Requirements by State
The mandatory waiting periods required before filing divorce or receiving a decree in each state are as follows:
- Thirty-four states (Alabama, Alaska, Arizona, California, Colorado, Florida, Georgia, Hawaii, Idaho, Indiana, Iowa, Kansas, Maine, Massachusetts, Michigan, Minnesota, Mississippi, Missouri, Nebraska, New Hampshire, New Mexico, New York, North Dakota, Oklahoma, Oregon, Pennsylvania, Rhode Island, South Dakota, Tennessee, Texas, Utah, Washington, Wisconsin, and Wyoming) have no specific statutory requirements for waiting periods prior to filing for divorce.
- Kentucky requires a 60-day waiting period to receive a divorce decree.
- District of Columbia requires a six-month waiting period before a couple can file divorce.
- Louisiana and Montana require 180-day waiting periods before couples can file divorce.
- Four states (Delaware, Illinois, Vermont, and Virginia) require six-month waiting periods before couples can receive divorce decrees.
- Maryland and Nevada require one-year waiting periods before allowing couples to file divorce.
- North Carolina requires one year of separation before allowing a couple to file divorce.
- Three states (Ohio, South Carolina, and West Virginia) require one-year waiting periods before allowing couples to receive divorce decrees.
- Connecticut requires an 18-month waiting period before allowing a couple to file divorce.
- Arkansas and New Jersey require 18-month waiting periods before allowing couples to receive divorce decrees.