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Some states impose mandatory waiting periods when parties file divorce. The
specific waiting periods for divorces differ among states, but the range of time
for waiting periods is usually six months to more than a year. What is the
purpose of a divorce waiting period and what are the requirements by state?
The legislative and policy purposes behind mandatory waiting periods are to
ensure that couples are sure of their intentions to terminate marriage. As
mentioned above, most waiting periods run six to twelve months, but the time
period can be increased if issues or problems in the divorce have not been
settled or resolved. Some states have considered lengthening waiting periods
for divorce, particularly when a couple has children. (Proponents of legislation
to increase mandatory divorce waiting periods point to higher divorce rates in
jurisdictions where waiting periods are shorter.)
Separation
Most states require couples to undergo a separation
(http://www.attorneys.com/divorce/is-marital-separation-an-option/) period
before they can obtain a divorce in instances when the divorce is based on
fault. However, in no-fault divorces, the majority of states do not impose a
mandatory period of separation for a couple prior to being able to file. Other
states mandate separation periods prior to filing divorce or require separation
before the court will issue a divorce decree (http://www.attorneys.com
/divorce/four-things-to-do-after-receiving-your-divorce-decree/).
Requirements by State
The mandatory waiting periods required before filing divorce or receiving a
decree in each state are as follows:
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