Divorce Waiting Periods by State (2026)
The mandatory waiting or cooling-off period before a divorce can be final in each state and DC.
| State | Waiting period |
|---|---|
| Alabama | A court cannot enter a final divorce judgment until 30 days after the summons and complaint are filed. The court can still make temporary orders during this time, such as custody, support, visitation, or who stays in the home. Ala. Code § 30-2-8.1 |
| Alaska | Generally, you must wait at least 30 days after filing for divorce or dissolution before the judge will sign the final decree. Alaska Court System Family Law Self-Help Center, Start a Divorce or Dissolution Case |
| Arizona | The court cannot hold a trial or hearing, or consider a motion and affidavit, for a decree of dissolution or legal separation until 60 days after the other spouse was served or accepted service. Ariz. Rev. Stat. § 25-329 |
| Arkansas | No divorce decree can be granted until at least 30 days after the complaint is filed. Ark. Code Ann. § 9-12-307(a)(1)(B) |
| California | A divorce cannot become final until at least six months after the other spouse was served with the summons and petition or first appeared in the case, whichever comes first. The court can extend this for good cause. There is no six-month waiting period for a legal separation or an annulment. Cal. Fam. Code § 2339; Judicial Branch of California Self-Help Guide, Legal separation |
| Colorado | The court cannot enter a decree of dissolution or legal separation until at least 91 days have passed since it got jurisdiction over the other spouse (through service of process, joining as co-petitioner, or otherwise appearing in the case). C.R.S. § 14-10-106(1)(a)(III) |
| Connecticut | Connecticut has timing rules counted from the return date on the complaint: a default judgment against a spouse served in person or at home cannot enter until at least 30 days after the return date, and a contested divorce trial cannot start until at least 90 days after the return date. If the spouses reach a full agreement, they can ask the court to enter judgment sooner. In a nonadversarial (joint petition) divorce, the decree can be entered no sooner than 30 days after filing. Conn. Gen. Stat. §§ 46b-67, 46b-44c |
| Delaware | Spouses generally must have lived separate and apart for at least 6 months before the court rules on the divorce. No separation period is required when the divorce is based on the other spouse's misconduct, but the misconduct must be proven. Spouses can be separated while living in the same home if they use separate bedrooms and do not have sexual relations; brief reconciliation attempts do not restart the clock if they did not share a bedroom or have sexual relations in the 30 days before the hearing. 13 Del. C. §§ 1503(8), 1505(e); Family Court of Delaware, Divorce/Annulment |
| District of Columbia | The current D.C. divorce statute does not require a period of separation or a waiting period before filing; a divorce may be granted on a spouse's statement that they no longer wish to remain married. D.C. Code § 16-904(a) |
| Florida | A final judgment cannot be entered until at least 20 days after the petition is filed, unless the court finds that waiting would cause an injustice. Fla. Stat. § 61.19 |
| Georgia | A divorce on the no-fault ground cannot be granted until at least 30 days after the other spouse is served. Under court rules, an agreed (uncontested) divorce may be granted 31 days after service or acknowledgment of service; an unanswered case 46 days after service; and a case served by publication 61 days after first publication. O.C.G.A. § 19-5-3(13); Uniform Superior Court Rule 24.6 |
| Hawaii | The divorce statutes read do not set a fixed waiting period after filing. The divorce decree takes effect at a time the court sets, which can be no more than one month after the decree date. In an uncontested case where the other spouse does not respond within 20 days after being served, the filer may go forward by default. HRS § 580-45; Family Court of the First Circuit, Uncontested Divorce (with Children) Checklist and Instructions (1F-P-3066) |
| Idaho | Generally, no divorce is granted until at least 20 or 21 days have passed after the other spouse is served with the petition. The divorce is final on the day the judge signs the Decree of Divorce, and either spouse may remarry after that. Idaho Court Assistance Office, CAO D Instruction 1 (Divorce) |
| Illinois | Illinois law sets no fixed waiting period after filing. However, the irreconcilable-differences ground is automatically proven only if the spouses have lived apart for 6 continuous months before judgment; otherwise it must be shown. The judgment is final when entered. 750 ILCS 5/401(a-5), 5/413(a) |
| Indiana | The final hearing cannot be held, and a summary decree cannot be entered, until at least 60 days after the petition is filed. Ind. Code §§ 31-15-2-10, 31-15-2-13 |
| Iowa | No divorce decree can be granted until 90 days after the other spouse is served (or after the last day of publication, or after a waiver or acceptance of service is filed), or until any court-ordered conciliation is finished, whichever is later. A judge may shorten this period for an emergency or necessity shown by affidavit. Iowa Code § 598.19 |
| Kansas | A divorce cannot be heard until 60 days after the petition is filed, unless the judge declares an emergency in a written order explaining the nature of the emergency and the evidence. K.S.A. 23-2708 |
| Kentucky | No divorce decree can be entered until the spouses have lived apart for 60 days; living under the same roof without sexual relations counts as living apart. In divorces with minor children, no testimony (other than on temporary motions) may be taken until 60 days after service of the summons, the appointment of a warning order attorney, or the other spouse's appearance or response, whichever comes first. KRS 403.170(1), 403.044 |
