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 Virginia, the law requires a separation period before a divorce can be finalized. For couples without minor children and with a separation agreement in place, the required separation period is six months. For those with minor children, the separation period is one year. This separation period is intended to give spouses time to reconcile if possible. If the spouses resume living together during this period, it may reset the separation clock. Additionally, Virginia has a residency requirement for divorce; at least one spouse must have been a resident of the state for a minimum of six months prior to filing for divorce. It's important to note that the specific requirements may vary depending on the circumstances of the divorce, and consulting with an attorney for personalized legal advice is recommended.