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Family law

Waiting period

The minimum time some states require between filing for divorce and the divorce becoming final.[1][2]

In more detail

Texas generally doesn't grant a divorce before the 60th day after the case is filed.[1] In California, the earliest a couple can be divorced is six months after the other spouse was served or responded; legal separation has no waiting period.[2]

Varies by state

Waiting periods range from none to many months, depending on the state. Find your state’s rules.

Related terms

  • Residency requirementHow long at least one spouse must have lived in a state, and sometimes a county, before filing for divorce there.
  • Dissolution of marriageThe legal term in many states, including Florida and California, for divorce: a court judgment ending a marriage.
  • Uncontested divorceA divorce in which the spouses agree on all the issues, such as property, support and children, so a judge doesn't have to decide them.
  • No-fault divorceA divorce granted without either spouse having to prove the other did something wrong.

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Sources

The official documents this definition is based on, with the date we last read each one. Definitions are in our own words.

  1. Tex. Fam. Code ch. 6 (Suit for dissolution of marriage)tcss.legis.texas.govchecked ↩
  2. Legal separationselfhelp.courts.ca.govchecked ↩

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MediationList. (2026, October 28). Waiting period: Definition. https://mediationlist.com/glossary/waiting-period/

APA 7th ed. A retrieval date is included only for pages whose content changes, such as maps, data and tools.