Divorce is an incredibly emotional process, but it is also a legal one. As in all states, couples going through a divorce must meet several legal requirements in Florida. This often only adds confusion to what is already a difficult time. One of the most common questions our family lawyers hear is “How long do you have to be separated to get a divorce in the state of Florida?”
There is no mandatory waiting period for divorce in Florida, so individuals who have lived in the Sunshine State for a long time may not have to wait at all. Those who are newer to the state, though, may have a minimal waiting period due to Florida’s residency requirements.
Florida Does Not Have a Mandatory Waiting Period For Divorce
The majority of states across the country impose waiting periods on when a couple can get a divorce. These waiting periods range anywhere from 20 days to one year. The waiting periods in divorce are intended to give the couple time to reconsider and possibly reconcile. They are meant to help people avoid filing for divorce during a heated argument and then regretting it later. Many states place a longer waiting period on couples who have children to try and protect them from unnecessary legal proceedings.
In Florida, there is no waiting period to file for divorce. If a couple, or even just one party of the couple, decides to get a divorce, the case can be finalized any time after they file. They must resolve all their issues, including property division and child custody time-sharing. Once all terms are agreed upon, whether in or out of court, a divorce can be finalized. Before this, though, at least one party must meet Florida’s residency requirement.
The Residency Requirement in Florida Divorces
The residency requirement in Florida stipulates that at least one of the parties must have lived in the state for at least 6 months before a divorce can be granted. The requirement only applies to one party, and not both.
For example, you may have moved to Florida with your spouse three months ago. Since neither of you has lived in the state for six months, you would have to wait another three months before you can file. If you lived in Florida for a year before your spouse recently came to live with you, you can still file for divorce now, even though your spouse has not resided in the state for six months.
A Divorce Lawyer Can Help You Through the Process
The residency requirement in Florida divorces is one of many legalities associated with the process. There are many more, and one small mistake could cost you your rights. At O’Mara Law Group, our experienced Orlando divorce lawyer will advise you of all the legal aspects of your case, ensure you comply with the law, and help you determine fair child custody timesharing agreements and appropriate alimony. Call us now at 407-634-6604 or fill out our online form to schedule a consultation with one of our skilled attorneys and to learn more about how we can help.
