Divorce Waiting Periods by State
A divorce waiting period is a minimum amount of time that must pass before a court can grant a final divorce. State law sets when the clock starts, often on the date the petition is filed or the date the other spouse is served. Not every state sets one. Where a waiting period exists, it usually applies even when both spouses agree on every issue, and the court cannot sign the final decree before it ends.
50 states and DC compared. Last checked .
At a glance
- Waiting period: range
- 20 days to 180 days
- Across the 28 jurisdictions with a single statewide figure.
- Covenant marriage
- 3 of 3
- States and DC where the answer is yes.
Compare divorce waiting periods
Separately, some states require spouses to live apart for a set time before they can file for, or be granted, a no-fault divorce. Other states have no separation requirement at all. A few states also offer covenant marriage, an optional form of marriage that adds longer waiting or separation periods and limits the grounds for divorce. This guide compares these rules state by state.
51 of 51 shown
| Separation required | Sources | |||
|---|---|---|---|---|
| ALAlabama | 30 days after filing | NoIrretrievable breakdown and incompatibility are grounds that do not require living apart. | Not listed | |
| AKAlaska | Not listed | NoIncompatibility of temperament is a divorce ground with no separation period. | Not listed | |
| AZArizona | 60 days after service | No (standard marriage)A standard divorce requires a finding that the marriage is irretrievably broken. Covenant marriages have stricter grounds, including separation periods. | Yes | |
| ARArkansas | 30 days after filing | Yes, 18 months (no-fault ground)Living separate and apart for 18 continuous months without cohabitation is a ground for divorce that does not require fault; the other grounds are fault based. | Yes | |
| CACalifornia | 6 months after service | NoIrreconcilable differences that caused the irremediable breakdown of the marriage are a ground for dissolution. | Not listed | |
| COColorado | 91 days after service or appearance | NoThe court must find that the marriage is irretrievably broken. | Not listed | |
| CTConnecticut | 90 days after return date if contested | NoIrretrievable breakdown is a ground. Living apart for 18 months due to incompatibility is a separate optional ground. | Not listed | |
| DEDelaware | Not listed | Yes, 6 monthsSeparation can happen under the same roof if spouses use separate bedrooms and have no sexual relations. No separation period applies when separation is caused by misconduct. | Not listed | |
| DCDistrict of Columbia | Decree takes effect 30 days after docketing | NoUnder the current text of D.C. Code 16-904, a divorce may be granted when one or both parties assert that they no longer wish to remain married. | Not listed | |
| FLFlorida | 20 days after filing | NoA divorce requires that the marriage be irretrievably broken or mental incapacity of one spouse. | Not listed | |
| GAGeorgia | 30 days after service | NoThe irretrievably broken ground has no separation requirement. | Not listed | |
| HIHawaii | Not listed | NoLiving apart for 2 years or more is an alternative ground, but not required when the marriage is irretrievably broken. | Not listed | |
| IDIdaho | 21 days after filing and service | NoIrreconcilable differences is a ground for divorce. | Not listed | |
| ILIllinois | Not listed | No, 6 months apart proves the groundLiving apart for at least 6 continuous months before judgment proves irreconcilable differences, but it is not required. | Not listed | |
| INIndiana | 60 days after filing | NoIrretrievable breakdown of the marriage is a ground for dissolution. | Not listed | |
| IAIowa | 90 days after service | NoThe court must find a breakdown of the marriage relationship. | Not listed | |
| KSKansas | 60 days after filing | NoIncompatibility is a ground for divorce. | Not listed | |
| KYKentucky | 60 days of living apart before decree | Yes, 60 daysLiving under the same roof without sexual cohabitation counts as living apart. | Not listed | |
| LALouisiana | 180 days after service (365 with minor children) | Yes, 180 days (365 with minor children)Spouses must live separate and apart continuously for the period, either before the rule to show cause (Art. 102) or before filing (Art. 103). | Yes | |
| MEMaine | 60 days after filing | NoNo separation period is listed for the irreconcilable marital differences ground. | Not listed | |
| MDMaryland | Not listed | No, 6 months apart is one groundIrreconcilable differences and mutual consent need no separation; separation can count while living under the same roof. | Not listed | |
| MAMassachusetts | 120 days after approval (uncontested) | NoDivorce on irretrievable breakdown does not require living apart. | Not listed | |
