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Is There A Waiting Period During Divorce?


Across the United States, there is different waiting periods after filing for divorce before the divorce will be granted. Some states have no waiting period according to the type of divorce (contested – uncontested), you file. In the majority of cases, the states that have a waiting period range from one month to over a year.  To determine if your state has a waiting period speak to a divorce lawyer in your area.

However, for the states that have a waiting period, this does not mean your divorce will have a waiting period. It all depends of the situation and if you have children. For those that have grounds for divorce or have children, there is often a waiting period in these states.

The main reason that many states are now enforcing a waiting period is that it has been proven that with shorter or no waiting periods, those states have higher divorce rates. Some judges may ask that the couple have counseling during the waiting period before the divorce will be finalized. If you are going through a divorce and wish to have the waiting period waived by the court a divorce lawyer will be able to argue your case and most likely get the waiting period dismissed.

Even if there is a waiting period, during this time a temporary order will be in place allowing the parents to visit with the children. The parent that has temporary custody will have to abide by the temporary as will the other parent with regards to visitation and other issues pertaining to the divorce.

To learn the laws regarding divorce and waiting periods you will need to consult a local divorce lawyer. This is the best way in which to learn your options and your rights in a divorce proceeding.

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