Waiting Period For Florida Uncontested Divorce

by Michael from Orlando, Florida, Orange County

Is there a "Cooling off period" for an uncontested divorce filing? I live in Florida and I am in the process of completing an uncontested divorce with my wife.

Once the marriage dissolution has been submitted to and accepted by the court, is there a "cooling off period" where either party can ask for modifications to the agreement or does the agreement become immediately binding?

Answer to Florida Divorce Question

Dear Michael,

If you and your wife completed and signed a Marital Settlement Agreement, then it is unlikely that it can be modified.

It depends on where you are in the process.

You might be able to request changes to that agreement at the time of your hearing.

Or it's possible that you could both sign an Addendum to the Marital Settlement Agreement and file that under the same case number.

If you did not complete a Marital Settlement Agreement, and one of you has not yet answered the other's Petition for Dissolution of Marriage, then the Respondent can make his wishes known when filing the Answer.

Keep in mind, that the Order for Final Dissolution is very final. It is common to request modification of child support or time-sharing as time goes by. However, the proper time to divide assets and liabilities is at or before the Final Order is signed by the judge.

Notice: We provide these answers to the general public and our website visitors as a means to further their online legal research. These answers are merely suggestions and should not be regarded as legal advice.

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Cooling Off Period for Florida Divorce
by: Michelle from Orlando

Is there a cooling off period in FL where no children are involved and the marriage is only 3 years long?

--There is a 20 day delay or "cooling off" period as it is commonly known, as per §61.19 of the Florida Statutes...

§61.19 Entry of judgment of dissolution of marriage, delay period.

—No final judgment of dissolution of marriage may be entered until at least 20 days have elapsed from the date of filing the original petition for dissolution of marriage; but the court, on a showing that injustice would result from this delay, may enter a final judgment of dissolution of marriage at an earlier date.


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