The short answer
No. In Florida you don't need a legal separation or any time living apart before you file for divorce. You only need one spouse to have lived in Florida for 6 months and a marriage that is irretrievably broken (§§ 61.021 and 61.052, Florida Statutes).
Do we need a legal separation before filing for divorce?
No. Florida law has no legal separation step and no required time living apart. You can file for divorce, called a dissolution of marriage in Florida, once one of you has lived in Florida for 6 months. The only main ground is that the marriage is "irretrievably broken," meaning it can't be fixed.
This is good news if you want to move forward. You don't have to wait, move out or sign anything first.
Source: § 61.021, Florida Statutes (residency) and § 61.052, Florida Statutes (grounds), 2026 Florida Statutes, as of October 2026.
§ 61.021 reads in full:
"To obtain a dissolution of marriage, one of the parties to the marriage must reside 6 months in the state before the filing of the petition."
What does the answer depend on?
The answer is the same for most couples in Florida. What changes is your timing and whether you want a divorce at all.
- Residency: One spouse must have lived in Florida for 6 months before filing (§ 61.021, Florida Statutes).
- Grounds: The marriage is irretrievably broken. A second ground, mental incapacity, needs a court finding of incapacity for at least 3 years (§ 61.052, Florida Statutes).
- Waiting period: A judge can't sign the final judgment until at least 20 days after the petition, the papers that start the case, is filed. A judge may shorten this if the wait would be unfair (§ 61.19, Florida Statutes).
- Possible pause: If you have minor children, or your spouse says the marriage can be saved, the judge may pause the case for up to 3 months (§ 61.052, Florida Statutes).
- Living apart: Not required. Many couples list a separation date on their forms, but it isn't a condition for filing.
What if we want to separate but not divorce?
Florida has no "legal separation" case, but it has a close option. Under § 61.09, Florida Statutes, a spouse who isn't getting support can ask the court for alimony, meaning spousal support, and child support without seeking a divorce. Some couples also sign a written agreement on money and parenting while they decide.
Warning: A private separation agreement doesn't end your marriage. Property and debts you take on can still count as marital until a divorce case is filed, so talk to a lawyer before you rely on one.
| Option | What it does | Florida law |
|---|---|---|
| Divorce (dissolution of marriage) | Ends the marriage and divides property and debts | § 61.052, Florida Statutes |
| Support without divorce | Orders alimony and child support while you stay married | § 61.09, Florida Statutes |
| Simplified dissolution | Fast divorce for couples with no minor children who agree on property and debts | Florida Family Law Rule of Procedure 12.105 |
Frequently asked questions
Does Florida require a separation period before divorce?
No. Florida doesn't require you to live apart for any time before filing. You can file once one spouse has lived in Florida for 6 months. After filing, there is a 20-day minimum before a judge can sign the final judgment under § 61.19, Florida Statutes, and a judge may shorten that wait.
Is Florida a no-fault divorce state?
Yes. Under § 61.052, Florida Statutes, you only need to show that the marriage is irretrievably broken. You don't have to prove cheating, abuse or any other fault. The only other ground is mental incapacity, which needs a court finding of incapacity for at least 3 years before the case.
What are the residency requirements to file for divorce in Florida?
6 months. Under § 61.021, Florida Statutes, one spouse must have lived in Florida for 6 months before filing the petition. Only one of you has to meet it. Courts usually ask for proof, such as a Florida driver's license, ID card or voter registration, or a witness who confirms where you live.
How Quickly Can I Get a Divorce in Florida?
20 days is the legal minimum. Under § 61.19, Florida Statutes, a judge can't enter a final judgment until 20 days after the petition is filed, unless waiting would cause injustice. Uncontested cases often take longer because of court schedules, and contested cases can take many months.
What is a Simplified Dissolution of Marriage?
It's Florida's quickest divorce option, under Florida Family Law Rule of Procedure 12.105. You qualify if you have no minor or dependent children together, the wife is not pregnant, and you've agreed on how to split property and debts. Both spouses sign the petition, file financial affidavits and a settlement agreement, and appear before the judge.
Sources
- § 61.021, Florida Statutes (2026): Residence requirements, The Florida Legislature (Online Sunshine)
- § 61.052, Florida Statutes (2026): Dissolution of marriage, The Florida Legislature (Online Sunshine)
- § 61.09, Florida Statutes (2026): Alimony and child support unconnected with dissolution, The Florida Legislature (Online Sunshine)
- § 61.19, Florida Statutes (2026): Entry of judgment of dissolution of marriage, delay period, The Florida Legislature (Online Sunshine)
- Rule 12.105, Simplified Dissolution Procedure, Florida Family Law Rules of Procedure
- Dissolution of Marriage, Simplified (filing checklist), Seventh Judicial Circuit of Florida