Cooling-Off Period
A mandatory waiting period required by some states between filing for divorce and the final decree. It is intended to prevent impulsive decisions.
Understanding Cooling-Off Period
Many states impose a waiting period after a divorce is filed before the court can finalize it. This ranges from none in some states to six months or more in others. The purpose is to allow time for possible reconciliation and to ensure both parties have considered the decision carefully. During the cooling-off period, the divorce process continues — discovery, negotiations, and temporary orders can all proceed. The waiting period runs from filing date, service date, or the date the answer is filed, depending on the state.
Real-World Examples
California requires a six-month cooling-off period, so even if both spouses agree on everything, the earliest the divorce can be finalized is six months after filing.
State-by-State Variations
No waiting period in some states (e.g., Alaska, Georgia). 60 days in many states. California requires 6 months. Some states have longer periods if children are involved.
Related Terms
A court-sponsored process where a neutral third party helps divorcing spouses explore whether reconciliation is possible or, if not, reach an amicable settlement.
Dissolution of MarriageThe legal term for divorce — the formal ending of a marriage by court order. Some states use this term instead of 'divorce' in their statutes.
DecreeThe final court order that officially ends a marriage. Also called a divorce decree, final judgment, or judgment of dissolution of marriage.
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This definition is provided for educational purposes only and does not constitute legal advice. Divorce laws and terminology may vary by state and jurisdiction.
Always consult a licensed attorney in your area for advice specific to your situation.