The short answer
The fastest a Florida divorce can be final is 20 days after the petition is filed, under § 61.19, Florida Statutes. That speed is realistic only when you and your spouse agree on everything. Contested divorces take longer, and a judge can shorten the 20 days only if waiting would cause an injustice.
How quickly can I get a divorce in Florida?
20 days is the shortest time Florida allows between filing your divorce petition and the judge signing the final judgment. A petition is the paper that starts the case. That fast timeline works only when you and your spouse agree on everything. A judge can shorten the 20 days only if waiting would cause an injustice.
The rule comes from § 61.19, Florida Statutes (2026 text, checked October 2026):
"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."
The 20 days is a floor, not a promise. Your real timeline also depends on how fast the papers get done, when your spouse responds and when the court can schedule a final hearing.
| Path | Who can use it | Earliest final judgment |
|---|---|---|
| Simplified dissolution | Spouses with no minor children, no alimony request and a full agreement on property and debts | 20 days after filing |
| Uncontested regular divorce | Spouses who agree on everything, including children, if any | 20 days after filing, if all papers are done |
| Contested divorce | Spouses who disagree on property, support, children or the divorce itself | Often many months; the court may also pause up to 3 months |
What decides how long my Florida divorce takes?
Agreement is the biggest factor. The more you and your spouse agree on, the faster the case can end.
- Residency: One of you must have lived in Florida for 6 months before filing, under § 61.021, Florida Statutes. If not, you must wait until you reach 6 months.
- Your spouse's response: After your spouse is formally served (handed the papers), they have 20 days to respond, under Florida Family Law Rule of Procedure 12.140.
- Children: If you have a minor child, the court may order counseling or pause the case up to 3 months, under § 61.052(2)(b), Florida Statutes.
- A denial: The same pause can happen if your spouse denies, in their answer, that the marriage is irretrievably broken, meaning it cannot be saved.
- Court calendars: The final hearing date depends on your county's family court schedule.
Tip: If you and your spouse agree, you can both sign papers at the start. That can avoid the wait for formal service and a 20-day response window.
If you are unsure which path fits you, the Divorce and Separation guides explain each step in plain English.
A lawyer is worth calling if your spouse disagrees, you have children or real property, or you think you need alimony. Those cases rarely move at the 20-day pace, and mistakes can be costly.
Frequently asked questions
What is a Simplified Dissolution of Marriage?
It is Florida's fastest divorce path for couples who fully agree. You both must agree the marriage cannot be saved, have no minor or dependent children together, have no pregnancy, agree how to split property and debts, and not ask for alimony. You also give up your right to a trial and appeal, and both of you must attend the final hearing.
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 the petition is filed. Only one of you needs to meet this rule, not both. The court needs proof, such as a Florida driver's license or a witness's sworn statement, before it can grant the divorce.
Does Florida require a separation period before divorce?
No. Florida has no required separation period before you file. The only built-in waits are the 6-month residency rule and the 20 days between filing and the final judgment. A judge may pause a case up to 3 months if you have a minor child or your spouse denies the marriage is broken.
Is Florida a no-fault divorce state?
Yes. Under § 61.052, Florida Statutes, the court can grant a divorce if the marriage is irretrievably broken, meaning it cannot be repaired. You do not have to prove cheating or other wrongdoing. The only other ground is the mental incapacity of one spouse, which has its own strict rules.
How long does a divorce take in Florida?
At least 20 days from filing, under § 61.19, Florida Statutes. Uncontested cases can finish soon after that if the papers are complete and the court has a hearing date. Contested cases, where spouses disagree on money or children, usually take months because of evidence exchange, hearings and sometimes a trial.
Sources
- Section 61.19, Florida Statutes: Entry of judgment of dissolution of marriage; delay period, The Florida Legislature (Online Sunshine)
- Section 61.021, Florida Statutes: Residence requirements, The Florida Legislature (Online Sunshine)
- Section 61.052, Florida Statutes: Dissolution of marriage, The Florida Legislature (Online Sunshine)
- Rule 12.140. Responses, Florida Family Law Rules of Procedure, Ruledex
- Florida Petition for Simplified Dissolution of Marriage, Bay Area Legal Services