How Long Do You Have to be Separated to Get a Divorce in Florida?

How Long Do You Have to be Separated to Get a Divorce in Florida?

The divorce process can be a long and complicated one, and the length of time it takes to finalize a divorce varies depending on the circumstances of each case. 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.

Separation Requirements

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 a 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.

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:

  • A valid Florida-issued driver’s license.
  • A Florida voter’s registration card.
  • Eye-witness testimony from a third party.

If Residency Has Not Been Established

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.

Divorce Attorneys in Jacksonville

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 online to schedule an initial consultation.


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