Does Florida have a waiting period for divorce? Unless there is a factual argument for an expeditious or urgent divorce decree, lawyers and pro se litigants generally submit to the family law and divorce court, a proposal for final judgment after twenty (20) days have elapsed. This waiting period for divorce in Florida is 20 days from the date of filing as date and time stamped in the court file/record. Your uncontested divorce attorney may file your completed case pleadings and related documents within days. However, the Court usually adheres to the 20-day Rule to prevent fraud and other misunderstandings or abuses. This means that on day twenty-one (21), most divorce cases are eligible to be finalized. Call Jacobs Law Firm at 407-335-8113, affordable family lawyer and flat fee divorce attorney Orlando today for a consultation to discuss your unique case.
Waiting Period For Divorce In Florida
The approximately three-week waiting period for divorce in Florida exists because of Florida Statute § 61.19. Florida Statute 61.19 is essentially a pronouncement of public policy. The Statute dictates the timing of the filing versus the possible signing of a final judgment in a divorce case by your family law judge. In some instances, spouses plan for a potential divorce by entering into a postnuptial agreement.
Let’s more succinctly answer the question, does Florida have a waiting period for divorce? According to the Statute, an entry of final judgment may not be entered until at least twenty (20) days have elapsed. This is known as the waiting period. This brief delay is a matter of both procedure and public policy. Twenty days is a reasonable amount of time for litigants to determine if their agreements are accurate and continue to represent their own and their children’s best interests.
Florida Statute 61.19 tells us that: “No final judgment of dissolution of marriage may be entered until at least 20 days have elapsed from the date of filing the original petition for dissolution of marriage; but the court, on a showing that injustice would result from this delay, may enter a final judgment of dissolution of marriage at an earlier date.” Therefore, the waiting period for divorce in Florida can be as little as one day if a case is filed promptly and there is justification for a faster final judgment to be ordered. Typically, even with an uncontested divorce, the parties are generally encouraged to wait for the statutory period unless the circumstances warrant an expeditious conclusion to the case. Call 407-335-8113 today.