What is the Waiting Period for a Divorce in Florida?

Divorce is often an emotionally and legally complex process, and many people want to know how long it will take before their marriage is officially dissolved. Florida law requires a mandatory waiting period before a divorce can be finalized, which can impact how quickly you move forward with your life. Understanding this waiting period, the reasons behind it, and how it affects your case is crucial. As a Kissimmee Divorce Attorney, Nicole Burns can help you navigate the process efficiently and ensure all legal requirements are met.

Florida’s Mandatory Waiting Period for Divorce

Florida has a mandatory 20-day waiting period before a divorce can be finalized. This means that from the moment a spouse files for divorce, the court must wait at least 20 days before issuing a final judgment. However, while this is the minimum waiting period, most divorces take longer due to various factors, including contested issues, negotiations, and court schedules.

Why Does Florida Have a Waiting Period for Divorce?

The waiting period serves several purposes, including:

1. Preventing Impulsive Decisions – Divorce is a life-changing decision, and the state provides a short period for reflection to ensure both parties are confident in their choice.
2. Encouraging Reconciliation – In some cases, couples use this time to reconcile, preventing unnecessary legal proceedings.
3. Allowing Time for Negotiation – Even in uncontested cases, the waiting period provides time for both spouses to finalize financial and custody arrangements.
4. Ensuring Due Process – The waiting period allows time for legal paperwork to be reviewed, ensuring all legal procedures are correctly followed.

How the Waiting Period Affects Divorce Timelines

While the 20-day waiting period is the minimum, most divorces take longer to finalize. The overall timeline depends on several factors, including:

1. Uncontested vs. Contested Divorce

• Uncontested Divorce: If both spouses agree on all terms, including property division, child custody, and support, the divorce process can be completed soon after the 20-day waiting period.
• Contested Divorce: If spouses cannot agree on one or more issues, the case may go to mediation or trial, extending the process significantly.

2. Court Scheduling and Caseload

Even if a divorce is uncontested, court availability can affect the timeline. The Kissimmee court system, like many others in Florida, experiences high caseloads, leading to scheduling delays.

3. Mandatory Parenting Course

For divorces involving minor children, Florida law requires both parents to complete a Parent Education and Family Stabilization Course. This requirement can add time to the process, depending on course availability and completion.

4. Financial Disclosures and Property Division

Florida requires both parties to exchange financial affidavits if the case involves assets, debts, or support requests. Gathering and reviewing this documentation can delay the finalization of a divorce.

Can the Waiting Period Be Waived?

In rare cases, a Florida judge may waive the 20-day waiting period. To request a waiver, a spouse must demonstrate exceptional circumstances, such as:

• Severe financial hardship requiring an expedited divorce.
• Domestic violence or safety concerns.
• Serious health issues impacting the need for a swift resolution.

If you believe your case qualifies for a waiver, consult a Kissimmee Divorce Attorney to present a strong argument to the court.

Speeding Up the Divorce Process in Florida

While the waiting period is mandatory, there are steps you can take to avoid unnecessary delays:

1. File for an Uncontested Divorce – The fastest divorces occur when both spouses agree on all terms before filing.
2. Gather Documentation Early – Preparing financial records, custody agreements, and support calculations before filing can prevent setbacks.
3. Work with a Skilled Divorce Attorney – An experienced lawyer can streamline the process by ensuring all legal requirements are met efficiently.
4. Consider Mediation – If disputes arise, mediation can help resolve conflicts without lengthy litigation.

Exceptions to the Standard Divorce Timeline

Some unique situations can lengthen or shorten the divorce timeline in Florida, including:

• Simplified Divorce: If a couple has no minor children, agrees on property division, and waives spousal support, they can pursue a simplified dissolution of marriage, which is typically quicker.
• High-Conflict Cases: Complex divorces involving disputes over child custody, significant assets, or business interests can take months or even years to resolve.
• Military Divorces: When one spouse is an active-duty service member, additional steps, such as compliance with the Servicemembers Civil Relief Act (SCRA), can extend the process.

Final Thoughts

The mandatory 20-day waiting period for divorce in Florida is only the beginning of the timeline. The overall duration depends on factors like contested issues, court scheduling, and financial disclosures. Working with an experienced Kissimmee Divorce Attorney can help you navigate the process efficiently and ensure the best possible outcome for your case.

If you are considering filing for divorce or have questions about Florida’s divorce timeline, contact Nicole Burns today. She is committed to helping clients achieve a smooth and successful resolution to their divorce cases with expert legal guidance.