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Divorce Waiting Period in Florida

In Florida, no final divorce judgment can be entered until 20 days after the petition is filed, and no separation period is required.

Last checked . General information, not legal advice.

Florida at a glance

Waiting period
20 days after filing
The court can enter judgment earlier if it finds that injustice would result from the delay.
Separation required
No
A divorce requires that the marriage be irretrievably broken or mental incapacity of one spouse.

Sources

Last checked

The rules in Florida

How long is the waiting period before a divorce can be finalized in Florida?

Waiting period in Florida: 20 days after filing. The court can enter judgment earlier if it finds that injustice would result from the delay.

Do spouses have to live apart before a no-fault divorce in Florida?

Separation required in Florida: No. A divorce requires that the marriage be irretrievably broken or mental incapacity of one spouse.

Where do the Florida divorce waiting periods come from?

The rules above come from Fla. Stat. 61.19 and Fla. Stat. 61.052. Each source is linked on this page. We last checked them in October 2026.

What this means in practice

A waiting period is a minimum, not an estimate. Contested issues such as property division, support or custody, court schedules and missing paperwork can make a divorce take much longer than the statutory minimum.

Separation rules can depend on how the state defines living apart. Some states count time spent separated under the same roof, while others require separate homes. Keeping a record of the date the separation began, such as a written separation agreement or a lease, can help show when the period started.

Spouses can often use the waiting period to negotiate a written settlement covering property, debts, support and parenting time. A settlement agreement that is ready when the waiting period ends can help the court finalize the divorce sooner, and a local attorney can confirm the filing requirements.

General information, not legal advice. Laws change, and cities can add their own rules, so check the current statute before you rely on it.