Divorce in the United States is state governed, not by the federal government. So for the most part, the laws for divorce varies from state to state.

Waiting to Apply for a Divorce

However, the average waiting time to apply for a divorce is approximately one year. In recent years, states have implemented a new law, requiring couples to be legally separated for the term of one year before applying for a divorce. A new legal category for couples having been separated is now used for legal documents and insurance claims. The term cover couples who are neither legally married nor divorced.

There are states where there is an even longer wait - up to two years long. On the other hand, some states have either no waiting period, or one of only three months or so - like with Pennsylvania. The waiting period will start as soon as legal papers are filed with their attorney. It doesn't matter if you have been living apart for months or even years before filing. The actual legal waiting time begins once you file. .

Waiting to Re-Marry After a Divorce

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 governments 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, accept 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.