Divorce: What is the Waiting Period?
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Divorce in the United States is governed by the individual state, not by the federal government. So for the most part, the laws for divorce vary from state to state.
What is the Waiting Period to Apply?
The average waiting time to apply for a divorce is approximately one year. In recent years, states have implemented a new law, requiring couples to be legally separated for the term of one year before applying for a divorce. A new legal category for couples having been separated is now used for legal documents and insurance claims. The term covers couples who are neither legally married nor divorced.
However, there are several states that require a longer wait period which can be as long as two years. In addition, the reverse is true for other states. The wait can be no waiting period, three months such as Pennsylvania. No matter if you have been separated for months or years, the waiting period does not begin until papers are filed with an attorney.
The Waiting Period to Re-Marry
An additional waiting period is one for re-marrying after a divorce. Many people date during separation and it may occur that true love is found, however this waiting period must be adhered to. Each state varies and it is best to check with the local government to ensure this time period has not changed.
The average waiting period for re-marriage varies with there being no wait period in California and Arizona to a 60 day wait period in Alabama and six months in Wisconsin. On average, most states do not have a waiting period other than the wait for a marriage license which is about 24 hours to a month. Furthermore, there are several states that require a marriage preparation course be completed at least one year before marriage.
Of course, the reason for most waiting periods is to have a ‘cooling off period. Many times, a couple will separate and even apply for divorce, only to reconcile not long after – creating a lot of extra paperwork for the courts. It takes time and effort to find out if such a final solution is what is called for. The laws are written to protect the couple and make sure they have exhausted every avenue in repairing what might be broken.
Marcy Burlock is a featured divorce topic writer on Clivir.com where you can find more of her lessons incuding Free Divorce Papers Resources and Ways to Reconcile After a Divorce.
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