Divorce Waiting Periods by State
Current coverage: the 10 largest US states (≈54% of the US population). Remaining states and DC are added as their data is verified against official sources.
How fast can you legally be divorced? It depends on the state's clock: California makes every couple wait six months; Texas 60 days; Florida just 20; New York and Ohio impose no post-filing wait at all — while North Carolina requires a full year of separation before you may even file. This table compares the operative timing rule in each state.
| State | Waiting period / timing rule | Residency required |
|---|---|---|
| California | 6 monthsfrom service of the petition; not waivable | 6 months in California + 3 months in the county |
| Texas | 60 days from filingwaivable only in family-violence cases | 6 months in Texas + 90 days in the county |
| Florida | 20 days from filingcourt may shorten to avoid injustice | 6 months in Florida |
| New York | Noneno-fault ground requires 6 months of irretrievable breakdown before filing | 2 years — or 1 year with NY connections |
| Pennsylvania | 90 days after servicebefore consent affidavits can be filed (§ 3301(c)) | 6 months in Pennsylvania |
| Illinois | None6 months' separation creates an irrebuttable presumption of irreconcilable differences; not required if both agree | 90 days in Illinois |
| Ohio | None for divorcedissolution hearing set 30–90 days after joint filing | 6 months in Ohio |
| Georgia | 31 days after serviceon the no-fault ground | 6 months in Georgia1 year if residing on a military base |
| North Carolina | 1 year and a day before filing | 6 months in North Carolina |
| Michigan | 60 days — 6 months with minor childrenchildren's wait can be shortened to 60 days for hardship | 180 days in Michigan + 10 days in the county |
Figures verified against official sources on the dates shown on each state page (all 2026-08-24 at launch).
The rules measure different things. Post-filing waiting periods (CA, TX, FL, MI, GA's 31 days) run after you file; separation requirements (NC's 1 year; PA's 1 year when one spouse won't consent) run before. New York's six months of 'irretrievable breakdown' is a grounds element, not a wait. The practical minimum time to a decree combines these clocks with court scheduling — even no-wait states rarely finish faster than a few weeks.
LawLintel provides general legal information, not legal advice. Laws, rules, procedures and fees change and can depend on your specific facts and county. Verify important information with the applicable court or a qualified attorney before acting.