What is the timeline from being separated until You Can Get a Divorce in Florida

People ask divorce timeline questions because the Florida Statutes are relatively silent on whether you can file for divorce right away. The answer (in general) is that there is no set period of time between when a couple separates and when they can file/petition for divorce. In most cases, the timing of your filing affects the issues in the case, such as alimony, equitable distribution, timesharing with the children, and child support in a dissolution of marriage action. The better question, which is governed by Florida law, is how long do you have to live in Florida before you can get a divorce? The answer appears simple, but a two-part analysis is required. Call  Brandon Legal Group at (813) 902-3576 for representation in your uncontested or contested divorce, or e-mail us at service@brandonlegalgroup.com for assistance with your divorce or family law case.

How Long Must You Live In Florida Before Filing For Divorce?

Some marriages last for a short period of time (days, weeks, or months), while others may last for years or decades. There is no requirement in the Florida Family Law Rules that the spouses be separated for days, weeks, months, or years before filing for divorce. Florida is a no-fault divorce state, meaning that many of the roadblocks to divorce that other states experience, do not exist in Florida. You can file for divorce or annulment at any time after you marry. After you file your petition, there may be a 20-day waiting period before a family judge grants your divorce (one of the many technicalities in the Florida Family Law Rules of Procedure). However, in divorce cases, there is always the issue of jurisdiction.

Florida Statute 61.021 provides a succinct answer to our divorce timeline question: “To obtain a dissolution of marriage, one of the parties to the marriage must reside in the state for six months prior to the filing of the petition.”   Only ONE of the married parties must have lived in Florida for six months prior to filing for divorce. This means that if one spouse has lived in Florida for 6 months or longer and the other spouse has moved to another state or has never lived in Florida at all, the party residing in Florida is likely to be successful in petitioning the Florida court for a dissolution of marriage. This jurisdiction rule applies even if your divorce is uncontested.

Click on any of Brandon Legal Group’s links for more information on topics such as Florida divorce, Florida alimony, child support, child support health care, Florida parenting plans, and other family law topics.

Call our divorce lawyers in Brandon today at (813) 902-3576 or send us an email at service@brandonlegalgroup.comfor assistance with your divorce or family law case.

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