| MIMichigan | 60 days after filing (6 months with minor children) | NoDivorce is granted on breakdown of the marriage relationship; no separation period is required. | Not listed | |
| MNMinnesota | Not listed | No, 180 days apart is one way to prove breakdownOnly needed as evidence if a spouse denies the marriage is irretrievably broken; serious marital discord also qualifies. | Not listed | |
| MSMississippi | 60 days after filing | NoIrreconcilable differences divorce needs a joint complaint or personal service, not a separation period. | Not listed | |
| MOMissouri | 30 days after filing | No, 12 to 24 months apart is one way to prove breakdownIf a spouse denies the breakdown, 12 months apart by mutual consent or 24 months apart is one way to prove it. | Not listed | |
| MTMontana | 21 days after service | No, 180 days apart is one way to prove breakdownSerious marital discord is an alternative to living apart for more than 180 days. | Not listed | |
| NENebraska | 60 days after service | NoDivorce is based on a finding that the marriage is irretrievably broken; no separation period is listed. | Not listed | |
| NVNevada | Not listed | No, 1 year apart is one groundIncompatibility is an alternative ground with no separation period. | Not listed | |
| NHNew Hampshire | Not listed | NoThe irreconcilable differences ground has no separation period. | Not listed | |
| NJNew Jersey | Not listed | No, 18 months apart is one groundIrreconcilable differences for 6 months is an alternative ground with no separation period. | Not listed | |
| NMNew Mexico | Not listed | NoNo separation period is listed for the incompatibility ground. | Not listed | |
| NYNew York | Not listed | NoIrretrievable breakdown for at least 6 months is a ground with no separation period. Living apart 6 months or more under a written separation agreement or judgment is an alternative ground. | Not listed | |
| NCNorth Carolina | Not listed | Yes, 1 yearIsolated incidents of sexual intercourse do not restart the one-year period. | Not listed | |
| NDNorth Dakota | Not listed | NoIrreconcilable differences is a no-fault ground; fault grounds also exist. | Not listed | |
| OHOhio | 42 days after service (30 days for dissolution) | No, unless incompatibility is deniedLiving apart without cohabitation for 1 year is a separate ground; incompatibility applies unless either spouse denies it. | Not listed | |
| OKOklahoma | 90 days after filing if minor children | NoIncompatibility is a ground for divorce with no separation period. | Not listed | |
| OROregon | Not listed | NoIrreconcilable differences are the ground for dissolution. | Not listed | |
| PAPennsylvania | 90 days after filing (mutual consent) | No with mutual consent, 1 year withoutThe one-year separation applies to the irretrievable breakdown ground when one spouse does not consent. | Not listed | |
| RIRhode Island | 3 months after decision | NoIrreconcilable differences is a no-fault ground; living apart 3 years is a separate ground. | Not listed | |
| SCSouth Carolina | 3 months after filing | Yes, 1 yearLiving separate and apart without cohabitation for 1 year is the no-fault ground. | Not listed | |
| SDSouth Dakota | 60 days after service | NoIrreconcilable differences is a ground for divorce. | Not listed | |
| TNTennessee | 60 days after filing (90 with minor children) | NoIrreconcilable differences is a ground; 2 years in separate residences with no minor children is a separate ground. | Not listed | |
| TXTexas | 60 days after filing | NoInsupportability is a no-fault ground; living apart 3 years is a separate ground. | Not listed | |
| UTUtah | 30 days after filing | NoIrreconcilable differences is a ground; 3 years apart under a separate maintenance decree is a separate ground. | Not listed | |
| VTVermont | 90 days after decree | Yes, 6 monthsLiving apart for 6 consecutive months is the no-fault ground, with a finding that resuming the marriage is not reasonably probable. | Not listed | |
| VAVirginia | Not listed | Yes, 1 year (6 months in some cases)Six months if there are no minor children and the spouses have a separation agreement. | Not listed | |
| WAWashington | 90 days after filing and service | NoThe court decides whether the marriage is irretrievably broken. | Not listed | |
| WVWest Virginia | Not listed | No if irreconcilable differences are admitted, else 1 yearVoluntary separation requires 1 year in separate places of abode without cohabitation. | Not listed | |
| WIWisconsin | 120 days after service or joint filing | NoLiving apart 12 months lets one spouse alone establish the marriage is irretrievably broken. | Not listed | |
| WYWyoming | 20 days after filing | NoIrreconcilable differences in the marital relationship is the ground for divorce. | Not listed |
General information, not legal advice. Laws change, and cities can add their own rules, so check the current statute before you rely on it.
