The 3 Legal Requirements for Getting a Florida Divorce

In Florida, the divorce process is fairly simple and straightforward. There are really only 3 main legal requirements for divorce:

  1. Legal residency must be established — In the state of Florida, the person filing for the divorce must have been a resident of the state for at least 6 months before filing. In military cases, establishing residency can sometimes be a bit complex as parties are deployed or come from other states, but if they are stationed in Florida for at least 6 months they meet the residency requirement even if they are from elsewhere; or, if they are stationed outside of Florida but come from Florida and continue to consider Florida their home state, Florida would have jurisdiction.
  2. There’s a 20-day waiting period after filing for divorce — After the petition for divorce is filed, there’s a 20-day waiting period. The other party must respond during this period or risk being held in default. If you’ve been served divorce papers, make sure you consult with an attorney immediately to discuss your next step.
  3. Florida offers no fault divorce — In Florida, it’s not necessary to prove one partner did something wrong to justify the divorce. As long as you state there’s an irretrievable breakdown in your marriage, you can get divorced.

The experienced team at Miller Law Associates offers affordable, fixed fee Florida divorce legal services. Let us guide you during this difficult, important time. Learn more at


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