How long does a divorce take in Florida?

Understanding the Timeline for Divorce in Florida

If you’re considering divorce in Florida, one of your biggest questions is probably: How long will it take? The answer depends on several factors, including whether your divorce is contested or uncontested, how busy the court is, and whether you and your spouse can agree on key issues. Let’s break down what you need to know.

Types of Divorce in Florida and Their Timelines

Florida law provides two main types of divorce: simplified dissolution of marriage and regular dissolution of marriage (which can be contested or uncontested). Each type has a different timeline.

1. Simplified Dissolution of Marriage (Fastest Option)

If you and your spouse agree on everything and meet certain criteria, you may qualify for a simplified divorce. This process is:

• Typically finalized in 30 days after filing.
• Available only to couples without children and without significant financial disputes.
• Requires both spouses to appear in court together for the final hearing.

2. Uncontested Divorce (Average: 4–6 Weeks)

An uncontested divorce means both spouses agree on all major issues, including property division, alimony, and child support. The process typically follows these steps:

1. File a Petition for Dissolution of Marriage in the county where either spouse resides.
2. The other spouse files an answer agreeing to the terms.
3. Both parties complete a financial disclosure (required in most cases).
4. The court schedules a final hearing, usually within 4–6 weeks if there are no delays.

3. Contested Divorce (Can Take 6 Months to Over a Year)

If spouses disagree on significant issues, the divorce becomes contested. This process involves:

• Mediation (often required by Florida courts to resolve disputes).
• Discovery phase, where both parties exchange financial and legal documents.
• Court hearings to determine temporary arrangements for support and custody.
• Trial (if needed), which can extend the timeline 6 months to 1+ year.

Factors That Affect How Long a Divorce Takes

Several elements influence how quickly or slowly a divorce moves through the system:

1. Court Backlogs and County Variations

Each Florida county has different processing speeds. For example, divorces in Miami-Dade or Broward County may take longer due to high case volumes (Florida Courts).

2. Cooperation Between Spouses

If both parties communicate well and quickly submit required documents, the process moves faster. Disagreements and delays in paperwork can significantly extend the timeline.

3. Child Custody and Support Issues

Divorces involving children often take longer because the court prioritizes the best interests of the child, requiring evaluations and sometimes parenting plans (Florida Department of Children & Families).

4. Financial Complexity

High-asset divorces or those involving businesses, multiple properties, or disputes over alimony often require extensive financial review, prolonging the case.

What to Expect at Each Stage of the Divorce Process

1. Filing the Petition (1–2 Weeks)

The divorce process begins when one spouse files a Petition for Dissolution of Marriage and serves it to the other spouse.

2. Response from the Other Spouse (Up to 20 Days)

The responding spouse has 20 days to file an answer. If they agree to the divorce terms, the process moves forward quickly. If not, negotiations or court intervention may be required.

3. Financial Disclosure (Up to 45 Days After Filing)

Both spouses must submit financial affidavits, including income, assets, debts, and expenses (Florida Bar Association).

4. Mediation or Settlement Negotiations (Varies)

If the divorce is contested, Florida courts require mediation to help both parties reach an agreement before trial.

5. Final Hearing or Trial (Weeks to Months)

For uncontested cases, the final hearing can be scheduled within a few weeks. If the case goes to trial, it may take several months before a judge issues a ruling.

FAQ: Your Top Questions Answered

1. What’s the fastest way to get a divorce in Florida?

A simplified dissolution of marriage is the quickest, often finalized in 30 days if both spouses agree on all terms and meet the requirements.

2. Can a divorce be completed without going to court?

Yes, in uncontested cases, you may only need a brief court appearance for final approval.

3. What happens if my spouse refuses to sign divorce papers?

If your spouse does not respond within 20 days, you can request a default divorce, which may be granted without their participation.

4. How long do I have to live in Florida before filing for divorce?

At least six months of residency is required before you can file for divorce in Florida (Florida Legislature).

5. Can a divorce be finalized faster if both spouses agree?

Yes, if there are no disputes, an uncontested divorce can be finalized in as little as 4–6 weeks.

Final Thoughts: How to Move Through Divorce Efficiently

The time it takes to finalize a divorce in Florida varies widely based on cooperation, court schedules, and complexity. If you’re looking to move through the process smoothly, consider working with a divorce attorney or mediator to speed up negotiations and paperwork.

By understanding the process and preparing in advance, you can avoid unnecessary delays and focus on the next chapter of your life.