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

How long do you have to be separated to get a divorce in Florida? This is a popular question among clients seeking a divorce/dissolution of marriage in Florida. People ask this question because the Florida Statutes are relatively silent on this specific issue. The answer (generally speaking) is there is no set amount of time between separation of spouses and filing for divorce that the court prescribes. In most cases the timing of your filing is relevant to the issues in the case such as the parties’ alimony, equitable distribution, timesharing with the children and child support in an action for dissolution of marriage. The more appropriate question, that is governed by Florida law, is how long do you have to live in Florida before you can get a divorce? The answer seems easy, but is a two part analysis. Call the Jacobs Law Firm for representation for your uncontested or contested divorce at (407) 335-8113 or e-mail us at admin@jjlawfl.com for the help you need with your divorce or family law case.

How Long Do You Have To Live In Florida Before You Can Get A Divorce?

Some marriages may last for a relatively short period of time (days, weeks, or months) while other marriages may last for years or decades. Let’s ask again, how long do you have to be separated to get a divorce in Florida? There is no specific requirement in the Florida Family Law Rules requiring that the spouses must be separated for weeks or months or years before petitioning for divorce. Partially, this is because Florida is a no fault divorce state. Also, each case presents a unique set of circumstances, which you may already be aware of if you are seeking marital dissolution (dissolution of marriage is the legal title for divorce in Florida). You may petition for divorce or annulment at any time after you are married. Once your petition is filed, in some cases there may be a 21 day waiting period before a judge will grant your divorce (one of the many technicalities in the Florida Family Law Rules of Procedure). However, there is always a question about jurisdiction in divorce cases.

The more time the spouses have been married, the more marital assets they may have accrued, and the more financial considerations may be at play if alimony and equitable property distribution are issues in the case. Let’s move on to the more pertinent question, how long do you have to live in Florida before you can get a divorce?

How Long Do You Have to Live in Florida Before You Can Get a Divorce

How Long Do You Have to Live in Florida Before You Can Get a Divorce?

The Florida Statutes are quite definite in their answer to this question, and the answer may affect your ability to file a petition immediately. Florida Statute 61.021 answers our question succinctly, “To obtain a dissolution of marriage, one of the parties to the marriage must reside 6 months in the state before the filing of the petition.” Read carefully. Only ONE of the parties to the marriage must have resided in the State of Florida for 6 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 never moved to Florida at all, it is likely the party residing in Florida can successfully petition the Florida court for a dissolution of marriage. This rule governing jurisdiction applies even if your divorce is uncontested.

For more information on subjects such as Florida divorce, Florida alimony, child support, child support health care, Florida parenting plans, and other family law topics, click on any of our links provided by the Jacobs Law Firm. Call our uncontested divorce attorney in Orlando today  at (407) 335-8113 or e-mail us at admin@jjlawfl.com for the help you need with your divorce or family law case.

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