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How Long Do We Have To Be Separated To File For Divorce In Florida?


The decision to file for divorce is not an easy one. However, you may not be able to get a divorce immediately after deciding to end your marriage. Many states require couples to be separated for a certain period of time – usually between 6 months to a year – before filing for divorce.

So, how long do you have to be separated to initiate the divorce proceedings in Florida? If you wish to end your marriage, speak with an Orlando divorce attorney at Donna Hung Law Group to help you navigate the divorce process in Florida.

Does Florida Have a Mandatory Waiting Period for Divorce?

Many states require a mandatory waiting period when filing for divorce. The waiting period varies from one state to another. Typically, the waiting period ranges from six months to a year.

But why do many states require a mandatory waiting period? The main goal of imposing a waiting period is to give the parties enough time to decide whether they actually want to end their marriage.

Many states also require spouses to be separated for a certain period of time before filing divorce papers. A couple must live separately and apart to file for divorce.

However, Florida does not require a waiting period or separation before filing for divorce. The only requirement to get a divorce is that at least one of the parties must reside in the state for at least half a year before filing for divorce.

Florida Law Has a Residency Requirement

While Florida law does not require couples to wait or be separated a certain period of time before getting a divorce, the spouses need to meet the residency requirements outlined in Fla. Stat. § 61.021.

Under Florida law, at least one of the spouses must reside in Florida for six or more months before filing for divorce. Note: You can file a petition for divorce even if one of you has not lived in Florida for six months prior to the filing.

Thus, Florida courts care more about how long the spouses lived in the state rather than how long the spouses have been separated before filing for divorce.

How Long Does It Take to Get a Florida Divorce?

The time it takes to finalize a divorce depends on multiple factors, including:

  • Is the divorce contested or uncontested?
  • Does your divorce involve children and/or complex assets?
  • Do you and your spouse agree on all or almost all of the issues?
  • Are both spouses willing to compromise to reach a mutually beneficial agreement?
  • Are you represented by an experienced divorce attorney?

A skilled attorney can help you navigate the divorce process in Florida to ensure you receive the best possible outcome. Schedule a consultation with our divorce lawyer at Donna Hung Law Group to discuss your particular case.

Our attorneys will help you ensure that you meet all of the requirements to file for divorce in Florida. Call 407-999-0099 for a case review.