How Long Does a Divorce Take in Florida

May 5, 2023 Amanda

How Long Does a Divorce Take in Florida

Type of Divorce	Minimum Timeframe	Average Timeframe	Maximum Timeframe
Uncontested	30 days	30-90 days	90 days
Contested, No Children or Property	20 days	6 months	1 year
Contested, with Children or Property	20 days	9 months	2 years

Overview of Divorce Process in Florida

The first step is to file a Petition for Dissolution of Marriage with the court.
Once the petition is filed, your spouse will be served with papers notifying them of the impending divorce.
If there are no disputes over issues like child custody, property division, or spousal support, your divorce may be finalized relatively quickly. This could take as little as 30 days from when your spouse receives notice.

However, if there are disagreements over these issues that cannot be resolved through negotiation or mediation, your case will likely go to trial. In this scenario, it could take several months (or even years) to finalize your divorce.

It’s important to note that every case is different and timelines vary based on individual circumstances. An experienced family law attorney can help guide you through each step of the process and ensure you get a fair outcome in a timely manner.

Introduction to divorce laws in Florida

It’s also worth noting that property division laws vary from state-to-state. In Florida:

All assets and debts acquired during the marriage are considered marital property and subject to equitable distribution (meaning they will be divided fairly but not necessarily equally).
The court may consider factors like each spouse’s earning capacity, contributions made during the marriage (both financial and non-financial), and other relevant factors when determining how assets should be divided.

An experienced family law attorney can help answer any questions you may have about these laws as they apply to your specific situation.

Basic requirements for filing a divorce in Florida

Before filing for divorce in Florida, there are a few basic requirements that must be met:

Residency: At least one spouse must have lived in Florida for at least six months prior to filing.
No-fault grounds: In Florida, you don’t need to prove fault (such as adultery or cruelty) to get a divorce. Instead, the only required ground is that the marriage is “irretrievably broken.”

If these requirements are met, you can move forward with the process of filing for divorce. It’s important to consult with an experienced family law attorney who can guide you through each step and ensure your rights are protected throughout the process.

Different types of divorce in Florida

There are several types of divorce in Florida, depending on the circumstances:

Uncontested divorce: This is when both spouses agree on all issues related to the divorce and can submit a written agreement to the court. These divorces tend to be quicker and less expensive.
Contested divorce: If there are disagreements over important issues like child custody or property division, your case may need to go to trial. This type of divorce can take much longer and be more costly.
Simplified dissolution of marriage: This option is available for couples who meet specific criteria (such as having no children or shared property). It’s a faster, simpler process than traditional divorce.

An experienced family law attorney can help determine which type of divorce is best suited for your situation and guide you through each step of the process.

Importance of hiring a divorce attorney in Florida

Hiring a knowledgeable family law attorney is essential when going through a divorce in Florida. They can guide you through each step of the process and provide support during this difficult time.

Factors Affecting Divorce Timeline in Florida

In general, an uncontested divorce with few complicating factors could take as little as 30 days from when your spouse receives notice of the petition. However, contested divorces with complex assets and disputes over child custody or spousal support could take months (or even years) before they are finalized.

If you’re considering filing for divorce in Florida, it’s important to consult with an experienced family law attorney who can help guide you through each step and ensure your rights are protected throughout the process.

Uncontested vs. contested divorce

When it comes to divorce in Florida, there are two main types: uncontested and contested.

In an uncontested divorce, both spouses agree on all aspects of the divorce, including property division, spousal support (if any), child custody and visitation, and child support. This type of divorce is generally quicker and less expensive than a contested one.
In a contested divorce, the spouses cannot agree on one or more issues related to the divorce. In this scenario, negotiations may be necessary to reach a resolution. If negotiations fail, the case will go to trial where a judge will make decisions regarding unresolved issues.

Whether you’re facing an uncontested or contested divorce in Florida, it’s important to have an experienced family law attorney on your side who can help protect your rights and guide you through each step of the process.

Complexity of issues involved in divorce

In some cases, these issues may be resolved through mediation or negotiation outside of court. However, if an agreement cannot be reached amicably between both parties or if there are concerns about abuse or neglect regarding children involved in the case then litigation could become necessary. In either scenario it’s important to consult with an experienced family law attorney who can help you navigate the complexities of divorce laws in Florida.

The involvement of children in the divorce

If you’re going through a divorce involving minor children, it’s crucial to work with an experienced family law attorney who understands these issues inside and out. They can help ensure your rights are protected throughout this difficult process while keeping your child’s well-being at top priority.

