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.
Waiting to Apply for a Divorce
The general waiting period for applying for a divorce is one year, as many states have adopted a new law which requires legal separation for one year before actually applying for a divorce. This law was adopted to be use for legal documents and insurance claims for those who are not married or divorced.
There are states where there is an even longer wait; up to two years long. On the other hand, some states have either no waiting period, or one of only three months or so; like Pennsylvania. The waiting period will start as soon as legal papers are filed with their attorney. It doesn't matter if you have been living apart for months or even years before filing. The actual legal waiting time begins once you file.
Waiting to Re-Marry After a Divorce
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.
Every states laws are put in place to protect couples as well as allow them the opportunity to have a "cooling off" period. It is often seen that many couples separate, file for divorce, only to reconcile later. This creates unnecessary paperwork for the courts as well as wasting money and resources. Having these waiting periods ensures that couples have exhausted all avenues to rectify their differences before making this final life changing decision.
Waiting to Apply for a Divorce
The general waiting period for applying for a divorce is one year, as many states have adopted a new law which requires legal separation for one year before actually applying for a divorce. This law was adopted to be use for legal documents and insurance claims for those who are not married or divorced.
There are states where there is an even longer wait; up to two years long. On the other hand, some states have either no waiting period, or one of only three months or so; like Pennsylvania. The waiting period will start as soon as legal papers are filed with their attorney. It doesn't matter if you have been living apart for months or even years before filing. The actual legal waiting time begins once you file.
Waiting to Re-Marry After a Divorce
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.
Every states laws are put in place to protect couples as well as allow them the opportunity to have a "cooling off" period. It is often seen that many couples separate, file for divorce, only to reconcile later. This creates unnecessary paperwork for the courts as well as wasting money and resources. Having these waiting periods ensures that couples have exhausted all avenues to rectify their differences before making this final life changing decision.
About the Author:
Marcy Burlock is an establish writer with wide range of interest including divorce topic.. She loves to share and provide more lessons about Free Do-it-yourself Divorce and Re-Marry Period After a Divorce on Clivir.com.
