“How long will this process take?” This is one of the first questions anyone considering a divorce asks when they enter our office.
The answer is honestly, ‘it depends.’ Is the divorce a simple one, or will it be contested? How long have you been married? Are there children? Was property or assets purchased during the marriage?
The timeline for divorce in Florida varies, ranging from a few months to over a year for more complex cases.
Understanding the steps involved and recognizing potential delays can help you set realistic expectations and prepare for the process.
After 40+ years, our firm of experienced family law attorneys understands how emotionally and financially draining divorce can be. This guide will explain the typical divorce timelines in Florida, the factors that may impact how long your divorce might take, and common obstacles to watch for.
Typical Divorce Timeline in Florida
The length of time a divorce takes in Florida often depends on whether the case is uncontested or contested. Here’s a breakdown of each:
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Uncontested Divorce Timeline in Florida: 3 to 6 Months
An uncontested divorce is the quickest and least complicated. In this type of divorce, both spouses agree on all major issues, including property division, child custody, and spousal support. Because there are no disputes, the court can finalize the divorce relatively quickly.
The general steps for an uncontested divorce include:
- Filing the Petition: One spouse (the petitioner) files for divorce and serves the other spouse (the respondent). The respondent has 20 days to file their response.
- Settlement Agreement: If both spouses agree on all issues, they sign a Marital Settlement Agreement outlining how property, custody, and support will be handled.
- Final Hearing: After filing the settlement, a judge reviews the agreement and issues a Final Judgment of Dissolution of Marriage.
Since uncontested divorces have fewer complications, they can be finalized in as little as three months, depending on the court’s schedule.
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Contested Divorce Timeline in Florida: 9 Months to Over a Year
A contested divorce occurs when spouses cannot agree on critical issues, such as child custody, asset division, or alimony. These disagreements often lead to more extended legal proceedings, including mediation or a trial.
Steps in a contested divorce include:
- Filing the Petition: One spouse files a petition, and the other responds. The response may include a counter-petition outlining their own requests.
- Discovery Process: Both sides exchange relevant financial documents. This step can be lengthy, especially if complex assets or financial disputes exist.
- Mediation: Florida requires couples to attend mediation to resolve disputes before going to trial. If successful, the divorce can proceed more quickly; if not, the case heads to court.
- Trial: If the parties can’t agree, a judge will decide on the contested issues. Court backlogs and busy schedules can add months to the process.
6 Key Factors That Influence the Divorce Timeline
Several factors can impact the duration of your divorce:
- Level of Cooperation Between Spouses
The more both parties cooperate, the quicker the divorce can proceed. Disputes, conflict, or refusal to negotiate can drag out the process.
- Complexity of Assets
Divorces involving substantial assets, business interests, or retirement accounts often require additional steps, such as appraisals and financial expert involvement, which can extend the timeline.
Disputes over time-sharing and who will make decisions regarding the children’s health, education, and welfare are among the most time-consuming parts of a divorce, as courts prioritize the best interests of the children. If an agreement can’t be reached, it may involve outside professionals and extensive legal proceedings.
- Court Scheduling
Court availability also affects your timeline. Overburdened court dockets may delay your hearings and final judgment in some counties.
- Mediation Success
Mediation is an essential step in resolving issues without court intervention. The success of mediation can significantly shorten the divorce process, while failure to reach an agreement can prolong it.
Tips to Avoid Delays
While some delays are beyond your control, there are steps you can take to avoid unnecessary setbacks:
- Work Cooperatively: Cooperation and willingness to compromise will speed up the process. Be open to mediation and avoid escalating conflict.
- Provide Financial Disclosures Promptly: Gather and disclose financial information early to avoid delays during discovery.
- Hire an Experienced Divorce Attorney: A knowledgeable attorney will help you navigate the complexities of your case and avoid common pitfalls.
The Last Tip: Why Hoffman, Larin & Agnetti?
Family law matters are often emotionally charged and complex. With over 40 years of experience, our dedicated team understands that these are not ‘cases’; we are dealing with you, your family, and often, your business. Our experienced attorneys are here to guide you through every step of the process, protecting your rights and advocating for your best interests.
There is a reason that so many of our clients are referred to our firm by clients and other attorneys.
Call us at 305-653-5555, text us at 305-653-1515, email us at [email protected], or fill out the form on this page, and we will call you. We will meet with you at any of our four offices or by ZOOM if that is easier for you.
Hoffman, Larin & Agnetti….Experience and Results Matter
Additional Article from Martin L, Hoffman, Esq. that might be helpful:
How Florida Courts Decide Custody: Debunking Common Myths About Time-Sharing and Child Support
7 Crucial Divorce Questions You’re Afraid to Ask (But Need To)