Financial and property issues

In addition to property division, there may also be other financial issues that need to be addressed during divorce proceedings:

Alimony: If one spouse earns significantly more than the other or has been out of work for an extended period of time, alimony (also known as spousal support) may be awarded.
Child Support: When minor children are involved, child support will need to be calculated based on each parent’s income and expenses. This amount can be adjusted over time if circumstances change.

An experienced family law attorney can help you navigate these financial issues and ensure your rights are protected throughout the process.

Steps Involved in the Divorce Process in Florida

If negotiations fail or if there are complex legal or financial issues involved in your case, it may be necessary to go to trial. In this scenario:

A pre-trial conference may occur where both sides discuss what evidence they plan on presenting at trial.
A trial date is set where both sides present their case before a judge who will make decisions regarding disputed issues such as child custody, asset distribution etc.

An experienced family law attorney can help you navigate each step of this process and ensure you get a fair outcome that protects your interests throughout.

Filing for divorce in Florida

If there are no disputes over major issues like property division or child custody, you may be able to finalize your divorce relatively quickly. However, if disagreements arise, the process could take much longer.

It’s important to work with an experienced family law attorney throughout this process. A lawyer can help ensure that all necessary paperwork is filed correctly and on time and can represent you in negotiations or in court if needed.

Serving divorce papers to the spouse

The method used will depend on individual circumstances and whether or not your spouse is willing to accept service. An experienced family law attorney can help determine which option is best for your situation and ensure proper service is made according to Florida law.

Response to divorce petition

Once a spouse files for divorce in Florida, the other spouse has the opportunity to respond to the petition. Here are a few things to keep in mind:

The responding spouse will typically have 20 days from when they receive notice of the petition to file their response.
The response should address each issue raised in the petition, such as child custody or property division.

If the responding spouse fails to file a timely response, they may forfeit their right to contest issues raised in the original petition. It’s important for both spouses to consult with an experienced family law attorney who can help them navigate this process and ensure their rights are protected throughout.

Discovery process

The discovery process can help both parties get a better understanding of each other’s financial situation and any relevant facts about issues like child custody. An experienced family law attorney can help you navigate this process and ensure you receive all necessary information to make informed decisions throughout your divorce proceedings.

Mediation or settlement negotiations

Mediation or settlement negotiations can be a useful tool in resolving disputes and finalizing your divorce without the need for a trial. Here’s what you need to know:

Mediation: In mediation, both parties meet with a neutral third-party mediator who helps facilitate discussions and negotiate an agreement that works for both sides. Mediation is often quicker and less expensive than going to trial.
Settlement negotiations: Outside of mediation, you and your spouse (and your respective attorneys) may engage in settlement negotiations to try to reach an agreement on issues like child custody, property division, and spousal support.

If you’re able to come to an agreement through mediation or settlement negotiations, it will be submitted to the court for approval. If approved by the judge, it will become part of your final divorce decree.

Trial and final judgment

Once the trial is complete, the judge will issue a final judgment of dissolution of marriage. This document outlines how all of the issues in your case have been resolved. It may include provisions for things like:

Child support
Child custody/visitation
Alimony/spousal support
Property division

If you’re dissatisfied with the outcome of your trial or believe there were errors made during the process, it may be possible to appeal the judgment. However, appeals can be complex and time-consuming – so it’s important to work with an experienced family law attorney who understands how they work.

Timeline for Divorce in Florida

If your divorce is uncontested (meaning both parties agree to all terms), it could take as little as 30 days from the date your spouse receives notice of the divorce petition. However, if there are disputes that require litigation or negotiations, the process can take much longer.

In general, here’s what you can expect during a typical timeline for divorce in Florida:

Filing: The first step is filing a Petition for Dissolution of Marriage with the court.
Serving papers: Your spouse will be served with papers notifying them of the impending divorce.
Discovery: Both parties exchange financial information and other relevant details about their lives through discovery methods such as interrogatories (written questions) or depositions (in-person questioning).
Negotiations/Settlements: The goal is to negotiate an agreement on all issues such as child custody, alimony and property division. This may involve mediation or collaborative law approaches.
Court trial: If an agreement cannot be reached then this phase begins where both sides present evidence before a judge who makes decisions regarding how assets will be divided and any support orders necessary. This typically takes several months after filing.

An experienced family law attorney can help guide you through each step of this process and ensure that everything runs smoothly while protecting your rights throughout this difficult time.

Average time for uncontested divorce in Florida

That being said, an uncontested divorce in Florida typically takes around 30-90 days from start to finish. This assumes that both parties agree on all issues related to child custody/support, property division, and alimony (if applicable).

