How Long Do You Have to Be Separated in Florida to Get a Divorce?

Is Separation Required Before Divorce in Florida?

How long do you have to be separated in Florida to get a divorce? The answer might surprise you. Florida does not require a waiting period or legal separation before filing for divorce. If the marriage is broken and cannot be fixed, that is enough. There is no need to live apart for months or years. There is no need to prove someone moved out. Florida law only asks that one person says the marriage is over and means it.

In other states, there are rules about living apart before filing. Some say six months. Some say one year. Florida does not follow that path. Instead, Florida focuses on one thing. The marriage must be “irretrievably broken.” That means there is no chance to fix it. No more counseling. No more trying. Just a clear decision that it is time to move on.

This rule comes from Florida’s no-fault divorce law. Long ago, people had to prove cheating or cruelty to get a divorce. That changed. Now it is enough to say it is not working anymore. Just like a car that won’t start, sometimes the engine of a marriage just gives out. No matter how many times someone tries to fix it, the damage is done. The law sees that and allows people to walk away without blame.

But even though there is no required separation, living apart can help in some cases. When one person moves out, it can show that the breakup is real. It can give both people space. It can help with planning the next steps. It can also make some parts of the divorce easier, like deciding who keeps the house or how the bills get paid.

To file for divorce in Florida, one person must have lived in the state for at least six months. That is the only timeline the court looks at. The person who files must show proof of living in Florida. That can be a driver’s license, a lease, or even a letter from someone who knows the person lives there. Once that’s done, the process can begin.

Still, emotions run high during this time. Even without a waiting period, divorce takes time to finish. There are papers to file. There are choices to make. If children are involved, there are even more steps. The court may require a parenting class. There will be decisions about time-sharing and child support. But none of this depends on how long two people were apart. The law does not ask that question.

The important part is honesty. If someone says the marriage is over, the court listens. If both people agree, the process moves faster. If they do not, the court might ask for a short delay. That gives time to think or try counseling. But even then, it is rare for the court to stop the divorce.

What If We Still Live Together?

You can still get a divorce in Florida even if both people live in the same house. Separation is not required. The court looks at the intent, not the address. If the love is gone and both people act like the marriage is over, that is enough.

Does Moving Out First Help or Hurt?

Moving out does not hurt the case. But it can affect some things. Like who gets the house or who pays which bills. Always talk to a lawyer before making big moves.

Call Kevyn Noonan Hayes, P.A. Today

Still asking how long do you have to be separated in Florida to get a divorce? Get clear answers from someone who knows the law and cares about the outcome. At Kevyn Noonan Hayes, P.A., we make things simple and support you every step of the way. Call 239-591-6248 to start fresh today.