The short answer
Florida's waiting period is 20 days: under § 61.19, Florida Statutes, a judge cannot enter a final divorce judgment until at least 20 days after the petition is filed, unless waiting would cause injustice. Separately, one spouse must have lived in Florida for 6 months before filing (§ 61.021).
What is the waiting period for divorce in Florida?
20 days. Under § 61.19, Florida Statutes, a judge cannot enter a final judgment of dissolution of marriage, the court order that ends your marriage, until at least 20 days after the petition is filed. A judge may skip the wait if waiting would be unfair. Before you file, one spouse must also have lived in Florida for 6 months.
The short wait is good news. Florida's wait is one of the shortest in the country, and most couples never notice it because other steps take longer.
The statute says it plainly:
"No final judgment of dissolution of marriage may be entered until at least 20 days have elapsed" from the date the original petition was filed. (§ 61.19, 2026 Florida Statutes)
- Source: § 61.19 and § 61.021, Florida Statutes (2026 text, current as of November 2026)
- Where the clock starts: The day the clerk of the circuit court files your petition
- Exception: The court may enter judgment sooner if it finds that injustice would result from the delay
| Rule | Minimum time | Where it comes from |
|---|---|---|
| Residency before filing | 6 months in Florida (one spouse) | § 61.021, Florida Statutes |
| Wait from filing to final judgment | 20 days | § 61.19, Florida Statutes |
| Time for your spouse to answer after being served | 20 days | The Florida Bar, Divorce in Florida pamphlet |
What does the waiting period depend on?
The 20-day minimum applies to every Florida divorce. How long your case really takes depends on what happens around it.
- Residency: One spouse must have lived in Florida for 6 months before the petition is filed. If you moved here recently, you must wait before you can file at all.
- Agreement: In an uncontested divorce, meaning you and your spouse agree on everything, the case can end soon after the 20 days pass. A contested divorce, where you disagree, takes longer because of discovery, mediation and possibly a trial.
- Service: If your spouse is served, meaning formally handed the court papers, they get 20 days to file an answer, their written response. That clock runs from service, not filing.
- Simplified dissolution: This is a faster path for couples with no minor or dependent children, no pregnancy, no alimony claim and a full agreement on property and debts. You both still sign, and you must both appear before a judge at the same time for the final hearing.
- Court calendar: Your final hearing date depends on how busy your county's family court is.
For real-world timelines, read How Long Does an Uncontested Divorce Take in Florida?
Tip: You do not need to be legally separated first. Florida has no separation requirement, so the 20-day wait starts as soon as you file.
Frequently asked questions
How long will an uncontested divorce with children take in Florida?
Usually longer than one without children. The 20-day minimum under § 61.19 still applies, but you cannot use simplified dissolution. You will need a parenting plan, child support guidelines worksheets and financial affidavits, and many courts require a parenting course. If you and your spouse agree on everything, a final hearing can often be set soon after the paperwork is complete.
Can I get divorced in Florida without a lawyer?
Yes. Florida lets you represent yourself, and the Florida Supreme Court publishes approved family law forms for it. Self-representation works best when you agree on everything and have few assets. If your spouse has a lawyer, or you have children, a home or retirement accounts, getting advice first can protect your rights. See [Can I Get Divorced in Florida without a Lawyer?](/blog/divorce-and-separation/can-i-get-divorced-in-florida-without-a-lawyer)
Do both spouses need to attend the final hearing?
Sometimes. In a simplified dissolution, both spouses must appear before the judge at the same time, according to The Florida Bar. In a regular uncontested divorce, often only the spouse who filed needs to attend, depending on your county's rules. Read [Do Both Spouses Need to Attend the Final Hearing?](/blog/divorce-and-separation/do-both-spouses-need-to-attend-the-final-hearing)
Does Florida require mediation before divorce trial?
Often. Florida judges can order spouses into mediation, a meeting with a neutral person who helps you settle, and many circuits require it before a contested case goes to trial. Couples who already agree on everything usually skip it. Rules vary by county, so check your circuit's family court orders. Learn more in [Is Mediation Required in Florida?](/blog/divorce-and-separation/is-mediation-required-in-florida)
What happens if one spouse changes their mind mid-case?
The case usually keeps going, but it may take longer. In Florida, only one spouse needs to say the marriage is irretrievably broken, so one spouse cannot block the divorce by refusing. If an agreed case turns contested, expect more time, cost and possibly mediation. See [What Happens If One Spouse Changes Their Mind Mid-Case?](/blog/divorce-and-separation/what-happens-if-one-spouse-changes-their-mind-mid-divorce-case)
Sources
- Section 61.19, Entry of judgment of dissolution of marriage; delay period (2026 Florida Statutes), The Florida Legislature (Online Sunshine)
- Section 61.021, Residence requirements (2026 Florida Statutes), The Florida Legislature (Online Sunshine)
- Consumer Pamphlet: Divorce in Florida, The Florida Bar