What this means in practice
A waiting period is a minimum, not an estimate. Contested issues such as property division, support or custody, court schedules and missing paperwork can make a divorce take much longer than the statutory minimum.
Separation rules can depend on how the state defines living apart. Some states count time spent separated under the same roof, while others require separate homes. Keeping a record of the date the separation began, such as a written separation agreement or a lease, can help show when the period started.
Spouses can often use the waiting period to negotiate a written settlement covering property, debts, support and parenting time. A settlement agreement that is ready when the waiting period ends can help the court finalize the divorce sooner, and a local attorney can confirm the filing requirements.
Divorce Waiting Periods: state by state
- Alabama
- Alaska
- Arizona
- Arkansas
- California
- Colorado
- Connecticut
- Delaware
- District of Columbia
- Florida
- Georgia
- Hawaii
- Idaho
- Illinois
- Indiana
- Iowa
- Kansas
- Kentucky
- Louisiana
- Maine
- Maryland
- Massachusetts
- Michigan
- Minnesota
- Mississippi
- Missouri
- Montana
- Nebraska
- Nevada
- New Hampshire
- New Jersey
- New Mexico
- New York
- North Carolina
- North Dakota
- Ohio
- Oklahoma
- Oregon
- Pennsylvania
- Rhode Island
- South Carolina
- South Dakota
- Tennessee
- Texas
- Utah
- Vermont
- Virginia
- Washington
- West Virginia
- Wisconsin
- Wyoming
Frequently asked questions
What is a divorce waiting period?
It is the minimum time state law requires between a step in the case, usually filing or service, and the final divorce decree. The court cannot finalize the divorce before the period ends, even if both spouses agree.
Is a waiting period the same as a separation requirement?
No. A waiting period runs after the divorce case is started. A separation requirement is time the spouses must live apart, often before they can file or before a no-fault divorce can be granted. A state can have one, both or neither.
Can a divorce waiting period be waived?
It depends on the state. Some statutes allow a court to shorten or waive the waiting period in limited situations, such as family violence, while others list no exceptions, and some states set no fixed waiting period. Check the rule for your state.
What is a covenant marriage?
A covenant marriage is an optional type of marriage offered in a small number of states. Couples agree to premarital counseling and accept stricter divorce rules, such as longer separation periods and fewer grounds for divorce.
Does the waiting period mean my divorce will be final on that date?
Not necessarily. The waiting period is only the earliest point the court can act. The divorce becomes final when the judge signs the decree, which may be later if issues remain unresolved.
Which states have the highest and lowest waiting period?
Among the 28 jurisdictions with a single statewide figure, waiting period ranges from 20 days (Florida and Wyoming) to 180 days (Louisiana). The most common figure is 60 days (11 jurisdictions). Check each state's page for exceptions.
Covenant marriage: which states say yes?
Of the 3 jurisdictions we checked, the answer is yes in 3 jurisdictions, no in 0. Yes: Arizona, Arkansas and Louisiana.