If you’re thinking about filing for divorce in Florida, it’s important to understand the state’s legal requirements before you begin. Every state has its own divorce laws, and Florida is no exception. One key factor to keep in mind is the mandatory waiting period between filing and finalizing your divorce. And that is just one piece of the puzzle. Other factors can influence how long your divorce process will take.
Understanding Florida’s Divorce Waiting Period
Under Florida Statute § 61.19, there is a mandatory waiting period of at least 20 days from the date of filing a divorce petition until a judge can finalize it. This rule ensures that both parties have time to consider whether divorce is the right decision and how it might impact them. However, the court can waive that requirement under certain circumstances.
When Can the Waiting Period Be Waived?
Although it is rare, a judge may agree to waive the waiting period if one spouse can demonstrate an urgent need. Circumstances that could warrant a waiver include
- Domestic violence and safety
- Financial hardship
- Medical emergencies
- A military deployment
However, waivers are granted at the court’s discretion and are not guaranteed.
Schedule your free meeting with our team today to see if our Lawyers can help you.
The Waiting Period Isn’t the Only Thing That Will Impact Your Divorce Timeline in Florida
The 20-day waiting period is only one factor that can impact how long a divorce can take in Florida. Other factors such as residency, cooperation, parenting class requirements, mandatory financial disclosures, and court scheduling and backlogs can also impact the actual time it takes to finalize a divorce.
How Long Have You Been a Resident of Florida?
Florida has residency requirements that ensure the state has legal jurisdiction over your divorce proceedings.
To file for divorce in Florida, you and/or your spouse must have been a resident of the state for at least six months before filing. Filing for divorce without meeting state residency requirements means the court will likely dismiss your case, which means you will have to wait until you meet the requirement and restart the process.
Is Your Divorce Contested or Uncontested?
How friendly and cooperative is your divorce? Even though Florida is a no-fault divorce state, that doesn’t mean all divorces will be amicable and resolved quickly. And this can have a serious impact on the time it will take to finalize it.
If both you and your spouse can agree on all terms of your divorce, such as property division, child custody, child support, and spousal support (an uncontested divorce), the divorce process can move far more quickly. Many uncontested divorces in Florida can be resolved in as little as a month or two after filing, provided there are no complications. However, if you and your spouse disagree on key issues (a contested divorce), it will involve more time for negotiations, mediation, or a court trial.
Mandatory Financial Disclosures
Because Florida is an equitable distribution state, Florida law requires you and your spouse to complete a Family Law Affidavit that summarizes each party’s financial situation. This ensures that all your assets, income, debt, and expenses are disclosed, helping you and the courts make fair decisions on property division, spousal support, child support, and other financial obligations. It also prevents one spouse from hiding income or assets from the other to manipulate the divorce’s outcome. These disclosures must be completed within 45 days of serving the divorce petition.
Parenting Classes for Couples with Children
If you and your spouse have minor children, Florida law requires both of you to complete the Parent Education and Family Stabilization Course before your divorce can be finalized. This 4-hour class must be completed in person or online before the court will agree to your divorce. A certificate is issued, and you must file it with the court as proof of completion.
How Can You Expedite Your Florida Divorce?
While the 20-day waiting period is mandatory, there are ways you can expedite your divorce process.
- Pursue an uncontested divorce, if possible. The more disagreement between you and your spouse, the longer and more expensive your divorce will be, especially if it goes to litigation.
- Gather all your financial documents and paperwork beforehand and make sure they are comprehensive and accurate. Missing documents cause unnecessary delays.
- Take your parenting class early, if required.
- Consider Florida’s streamlined process for divorce.
What is Florida’s Simplified Divorce Process?
In Florida, Simplified Dissolution of Marriage is a streamlined divorce option that allows spouses to divorce more easily, without a lengthy court process.
To file for a Simplified Dissolution of Marriage, you and your spouse must agree to all of the following conditions:
- At least one spouse has lived in Florida for at least six months before filing.
- Both spouses agree that the marriage is irretrievably broken.
- There are no minor or dependent children from the marriage and neither spouse is pregnant.
- Both spouses agree on how they are dividing their marital assets and debts and sign a marital settlement agreement, if necessary.
- Neither spouse is seeking spousal support.
- Both spouses agree to sign and file a Petition for Simplified Dissolution of Marriage together at the county circuit court where either of them lives.
- Both spouses agree to attend the final court hearing. The judge will review the petition and ensure both parties consent to the divorce before signing the Final Judgement of Dissolution of Marriage.
In many cases, this simplified process takes as little as 30 days. However, if you and your spouse don’t meet these criteria, or if there are any disputes, you must file for a traditional contested or uncontested divorce.
Click to contact our family lawyers today
When Should You Seek a Divorce Attorney in Tampa, Florida?
In Florida, no-fault grounds and the ability to file a simplified divorce option can streamline divorce processes that would normally take months to complete. However, not everyone is eligible for the simplified divorce version. If your case involves minor children, alimony requests, property disputes, or an uncooperative spouse, you must follow the standard divorce process, which can be complex and time-consuming.
If you are pursuing a divorce in Florida, you should consider seeking legal representation if
- Your spouse is contesting the divorce
- There are serious disagreements over your marital property, finances, or debts,
- If you have minor children and custody needs to be determined
- If you are seeking spousal support
- If you want to ensure your rights and interests are protected
Even if you are considering a simplified divorce, having legal guidance ensures you fully understand your legal rights and options so you can prevent costly mistakes.
The experienced Tampa family law attorneys at Melone Hatley, P.C. are here to help. Whether you are considering a streamlined divorce or need skilled representation in a contested case, our team is dedicated to protecting your rights and securing your future. Contact Melone Hatley, P.C. at 813-400-1602 for a free consultation with one of our Client Services Coordinators and take the first step toward resolving your Florida divorce with confidence.
Schedule a call with one of our client services coordinators today.
