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.
What is the Waiting Period to Apply?
On average, the waiting period to apply for a divorce is one year. However, many states have implemented a new law stating couples must be separated for a period of one year before applying for a divorce. This allowed for a new category to be utilized for insurance claims and legal documents. This law is implemented for those couples who are not married or divorced.
In other states, the waiting period can be up to two years, while others have either no waiting period or a three month waiting period such as Pennsylvania. Even if you have already been separated for months or years, the waiting period does not begin until the paperwork is filed by an attorney.
What is the Waiting Period to Re-Marry?
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There is also a waiting period you will have to go through to re-marry once you divorce. Now, many people date while they are separated and may find that special someone; but to marry that person, you will need to wait the appropriate time. This waiting period varies state to state, and it’s wise to check with your local government to make sure the laws have not changed.
The average wait time ranges from – no waiting period at all in California and Arizona, a 60 day wait period in Alabama and six months in Wisconsin. Florida has a stipulation you must have completed a marriage preparation course at least 12 months before marriage. Most states do not have a waiting period at all; except when waiting for the marriage license. Ranging for the most part from 24 hours to about a month.
Of course, the reason for most waiting periods is to have a ‘cooling off period. Many times, a couple will separate and even apply for divorce, only to reconcile not long after – creating a lot of extra paperwork for the courts. It takes time and effort to find out if such a final solution is what is called for. The laws are written to protect the couple and make sure they have exhausted every avenue in repairing what might be broken.
Marcy Burlock is an establish writer with wide range of interest including divorce topic.. She loves to share and provide more lessons about Free Divorce Kits and Divorce Waiting Period on Clivir.com.