The short answer
No. Florida has no separation period. You can file for divorce at any time, even while you live together, if one spouse has lived in Florida for six months (§ 61.021, Florida Statutes) and the marriage is irretrievably broken. A judge must still wait at least 20 days after filing before finalizing it (§ 61.19).
Does Florida require a separation period before divorce?
No. You can file for divorce in Florida as soon as you are ready, even if you and your spouse still live in the same home. Florida law does not require any time apart. You need one ground, such as a marriage that is irretrievably broken, and one spouse must have lived in Florida for six months.
"Irretrievably broken" means the marriage cannot be fixed. Florida is a no-fault state, so you do not have to prove anyone did something wrong. The grounds are set out in § 61.052, Florida Statutes, and the residency rule is in § 61.021, Florida Statutes (2026 text, checked October 2026).
The only built-in wait comes after you file. Section 61.19, Florida Statutes, says:
"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."
A "final judgment of dissolution" is the court order that ends your marriage.
What can still slow down a Florida divorce?
A few rules can add time, even without a separation period. None of them asks you to live apart first.
- Residency: One spouse must have lived in Florida for 6 months before filing (§ 61.021, Florida Statutes).
- Waiting period: At least 20 days must pass between filing and the final judgment (§ 61.19, Florida Statutes).
- Children or a contested case: If you have a minor child, or your spouse denies the marriage is broken, the judge may order counseling or pause the case for up to 3 months (§ 61.052(2), Florida Statutes).
- Mental incapacity ground: If you file on this ground instead, your spouse must have been legally found incapacitated for at least 3 years first (§ 61.052(1), Florida Statutes).
Good to know: Florida has no "legal separation" case. If your spouse can support you or your children but does not, you can ask the court for alimony and child support without filing for divorce, under § 61.09, Florida Statutes.
For more on filing, costs and choosing a path, see the Divorce and Separation guide.
| Situation | Separation required? | Shortest wait after filing |
|---|---|---|
| Both spouses agree, no minor children | No | 20 days (§ 61.19) |
| Minor children or spouse says marriage is not broken | No | 20 days, but a judge may pause the case up to 3 months (§ 61.052(2)) |
| Mental incapacity ground | No, but spouse must be found incapacitated for 3 years | 20 days (§ 61.19) |
Frequently asked questions
Do we need a legal separation before filing for divorce?
No. Florida does not offer a formal legal separation, and you do not need one before divorce. If your spouse can pay support but refuses, you can ask a court for alimony and child support without divorcing, under § 61.09, Florida Statutes. Otherwise, you can file for divorce whenever the residency rule is met.
Is Florida a no-fault divorce state?
Yes. Under § 61.052, Florida Statutes, you only need to say the marriage is irretrievably broken, meaning it cannot be saved. You do not have to prove cheating or other wrongdoing. The only other ground is a spouse's mental incapacity, which must have been ruled on by a court at least 3 years before.
What are the residency requirements to file for divorce in Florida?
Six months. Under § 61.021, Florida Statutes, at least one spouse must have lived in Florida for 6 months before the divorce petition is filed. Only one of you has to meet this rule. The other spouse can live in another state.
How Quickly Can I Get a Divorce in Florida?
20 days is the legal minimum. Under § 61.19, Florida Statutes, a judge cannot enter the final judgment until at least 20 days after you file, unless waiting would cause an injustice. Most cases take longer, especially when spouses disagree about children, money or property, or the court's calendar is busy.
What is a Simplified Dissolution of Marriage?
It is a shorter divorce process for spouses who fully agree. Under Florida Family Law Rule of Procedure 12.105, you must have no minor or dependent children together, the wife cannot be pregnant, and you must have already divided your property and debts. Both spouses must appear before the judge, and the 20-day waiting period still applies.
Sources
- Section 61.052, Florida Statutes (2026): Dissolution of marriage, Florida Legislature
- Section 61.021, Florida Statutes (2026): Residence requirements, Florida Legislature
- Section 61.19, Florida Statutes (2026): Entry of judgment of dissolution of marriage; delay period, Florida Legislature
- Section 61.09, Florida Statutes (2026): Alimony and child support unconnected with dissolution, Florida Legislature
- Florida Family Law Rule of Procedure 12.105: Simplified Dissolution Procedure, CourtRules.net