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Waiting
Periods for Divorce
Every state has a waiting period
between the time that you separate and the time that you are
eligible to file for divorce. The shortest waiting period is six weeks
in the State of Nevada. The longest waiting period is usually
one year from the time of separation in order to secure a
divorce based on mutual consent.
Under each ground for an absolute divorce,
there is a provision for when you can bring the lawsuit against your spouse
to the court. However, in most states, if you claim that your spouse committed adultery,
you can bring the action for absolute divorce at any time.
As long as you can fulfill the residency requirement (discussed in the
residency section) there is no time limit when claiming adultery. In a
claim of desertion, however, you may have a time-limit problem. Whether
the desertion was actual or constructive, you often must wait a year after
the event of desertion before you file for an absolute divorce.
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