Florida Divorce Lawyer Podcast | Child Custody, Alimony & Mediation in Florida · Attorney Jonathan Jacobs

Divorce Waiting Period Florida: Florida Statute 61.19

·4 min
The episode opens with host Jonathan Jacobs describing his immediate task of delivering a trial binder to the courthouse, containing hundreds of organized pages for a case. He uses this anecdote to transition into a common client question about whether filing a divorce case means it's finished. Jacobs emphasizes that in uncontested divorces, all parties must agree to all relief and have documents properly signed and notarized before filing. He then introduces Florida Statute 61.19, a written law that imposes a mandatory waiting period. The law states that while courts may grant divorces sooner at their discretion, they typically must wait 20 days from the filing date before having the authority to issue a final judgment. Jacobs explains this is not about standing but rather a jurisdictional issue related to subject matter jurisdiction. He notes that courts are likely required to wait the full 20 days before they can legally dissolve a marriage. The host considers why such a waiting period exists, acknowledging client frustrations about wanting to end marriages quickly. He suggests one reason might be that certain terms in marital settlement agreements only take effect once the divorce is officially granted. The episode maintains an educational tone, focusing on statutory requirements and practical implications for Florida residents. It does not feature guests or a narrative arc but instead provides a straightforward explanation of legal procedures. Recurring themes include the importance of timing, legal formalities, and managing client expectations in family law. Key moments include the initial courthouse scene, the clarification of the 20-day rule, and the exploration of its rationale. The format is solo, with Jacobs speaking directly to listeners based on his professional experience. The content is specific to Florida law, avoiding generalizations about other jurisdictions.
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