Navigating the Florida Divorce Process: Timelines and Tips for a Smooth Separation
An uncontested divorce typically takes about 6-10 weeks after both spouses have signed and filed all necessary documents with the court. In contrast, a contested divorce can last anywhere from 40 days to several months or even years, depending on whether it goes to trial.
The type of divorce significantly impacts its duration. A simplified divorce is usually straightforward and quick, while a contested divorce often requires more time, emotional investment, and financial resources.
Residency Requirements for Divorce in Florida
Regardless of the type of divorce, one or both spouses must meet the residency requirements to initiate the legal process. This means residing in Florida for at least six months before filing.
Florida Divorce Waiting Period
Florida divorce laws mandate a 20-day waiting period after filing, during which the responding spouse has an additional 5 days if mailed via USPS. Known as the “mailbox rule,” this period allows spouses to reconsider their decision to end the marriage and attempt reconciliation.
How Long Does the Divorce Process Take?
The average time to finalize a divorce varies based on the type of dissolution:
Simplified Divorce: Approximately 30 days.
Uncontested Divorce: Up to 4 months.
Contested Divorce: From 9 months and longer.
Mediated Divorce: Around 5 months on average.
Every couple filing for divorce in Florida aims to complete the process as quickly and smoothly as possible. However, factors such as disagreements over property division or child custody can delay proceedings, sometimes extending the timeline beyond a year.
Simplified Divorce Timeline
A simplified divorce usually takes about 30 days, not including the time spent preparing the necessary forms. To qualify for a simplified divorce in Florida, spouses must meet these criteria:
Agree to the simplified divorce process
Meet the residency requirements (reside in Florida for at least 6 months before filing).
Have no children together (and the wife must not be pregnant).
Waive alimony.
Pre-arrange the division of marital property.
Once both spouses sign and file the petition and related financial documents, the court will set a hearing date at least 20 days later. If the paperwork is correctly completed, the court will dissolve the marriage.
Contested Divorce Timeline
A contested divorce in Florida can take several years and involves significant judicial intervention. The process typically includes the following steps:
Filing the petition to start the divorce proceedings
Serving the spouse, which can take up to 3 weeks.
The defendant’s answer, due within 20 days.
Financial disclosure, which can take about 3 months.
Mediation, usually occurring around 5 months after filing.
Final hearing, approximately 5-6 months after starting the case.
Delays in financial disclosures and testimonies are common strategic defenses used to increase attorney fees, postpone child support payments, or hide assets.
Uncontested Divorce Timeline
An uncontested divorce in Florida generally takes 2-3 months, based on the spouses’ willingness to cooperate and reach a mutually beneficial agreement. To file for an uncontested divorce, both parties must agree on key issues like property division, child custody, and spousal support. This process may take about 3 weeks to prepare. After filing, the waiting period for the final hearing begins, which usually does not exceed 3 months. Typically, uncontested divorces are finalized within 4 months.
Divorce with Children in Florida
When a divorce involves children, the process can proceed in two ways:
Uncontested Divorce: If the parties agree on custody, child support, and parenting plans, the procedure takes less than 4 months.
Contested Divorce: If there are significant disagreements on child-related issues, the divorce can take from six months to several years, depending on the case details.
Finalizing the Divorce
A divorce is considered final after the court issues a divorce order at the final hearing. In uncontested divorces, the final hearing occurs about 6-8 weeks after the process starts. For contested divorces, it often takes 5-6 months to schedule the final hearing. The hearing itself can be brief or last several hours, depending on the issues to be resolved.
Tips for a Quick Divorce in Florida
To expedite the divorce process, spouses should:
Ensure that all divorce documents are correctly filled out.
Cooperate to reach a mutually beneficial agreement.
Ensure the agreement complies with local legislation.
Monitor the court’s workload.
Amicably resolving issues related to property division and child custody is crucial for a fast divorce. Simplified and uncontested divorces can be finalized quickly (1-4 months), while contested divorces may take years.
How to Get a Quick Divorce in Florida
Divorce cases in Florida can be lengthy, often deterring spouses from ending their marriage. The main reason for delays is the inability to agree on key issues, leading to numerous court hearings, which are costly and stressful.
Spouses often lack knowledge of the divorce process and may struggle with completing divorce papers. Using online services can help at the beginning, but only a licensed attorney can represent you in court and fix any mistakes. With the right set of forms and instructions, the process becomes more manageable.
My name is Attorney Gabriel Carrera, and I am here to help you. Call my law firm to set up a free 15-30 minute consultation to review your case and get a quote. Please call 954-533-7593 to take the first steps toward your dissolution of marriage!