| Louisiana | In a divorce filed under Civil Code Article 102, the required period must pass after the petition is served (or service is waived in writing), and the spouses must have lived separate and apart continuously for that period before the final motion (rule to show cause) is filed. The period is 180 days if there are no minor children of the marriage and 365 days if there are minor children. Under Article 103, the spouses must already have lived apart for the required period when the petition is filed; the fault-based grounds in Article 103 have no separation period. La. Civil Code arts. 102, 103, 103.1 |
| Maine | There is a minimum 60-day waiting period between filing all the necessary divorce paperwork and the final hearing. Cases often take longer, especially if the spouses do not agree on all issues. Maine Judicial Branch, Divorce; A Guide to Family Separation in Maine |
| Maryland | Section 7-103 sets no cooling-off period after filing. The 6-month separation ground requires 6 months of living apart before the complaint is filed. A spouse served in Maryland has 30 days to answer (60 days if served in another state, 90 days if served outside the U.S.). Md. Code, Family Law § 7-103; Maryland Judiciary, Divorce |
| Massachusetts | Every divorce judgment is first a judgment nisi, which becomes absolute (final) 90 days after it is entered unless the court orders otherwise. In a joint no-fault case (Section 1A), the judgment nisi enters 30 days after the court approves the separation agreement, so the divorce is final about 120 days after approval. In a one-spouse no-fault case (Section 1B), the hearing cannot be held until at least six months after the complaint is filed, followed by the 90-day nisi period. Mass. Gen. Laws ch. 208, §§ 1A, 1B, 21 |
| Michigan | No testimony can be taken to finish a divorce until 60 days after the complaint is filed. If there are dependent minor children under 18, the waiting period is 6 months from filing, although the court may shorten it to no less than 60 days in cases of unusual hardship or compelling necessity. MCL 552.9f |
| Minnesota | The statutes reviewed set no general waiting period after filing. In the summary dissolution process, the court administrator enters the decree 30 days after the joint declaration is filed. If one spouse contests that the marriage is broken, the court needs evidence of 180 days of living apart before filing or serious marital discord. Minn. Stat. §§ 518.195, 518.13 |
| Mississippi | A complaint for divorce on the ground of irreconcilable differences must be on file for 60 days before it can be heard. The statutes reviewed set no waiting period for fault-based divorces. Miss. Code Ann. § 93-5-2(4) |
| Missouri | A judgment of dissolution cannot be entered until at least 30 days have passed since the petition was filed. RSMo § 452.305.1(1) |
| Montana | When one spouse files, the other must be served and has 21 days to respond; a decree may not be entered until 21 days after service. In a summary dissolution, the hearing is held after 20 days from the filing of the joint petition. A decree is final when entered, subject to appeal. Mont. Code Ann. §§ 40-4-105(3), 40-4-108(1), 40-4-133 |
| Nebraska | A divorce case cannot be heard or tried until 60 days after the other spouse is served (or files a voluntary appearance). According to the court's self-help page, the decree is not final for 30 days after the judge signs and files it, and neither spouse may remarry until six months and one day after the decree is signed and filed. Neb. Rev. Stat. § 42-363; Nebraska Judicial Branch, Simple Divorce - No Children |
| New Jersey | New Jersey's divorce statutes set time requirements within the grounds rather than a separate cooling-off period: irreconcilable differences must have lasted at least six months, separation must have lasted at least 18 months, and a complaint based on extreme cruelty cannot be filed until 3 months after the last act of cruelty claimed. N.J.S.A. 2A:34-2 |
| New Mexico | The courts' self-help page lists no waiting period other than the 6-month residency requirement. The other spouse has 30 days after being served to respond, and the divorce is not final until the judge signs the Final Decree of Dissolution of Marriage. New Mexico Courts Self-Representation: Divorce |
| North Carolina | Spouses must have lived separate and apart for one year before an absolute divorce can be granted on the separation ground; the statute does not require that the grounds have existed for an additional six months before filing in a one-year separation case. N.C. Gen. Stat. §§ 50-6, 50-8 |
| North Dakota | The courts' self-help page lists no waiting period other than the six-month residency requirement. After being served, the other spouse has 21 days to respond. North Dakota Legal Self Help Center, Divorce |
| Ohio | A divorce cannot be heard and decided until 42 days after the other spouse is served (or 28 days after the last publication of notice). In a dissolution, both spouses must appear in court no less than 30 and no more than 90 days after the petition is filed. Ohio Civ.R. 75(K); Ohio Rev. Code 3105.64 |
| Oklahoma | In a divorce involving minor children, the court cannot issue a final order until at least 90 days after the petition is filed. The court may waive this for good cause if neither party objects, or may finalize earlier if the parties voluntarily attend marital or family counseling and the court finds reconciliation unlikely. The 90-day rule does not apply to divorces based on certain fault grounds, such as abandonment, extreme cruelty, habitual drunkenness, felony imprisonment and certain child abuse findings. After a divorce, neither party may marry someone else until six months after the decree. 43 O.S. 107.1; 43 O.S. 127 |
| Oregon | Chapter 107 does not set a general mandatory waiting period before a divorce judgment. The marriage ends when the court signs the judgment of dissolution. ORS 107.115(2) |