If you’re considering filing for divorce in Florida and believe your case may be uncontested, it’s important to work with an experienced family law attorney who can help guide you through each step of the process. An attorney can help ensure that all necessary paperwork is filed correctly and that your rights are protected throughout the process.

Average time for contested divorce in Florida

That being said, according to data from the Florida Court System in 2019:

In Miami-Dade County, it took an average of 14.6 months for a contested divorce case to reach disposition (a final decision).
In Broward County, it took an average of 10.8 months for a contested divorce case to reach disposition.
In Palm Beach County, it took an average of 12.2 months for a contested divorce case to reach disposition.

It’s important to remember that these timelines are just averages and every case is unique. An experienced family law attorney can help give you a better idea of how long your specific case may take based on its particular circumstances.

Factors that can affect the timeline of divorce

Several factors can affect the timeline of your divorce in Florida. These include:

The complexity of your case: If there are numerous assets, debts, and other issues that must be resolved, it may take longer to reach a final agreement.
Disputes over key issues: If you and your spouse cannot agree on important matters like child custody or property division, the process may be delayed as negotiations continue or court hearings are scheduled.
Court backlog: Depending on the number of cases being heard by the court at any given time, there may be delays in scheduling hearings or trials.

In addition to these factors, it’s worth noting that every divorce is unique and timelines can vary based on individual circumstances. An experienced family law attorney can help guide you through the process and ensure everything moves as smoothly as possible.

Ways to expedite the divorce process

While every divorce case is unique and timelines can vary, there are a few ways to expedite the process:

Agree on major issues: If you and your spouse can come to an agreement on major issues like child custody, property division, and spousal support without involving the court, it can significantly speed up the process.
Work with a mediator: A mediator is a neutral third party who can help facilitate negotiations between you and your spouse. This can be an effective way to resolve disputes without going through costly litigation.

In addition, hiring an experienced family law attorney who understands the nuances of Florida divorce law can also help streamline the process by ensuring that all necessary paperwork is filed correctly and deadlines are met. Ultimately, taking steps to minimize conflict and reach agreements outside of court will likely result in a faster resolution for your divorce case.

Conclusion

Divorce can be a complicated and emotional process, but knowing the basics of how divorce works in Florida can help you navigate it more easily. Remember:

The length of time it takes to get divorced in Florida depends on various factors, including whether there are disputes over key issues like child custody or property division.
In Florida, all assets and debts acquired during the marriage are considered marital property subject to equitable distribution.
Basic requirements for filing a divorce in Florida include residency and proving that the marriage is irretrievably broken.

If you’re considering getting divorced in Florida, working with an experienced family law attorney is essential. They can help guide you through each step of the process and ensure your rights are protected along the way.

Summary of divorce timeline in Florida

If all goes smoothly and there aren’t any major disputes over key issues such as child custody or property division then your divorce could be finalized within about three months after initial filing. However if there are disagreements that need resolution through litigation it could take several months (or even years) longer than this so it’s important to have realistic expectations throughout this entire process from start-to-finish!

Importance of seeking legal counsel in Florida divorce cases

In short, having competent legal counsel is crucial for achieving the best possible outcome in any divorce case. Contacting an experienced family law attorney early on in the process is highly recommended to ensure that all issues are handled appropriately from start to finish.

Final thoughts on the divorce process in Florida.

Remember that every divorce case is unique and there is no “one size fits all” solution. An experienced family law attorney can help guide you through each step of the process and ensure you get a fair outcome in a timely manner.

FAQ on ‘How Long Does a Divorce Take in Florida’

Q: What factors can affect the length of a divorce in Florida?

A: Several factors can impact how long a divorce takes in Florida. These include whether or not the divorce is contested, the complexity of issues involved (such as child custody or property division), and how busy the court system is at the time.

Q: Is there any way to speed up the divorce process in Florida?

A: In some cases, parties may be able to reach an agreement outside of court through mediation or negotiation. This can help expedite the process and avoid additional legal fees and court time.

Q: How long does it take to receive a final judgment of divorce in Florida?

A: The length of time it takes to receive a final judgment of divorce in Florida varies based on several factors, including how busy the court system is at the time and whether or not there are any contested issues that need to be resolved by a judge. In general, it can take anywhere from several weeks to several months.

Q: Can I file for an expedited divorce in Florida?

A: While there is no formal process for an expedited divorce in Florida, parties may be able to request that their case be given priority due to extenuating circumstances such as health concerns or financial hardship. However, these requests are generally evaluated on a case-by-case basis and are not guaranteed.