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What Is the Waiting Period for Divorce in Florida?

In Florida, the waiting period for a divorce can feel like an added obstacle in an already challenging process. Many people wonder, “How long will it take to finalize my divorce?” or “Is there a way to expedite the process?” Florida law mandates a minimum waiting period of 20 days from the date you file your Petition for Dissolution of Marriage, which means the court cannot finalize your divorce until this period has passed. This waiting period aims to give spouses a chance to consider the implications of divorce, potentially allowing for reconciliation.

Here I’ll explain Florida’s waiting period in detail, why it exists, and what you can expect during this time. We’ll also look at scenarios where the waiting period may be shortened or extended based on specific circumstances.

What Is the Waiting Period for Divorce in Florida?

The 20-day waiting period starts from the day you file your divorce petition with the court. This minimum timeframe applies to all divorces filed in Florida, whether they are contested or uncontested. In simple terms, the court will not finalize your divorce until at least 20 days have passed since your initial filing. This rule is codified under Florida law, meaning that even if both parties agree to the terms of the divorce, the court must observe the waiting period before issuing a final judgment.

The waiting period allows both spouses to reflect on the decision and possibly work on reconciling, especially in cases where emotions may be running high. The law views divorce as a major life decision, and this short period is intended to provide time for careful consideration and to ensure that the decision is final.

What Happens During the Waiting Period?

The 20-day period doesn’t necessarily mean that nothing else can be done in your case; in fact, it can be a useful time for both parties to address any unresolved issues. During this waiting period, spouses may negotiate terms such as property division, child custody, and support agreements. If both parties agree on these terms, they can finalize their negotiations and have a draft of the divorce agreement ready for the court by the end of the waiting period.

The waiting period is often when mediation takes place for those undergoing mediation. Mediation allows spouses to work with a neutral third party to resolve disputes over key aspects of the divorce. In cases where the divorce is contested and issues remain unresolved, the waiting period can also be used to schedule hearings, submit required documents, and prepare for the court’s involvement.

Is There a Way to Waive or Shorten the Waiting Period?

Although the waiting period is mandatory in most cases, there are specific situations where a judge may allow it to be waived. For example, in situations where financial hardship, medical emergencies, or other extenuating circumstances make an expedited divorce necessary, the court may approve a waiver. However, waiving the waiting period is rare and requires a solid, court-approved reason.

To request a waiver, you or your attorney must file a motion explaining the unique circumstances that justify shortening the waiting period. The court will then evaluate the request on a case-by-case basis. If approved, this can allow the divorce to be finalized in less than 20 days. However, it’s important to understand that the waiver is at the discretion of the court, and without compelling circumstances, it’s unlikely to be granted.

Extending the Waiting Period: When More Time Is Required

While the mandatory waiting period is a minimum of 20 days, some cases may take longer due to complex circumstances. If disagreements over property division, custody, or other issues prevent a quick resolution, the process may extend well beyond the waiting period. In a contested divorce in Florida, for instance, mediation sessions or court hearings may be scheduled beyond the 20-day mark, especially if multiple rounds of negotiation are needed.

Additionally, when minor children are involved, the court often requires a parenting course, which can add time to the process. Child custody and support arrangements also need to be carefully planned and reviewed by the court to ensure they meet Florida’s legal standards. These requirements can extend the timeline, even if both parties agree on most terms.

Practical Steps During the Waiting Period

While the waiting period can seem like a forced delay, it can also provide a valuable opportunity to prepare for the finalization of your divorce. Here are some useful steps to consider during this time:

  1. Gather Financial Documentation: Use the waiting period to collect any outstanding financial records, including bank statements, tax returns, and investment documents. These records will be essential in cases where property division or alimony is under negotiation.
  2. Finalize Custody and Support Plans: If children are involved, work on a parenting plan that outlines time-sharing and responsibilities for each parent. Florida courts prioritize the child’s best interests, so preparing a thoughtful plan can help expedite the process.
  3. Complete Required Courses: If your divorce involves children, completing Florida’s parenting course during the waiting period can help ensure you’re ready for the final judgment without delays.
  4. Consider Mediation: For contested divorces, mediation can often resolve lingering disagreements, saving time and reducing court involvement. Many Florida courts require mediation, so scheduling sessions during the waiting period is often beneficial.

Moving Forward After the Waiting Period Ends

Once the waiting period is over, the court will review your case for final judgment. In an uncontested divorce where all terms have been agreed upon, this review can be relatively quick. The judge will look at the submitted paperwork, ensure that both parties agree on the terms, and sign the final judgment of dissolution if everything is in order. This step formally ends the marriage and approves the division of property, custody arrangements, and any support obligations.

In a contested divorce, however, the end of the waiting period might lead to further court involvement. If unresolved issues remain, the court may schedule additional hearings or a trial to make final determinations on property, support, and custody.

The Waiting Period as an Opportunity for Preparation

While the waiting period may feel like a delay, using this time to finalize details and prepare documentation can streamline the process and reduce the risk of future delays. Knowing that the court requires at least 20 days can help you pace your preparations, ensuring that all essential details are ready for review by the end of this period.

Whether your divorce is straightforward or more complex, understanding Florida’s waiting period and how to use it effectively can make a difference. Consulting a divorce attorney can provide you with answers to your questions or guidance during this time. Reach out to Morgan Divorce Law to explore your options and prepare confidently for this important transition.