Abstract
Mandatory separation periods in no-fault divorce neither advance their stated policy goals nor comport with contemporary understandings of marital dynamics, domestic abuse, or child welfare. Although mandatory separation periods are held out as tools to promote reconciliation and deter impulsive divorces, such rationales lack empirical support. Because family law in the United States is determined at the state level, this Article examines state laws that require couples to live apart in varying restrictive capacities before obtaining a no-fault divorce. To that end, this Article presents the first comprehensive 50-state study of such requirements. Research demonstrates that these laws do not correlate with reduced divorce rates, do not measurably produce reconciliation, and may even create perverse incentives that discourage attempts at reconciliation. This Article proposes that mandatory separation periods are both ineffective and harmful. Accordingly, it recommends that states with mandatory separation periods should follow Maryland’s recent example and repeal these requirements. It emphasizes that modern divorce policy must reflect evidence-based understandings of family stability, domestic violence risk, and the urgent need to protect vulnerable spouses and children.
Recommended Citation
Melody Mostow,
How “Cooling Off” Periods Endanger The Vulnerable: A 50-State Study Of Mandatory Separation Periods In No-Fault Divorce,
21
Nw. J. L. & Soc. Pol'y.
87
(2025).
https://scholarlycommons.law.northwestern.edu/njlsp/vol21/iss1/3
