In many states there is a waiting period for finalizing a divorce following the filing of the lawsuit for divorce. This waiting period is intended to allow the spouses to “cool-off” and reconcile if possible. And some states require the spouses to have separated and lived apart for some period of time before proceeding with the divorce. In some states that require such a separation period, if the spouses reconcile and begin living together again (cohabitating) after separating, the separation period must be restarted before the divorce process can proceed.
The waiting period or separation period is often 30-90 days but may be as long as 5-18 months in states such as Arkansas, California, North Carolina, South Carolina, and Vermont. These waiting periods are generally in addition to any minimum time period a spouse must have resided in the county in which the divorce is filed before filing for divorce—known as the residency requirement.
In Hawaii, the state law requires a mandatory waiting period for divorce, which is intended to serve as a 'cooling-off' period to give couples the opportunity to reconcile if possible. Specifically, Hawaii Revised Statutes §580-10 states that there is a minimum waiting period of at least one month from the time the divorce complaint is served upon the other spouse before the court can grant the divorce. This waiting period is shorter than in some other states, which can require waiting periods of several months to over a year. Additionally, Hawaii does not have a statutory requirement for the spouses to live apart for a certain period before filing for divorce. However, the state does have a residency requirement, which mandates that at least one of the spouses must have been domiciled or physically present in the state for a continuous period of at least six months before filing for divorce.