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Does Florida have a waiting period for divorce?


In fact, Florida does have a waiting period. Section 61.19 of the Florida Statutes provides that a judge will not grant a divorce less than 20 days from the time that a Petition for Dissolution of Marriage is filed in the Circuit Court’s Family Division.

However, a judge may waive that 20-day waiting period upon a showing that injustice would result from the delay in getting a divorce finalized. For example, a judge may waive the 20-day waiting period if one of the parties is in the military and about to be deployed to a combat zone. Or, if a real estate deal or business closing will adversely be affected if the divorce is not first obtained on an expedited basis.

Furthermore, a judge may waive Florida’s divorce waiting period if the parties have entered into a marital settlement agreement that includes a clause waiving the waiting period.

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