How Long Do You Have to Separate Before Divorcing in Florida?
Getting a divorce is always extremely stressful and you will feel a wide array of emotions throughout your case. Still, divorce is a legal process and you must meet many different requirements before you can obtain a divorce in Tampa. These requirements can add another layer of confusion as you go through this difficult time.
Our Tampa divorce attorneys are often asked by clients how long they must wait to get a divorce. If you have lived in Florida for a long time, you may not have to comply with a waiting period. If you have recently moved to the state, you may have to wait a short period of time. Below, our Tampa divorce attorney explains the residency requirement under state law.
No Mandatory Waiting Period in Florida
Most states in the country have mandatory waiting periods for couples who wish to divorce. Waiting periods in those states can range from 20 days to one year, and they are often longer if children are involved in the divorce. The purpose of waiting periods is to prevent couples from making the rash decision to divorce after a heated argument. Instead, waiting periods are meant to give couples time to cool down and determine whether or not they really want to end their marriage.
Florida law does not place a waiting period on divorce. This means that once you have decided to get a divorce, you can finalize your case any time after the petition is filed with the court. However, there are still certain issues you must resolve before your case is finalized. These include property division, child custody, child support, and alimony.
After all the terms of the case have been resolved, couples can finalize their divorce. Some couples, though, may find they have to wait a period of time before they even file the petition, if they do not meet the residency requirement.
State Law on Residency
While state law does not impose a waiting period on couples who want to divorce, it does require that people are residents of the state for a certain period of time. Under the residency requirement, one or both spouses must have lived in Florida for at least six months before they file for divorce.
If you want to get a divorce and meet the residency requirement, you can file for divorce even if your spouse objects and even if that person has not lived within the state for six months. On the other hand, if neither you or your spouse meets the residency requirement, you must wait until one or both of you have been residents of the state for six months.
Our Divorce Attorney in Tampa Can Advise on the Laws in Your Case
While the residency requirement in Florida applies to all divorces, there are other laws that only apply to certain cases, such as child custody matters. At All Family Law Group, P.A., our Tampa divorce attorney can advise you of all the last that apply to your case and help you obtain the best outcome possible. Call us now at 813-672-1900 or contact us online to schedule a free consultation of your case and to learn more. Se habla Español.
Sources:
leg.state.fl.us/statutes/index.cfm?App_mode=Display_Statute&URL=0000-0099/0061/0061.html
leg.state.fl.us/Statutes/index.cfm?App_mode=Display_Statute&URL=0000-0099/0061/Sections/0061.021.html
