Divorce is a huge decision, and Florida law recognizes that. Even if both spouses agree, there’s a built-in waiting time before it becomes final. This is called the “cooling off” period. Think of it like putting a hot cup of coffee down for a few minutes before taking a sip. It’s meant to prevent impulsive decisions and give both people time to reflect. In Florida, this waiting period lasts at least 20 days from the moment one spouse files for divorce. Even if everything is settled and both spouses are ready to move on, the court won’t issue the final decree until this time has passed.
Why Does Florida Have a Cooling Off Period?
Big decisions deserve time. That’s the simple reason behind Florida’s cooling off period. History shows that waiting periods can help prevent rash choices. Ancient Rome, for example, required waiting times before major contracts were finalized. The same logic applies to divorce. Ending a marriage affects everything—finances, children, and mental well-being. Florida’s law ensures both spouses have at least a short window to think before it’s final.
Can the Cooling Off Period Be Waived?
Yes, but only in special cases. If there’s an emergency—like domestic violence or extreme hardship—a judge may shorten the waiting period. The spouse asking for this must show strong evidence that waiting would cause harm. The judge has the final say. If there’s no urgent reason, the 20-day period stays in place for everyone.
What Happens During the Cooling Off Period?
This waiting time isn’t just about sitting around. It’s a chance to prepare for the next steps. Many use this period to finalize agreements on property, child custody, and support. Attorneys handle paperwork and negotiations. Some spouses even reconsider divorce and choose to dismiss the case if they both agree. But if one person still wants to proceed, the divorce will move forward after the 20 days.
Does the Cooling Off Period Apply to All Divorces?
Yes, every divorce in Florida has to go through this waiting period. But keep in mind, the whole process usually takes longer. If the divorce is uncontested—meaning both spouses agree on everything—it can be finalized shortly after the waiting period ends. If there are disagreements over money, property, or kids, it could take months or even years.
How Does the Cooling Off Period Affect the Divorce Timeline?
While the waiting period is only 20 days, divorces often take longer. There’s paperwork, hearings, and sometimes mediation. Simple cases may wrap up quickly once the waiting period ends, but complex cases stretch out due to negotiations and court scheduling. The cooling off period is just the first step. It doesn’t mean an automatic divorce on day 21.
What Should You Do During the Cooling Off Period?
Use this time wisely. Organize finances, gather important documents, and consult with an attorney. If kids are involved, start thinking about a parenting plan. Take this time to process emotions and plan for life after divorce. Many find that using this period productively makes the transition smoother.
Florida’s cooling off period ensures that divorce isn’t rushed. It gives both spouses time to think, plan, and prepare. While 20 days might not seem long, it offers a valuable pause in an emotional situation. If you’re facing divorce, understanding this waiting period can help you set expectations. Need guidance on your next steps? Contact Buchholz Family Law today. Visit our website to schedule a consultation and take the next step with confidence.