.