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There is a mandatory separation period before a divorce can be finalized in many states. This period gives the couple time to determine if they want to reconcile or proceed with the divorce.
Do You Have to Be Separated Before Divorce?
In Florida, there is no separation period required before filing for divorce. In a no-fault divorce state, couples can file for divorce as soon as they decide to end their marriage. A spouse only has to give one of two reasons for a divorce to proceed. A divorce can be granted given that marriage is “irretrievably broken” or that one of the spouses has been mentally incapacitated for at least three years.
However, Florida does require that couples meet certain residency requirements before they can file for divorce.
What Are Florida’s Residency Requirements?
According to Florida Statute § 61.021, only one of the parties is required to have resided in the state for at least six months prior to filing for divorce. This residency requirement exists in order to ensure that the court has jurisdiction over the parties to the divorce. Residency can be proven by showing physical evidence that can corroborate your claim of residency. These materials can include:
How to Prove Residency in Florida
- A valid Florida-issued driver’s license.
- A Florida voter’s registration card.
- Eye-witness testimony from a third party.
Can I File for Divorce in Florida if I'm Not a Resident?
Someone who is not a resident of Florida may still have other options if they would like to move forward with a divorce.
Non-residents of Florida Seeking Divorce Can:
- Attempt to file for divorce in a state in which they may still meet residency requirements.
- Have the other spouse file for divorce as long as they are considered residents of Florida.
How Long Does a Divorce Take in Florida?
The divorce process can be a long and complicated one. The length of time it takes to finalize a divorce varies depending on the circumstances of each case. For example, whether the divorce is contested or not will affect the length of the proceedings. Additionally, if the couple has children or their property requires a more complex division, the divorce could take longer. However, it is important to note, that Florida does stipulate that at least 20 days must pass, since the initial petition was filed, before the divorce can be finalized.
Qualified Divorce Attorneys Throughout Florida
At Owenby Law, P.A., our divorce attorneys provide comprehensive legal representation and guidance to clients throughout the state of Florida. We understand that the process of dissolving a marriage can be emotionally and mentally taxing, which is why we are here to help our clients navigate the process as efficiently and effectively as possible.
Call us today at (904) 770-3141 or fill out our form onlineto schedule an initial consultation.