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How Long Do You Need to be Separated in the State of Florida Before Filing for Divorce?

The process of divorce itself can be lengthy and certainly exhausting. Add to this the mental and emotional toll your marriage has had on you in the months or years leading up to divorce, and you may find yourself asking if there are any ways to speed up the process.

One good thing to note in terms of timeline is that the law does not require you to separate prior to filing for divorce in the state of Florida. While many couples choose to take this step anyway, it is not a prerequisite for divorce. As a “no fault” state for divorce, either spouse can ask for a divorce at any time without providing a reason other than citing irreconcilable differences within the marriage.

What residency requirements are needed to file for divorce in Florida?

While separation is not required for divorce, if couples do decide to separate, one thing, however, is clear: According to Florida Statute 61.021, in order to obtain a dissolution of marriage, one of the parties to the marriage must reside in the state for at least six months immediately prior to filing the petition for divorce.

Let us guide you

Divorces are complex, and the laws surrounding them can make this stressful process even more difficult. But we’re here for you. At the Vasquez de Lara Law Group, we are dedicated to helping you get the best judgment possible in all matters regarding family law. Contact us today to learn more about how we can help.

About the Author

Vanessa_Vasquez De Lara Divorce Attorney

Vanessa Vasquez de Lara is a Miami divorce lawyer, author, and legal commentator with more than 20 years of experience helping families navigate divorce, child custody disputes, and complex family law matters throughout Florida. She is the founder and managing partner of Vasquez de Lara Law Group, one of the largest family-law-only firms serving Miami-Dade and Broward counties, with a team of attorneys dedicated exclusively to divorce and family law.

A graduate of the University of Miami School of Law, Vanessa has been recognized for her professional excellence by being named to the Super Lawyers list every year since 2016. She is also the author of the bestselling book “The Florida Man’s Guide to Getting Divorced” which provides practical insight into the legal, financial, and personal realities of divorce in Florida.

Fully bilingual in English and Spanish, Vanessa is frequently invited to provide legal commentary on family law issues in national media, including appearances on NBC and Univision’s Despierta América.

Beyond her legal work, Vanessa is the founder of the Ricky Supreme Scholars Foundation, created in honor of her brother who lost his life to gun violence. Through the foundation, she provides scholarships to high school students to help them pursue higher education and build brighter futures.

Connect with Vanessa:
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