How Long Does the Divorce Process Take in Florida?

Divorce can be a stressful process and we understand that many people want it to be resolved as quickly as possible. However, depending on the type of divorce, there are steps that may vary. In Florida, the amount of time it takes to get divorced will ultimately depend on a variety of factors including:

The type of divorce: Contested divorces take longer than uncontested divorces due to the numerous issues involved and the likely constant disagreement. Contested divorces will likely involve mediation and many court hearings, which can take months to complete.

How complex the financials are: The more financial assets and liabilities that are being split and argued over, the longer it will likely take to decide how to divide them equitably. With high- net-worth individuals, it may take months to identify and cover every asset that they own when deciding how to distribute them. This can get especially complicated when real estate and businesses are involved, which can ultimately come down to a court having to decide values and how to distribute them. When the spouses make over $50,000.00, they must fill out a long form Financial Affidavit, and if the case takes many months, or even years, multiple may need to be filed for each spouse as finances change. See Family Law Financial Affidavit (long form).

The courts: In a final hearing for contested divorces, not only may the judge affect the length of the case, but also the county and their specific rules. Florida statutes must always be followed, but the court process may take longer in certain counties depending on how large of a caseload the judge has and how each judge chooses to approach his or her cases. See 15th Circuit Administrative Orders if your case is in Palm Beach County.

The will of both parties: The spouses have the largest say in how long the divorce process will be. If one of the spouses feels as though they are not getting a "fair deal”, they may choose to fight their spouse until they get what they feel they deserve. If a couple wants the quickest divorce possible though, their best option is to set aside their emotions and treat the issues like a business and just get it done. There are different types of divorces in Florida including simplified dissolution, uncontested dissolution, and contested dissolution.

Simplified Cases

Simplified dissolution is when the couple asks the court for a divorce together. This is a quick and very efficient method for divorce and the couple must meet these requirements:

• There must be no minor children from the marriage.
• There must be no pregnancy at the time of filing.
• Both parties may complete a “Financial Affidavit” and “property settlement agreement” no matter if property is owned or not.
• Both parties must attend the final divorce hearing.

Uncontested Cases

This is typically one of the quickest types of divorce processes spouses can take. An uncontested divorce is when both parties are on the same page on all marital issues and terms surrounding their divorce. Both parties are cooperative in the process and all necessary documents are agreed to. These matters can be finalized in just a few weeks or months depending on the court’s availability and related timing issues.

Contested Cases

This is the most common type of divorce in Florida. This type of divorce is when the spouses do not agree on all terms of their divorce and one party prepares their case then “serves” it to the other party. These matters can take months, even years depending on the complexity of the issues and the court’s ability to set the trial and or other matters. See Petition for Dissolution of Marriage with Dependent or Minor Child(ren)

The average time it takes to get a divorce in Florida depends on the county, but it is generally 6- 12 months, according to our team of lawyers here at Yaffa Family Law Group. There are countless factors that can affect how long a divorce takes. But the bottom line is, the amount of time a divorce may take varies case-to-case.

Frequently Asked Questions

If you're facing a family law matter in South Florida, the experienced attorneys at Yaffa Family Law Group's Divorce practice are here to help. Our team understands Florida family law and can guide you through every step. View all our practice areas or contact us today for a confidential consultation.

There is also a waiting period that may be applicable in your divorce case. According to Florida Statute 61.19, “No final judgment of dissolution of marriage may be entered until at least 20 days have elapsed from the date of filing the original petition for dissolution of marriage…” See Florida Statute 61.19.

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