Founder
Marriage is a significant commitment, but sometimes, couples quickly realize that their union is not working. Whether due to irreconcilable differences, unexpected conflicts, or external pressures, some spouses find themselves questioning how soon they can legally end their marriage. In Florida, there is no minimum length of time a couple must be married before filing for divorce. However, certain legal and practical considerations can affect how quickly the process unfolds. Keep reading this blog from the Orlando Family Team to learn more about the timeline for a quick divorce.
Understanding Florida’s Divorce Laws
Florida is a no-fault divorce state, which means that neither spouse has to prove wrongdoing to obtain a divorce. Instead, one spouse must simply state that the marriage is irretrievably broken or that the other spouse has been legally incapacitated for at least three years. This makes the divorce process more straightforward than in states that require proof of misconduct.
Unlike some states that impose a mandatory waiting period or require couples to be married for a certain duration before filing, Florida allows couples to seek a divorce at any time after they are legally married. However, at least one spouse must meet the state’s residency requirement—having lived in Florida for at least six months before filing.
Can You Get an Immediate Divorce?
Although there is no minimum marriage duration required for filing, the timeline for obtaining a divorce depends on several factors, including the complexity of the case and whether both parties agree to the terms. In some cases, couples can finalize a divorce relatively quickly through an uncontested divorce, while others may experience delays due to disputes over assets, alimony, or children.
Uncontested Divorce: The Fastest Route
If both spouses agree on all aspects of the divorce—including property division, spousal support, and, if applicable, child custody—they may be eligible for a simplified dissolution of marriage. This is typically the fastest way to get divorced in Florida. To qualify:
- Both spouses must agree that the marriage is irretrievably broken.
- There must be no minor children from the marriage.
- Neither spouse is seeking alimony.
- Both spouses must agree on property and debt division.
- Both parties must file jointly and attend a final hearing together.
If all conditions are met, a judge can finalize the divorce in as little as 30 days after filing.
Contested Divorce: When Disputes Arise
If the spouses disagree on any aspect of the divorce, it becomes contested, meaning the court will need to intervene. This can significantly lengthen the process, often taking several months to over a year, depending on the complexity of the issues involved. Factors that can slow down a contested divorce include:
- Disagreements over property and debt division
- Child custody and support disputes
- Alimony requests
- Accusations of misconduct, abuse, or financial dishonesty
Because contested divorces require negotiations, court hearings, and potentially even a trial, the timeline for resolution varies widely.
Annulment: An Alternative to Divorce
In some situations, couples may wonder if they qualify for an annulment instead of a divorce. Unlike divorce, which legally ends a valid marriage, an annulment declares that the marriage was never legally valid in the first place. Florida only grants annulments in specific cases, such as:
- Fraud or misrepresentation: One spouse was deceived about a significant fact, such as the ability to have children.
- Lack of consent: One spouse was forced or coerced into the marriage.
- Bigamy: One spouse was already married at the time of the new marriage.
- Mental incapacity: One spouse was mentally impaired at the time of marriage.
- Underage marriage: A spouse was underage and did not have legal parental consent.
If an annulment is granted, the marriage is considered void, as if it never happened. However, annulments are much harder to obtain than divorces and require strong legal arguments.
Practical Considerations Before Filing for Divorce
Even though Florida law allows couples to divorce at any time, it’s important to consider the emotional, financial, and logistical implications before rushing into a decision. Here are a few factors to keep in mind:
- Financial stability: Divorce can have financial consequences, including division of assets and potential spousal support obligations.
- Emotional readiness: Ending a marriage is a major life event, and it’s important to ensure that both parties are emotionally prepared for the process.
- Children’s well-being: If minor children are involved, parents must consider how divorce will impact them and work toward a resolution that prioritizes their best interests.
- Legal counsel: Consulting an experienced family law attorney can help spouses understand their rights, responsibilities, and the best course of action.
How Orlando Family Team Can Help
At Orlando Family Team, we understand that every divorce case is unique. Whether you are considering an uncontested divorce, facing a contested battle, or exploring annulment options, our dedicated attorneys are here to guide you through the process. We provide compassionate and strategic legal representation to help you achieve the best possible outcome for your situation.
If you have questions about how soon you can divorce or need assistance with your case, contact Orlando Family Team today to schedule a consultation. Let us help you navigate this challenging time with confidence and clarity.