| Pennsylvania | For a mutual consent divorce, at least 90 days must pass after the action is filed before the divorce can be granted. For an irretrievable breakdown divorce without consent, the spouses must have lived separate and apart for at least one year; if the court finds a reasonable prospect of reconciliation, it continues the case for 90 to 120 days and requires counseling if requested. 23 Pa.C.S. 3301(c), (d) |
| Rhode Island | A divorce judgment does not become final until three months after the trial and decision. The final judgment may then be entered on request of the prevailing party within the following 180 days; after that it must be entered in open court on motion or written consent. For divorces based on three years' separation, final judgment cannot be entered until 20 days after the decision. The Family Court's Guide and File page says the Decision Pending Entry of Final Judgment must be filed within 30 days of the decision date and the Final Judgment cannot be filed until three months after it. R.I. Gen. Laws 15-5-23; 15-5-3(b); Rhode Island Family Court, Guide and File |
| South Carolina | No reference to a master may occur until two months after the complaint is filed, and no final divorce decree may be granted until three months after filing. For divorces based on desertion or one year's separation, the hearing may be held and the decree issued once responsive pleadings are filed or the defendant is in default, whichever is sooner. The judge must also state that reconciliation was attempted and failed. S.C. Code 20-3-80; 20-3-90 |
| South Dakota | A divorce or separate maintenance action cannot be heard or decided until at least 60 days after the summons and complaint are served. Temporary orders can be issued during the waiting period. If the court sees a reasonable possibility of reconciliation in an irreconcilable differences case, it may continue the case for up to 30 days. SDCL 25-4-34; 25-4-17.2 |
| Tennessee | A divorce complaint must be on file for 60 days before it can be heard if the parties have no unmarried child under 18, and at least 90 days if they do. The period starts on the date the complaint is filed. Tenn. Code Ann. 36-4-101(b); 36-4-103(c) |
| Texas | A court generally may not grant a divorce before the 60th day after the date the divorce was filed. The waiting period does not apply if the other spouse was convicted of, or received deferred adjudication for, family violence against the filing spouse or a household member, or if the filing spouse has an active protective order or emergency protective order based on family violence during the marriage. No waiting period applies to an annulment. Tex. Fam. Code § 6.702 |
| Utah | The court may not enter a divorce decree until 30 days after the petition is filed, unless the court finds extraordinary circumstances. Either party may file a Motion to Waive Divorce Waiting Period, which is not granted automatically. The decree generally becomes final when signed and entered, unless the court sets a later date (no more than six months). Utah Code §§ 81-4-402(3), 81-4-406; Utah State Courts, Divorce Waiting Period page |
| Vermont | There is no separate waiting period after filing beyond the residency rules (one year of residence by the final hearing) and, for the no-fault ground, six months of living apart. A divorce decree is first a "decree nisi" and becomes absolute 90 days after it is entered, unless the court sets an earlier date. If a party dies during the nisi period, the decree is treated as absolute immediately before death. 15 V.S.A. §§ 554, 551(7), 592 |
| Virginia | Virginia has no separate waiting period after filing. Instead, the grounds themselves require time: one year of separation (six months with a separation agreement and no minor children) for a no-fault divorce, and one year from the act of cruelty, desertion or abandonment for those fault grounds. A divorce from bed and board can be filed without a waiting period, but a final divorce is granted only under § 20-91. Va. Code §§ 20-91, 20-95 |
| Washington | The court cannot proceed to enter a divorce until 90 days have passed since both the petition was filed and the summons was served on the respondent (or first published). The decree is final when entered, subject to appeal. RCW 26.09.030, 26.09.150 |
| West Virginia | The statutes reviewed set no mandatory cooling-off period after filing. The respondent generally has 20 days after service (30 days after first publication, if served by publication) to file an answer. A divorce for irreconcilable differences requires the respondent's answer admitting them, and the one-year separation ground requires a year of living apart. If no issues are disputed, the court may make the first hearing the final hearing if both parties agree. Supreme Court of Appeals of West Virginia, Petitioner's Divorce Packet Instructions (SCA-FC-100); W. Va. Code §§ 48-5-201, 48-5-202 |
| Wisconsin | A divorce or legal separation cannot go to final hearing or be granted until 120 days after the summons and petition are served on the respondent, or 120 days after a joint petition is filed, unless the court orders an immediate hearing for an emergency, such as to protect the health or safety of a spouse or child. The divorce is effective when granted, but it is unlawful for either party to remarry until 6 months after the judgment. Wis. Stat. §§ 767.335, 767.35(3) |
| Wyoming | A divorce decree cannot be entered less than 20 days after the complaint is filed. A spouse served in Wyoming has 20 days to respond to the complaint. Wyo. Stat. § 20-2-108; Wyoming Judicial Branch, Plaintiff's Family Law Information and Instructions (DIVCP 03) |
General legal information, not legal advice. Laws change and local rules can differ; check the linked official source or talk to a lawyer about your situation.