How Long Does It Take to Get a Divorce In Florida?

Once a person decides to divorce their spouse, they often want to get the divorce as soon as possible. However, the Florida divorce process has specific time periods that cannot be changed or avoided. Some divorces in Florida may be finalized in a few weeks, but other cases may take a year or longer to complete.

It is important to remember that the Florida residency requirements apply to all divorces. One or both spouses must live in Florida for at least six months before filing a Petition for Dissolution of Marriage. Therefore, if you and your spouse just moved to Florida, you must wait at least six months before you start the divorce timeline.

What Type of Divorce Are You Filing?

The type of divorce you file is one of the most significant indicators of how long it takes to get a divorce in Florida. The type of divorce you may qualify to file also depends on whether you and your spouse agree to the terms of the divorce.

The types of divorce a couple may seek include:

Simplified Divorces in Florida

The timeline for a simplified divorce is shorter than other divorces. This process is the quickest and easiest way to get a divorce in Florida. However, you must meet very specific requirements for a simplified divorce, which include:

  • You and your spouse do not share any minor children, and the wife is not pregnant
  • Both spouses must agree to waive alimony
  • Both spouses must appear at the final hearing
  • Neither spouse objects to the simplified divorce process
  • You and your spouse agree on property division and division of debts

Both spouses must sign and file the petition for a simplified divorce, including attached financial affidavits. The court schedules a hearing no less than 20 days after you file the petition. The court can grant the divorce at the hearing if everything is in order. Depending on the court’s schedule, you could obtain a simplified divorce in less than a month.

Uncontested Divorces in Florida

If you do not meet the requirements for a simplified divorce, the second quickest divorce is an uncontested divorce. In an uncontested divorce, the spouses must agree to all terms of the divorce. Issues in a divorce include property division, child custody, spousal support, and child support.

One spouse files divorce papers with the court and serves the other spouse. Even though the spouses agree, there is a 20-day period for the responding spouse to file an answer to the divorce papers. The timeline may move quicker if the responding spouse files an answer with the court agreeing to all the terms outlined in the divorce complaint.

The court schedules a hearing. If each spouse appears at the hearing and states their agreement to the terms in the divorce papers, the judge may grant the divorce at the hearing. The average time for an uncontested divorce is a matter of a few months or so, depending on the court’s schedule.

It helps to hire an experienced divorce attorney to prepare the documents, especially when children are involved. The court must review custody and support terms to ensure they comply with state law and are in a child’s best interest. A divorce lawyer understands the law and Florida’s child support guidelines. As a result, the proposed agreement presented to the court is more likely to be approved.

Contested Divorce in Florida

A contested divorce takes the longest to complete. The spouses do not agree to one or more divorce terms. For example, a parent may allege the other parent is unfit. The couple may disagree about property division or spousal support.

The divorce process for a contested divorce includes:

  • Filing of initial divorce papers (i.e., divorce petition and summons)
  • Legal service of the divorce papers on the responding spouse
  • 20-day period for the responding spouse to file an answer and serve it on the petitioning spouse
  • The parties engage in discovery to exchange information and evidence
  • Completion of mandatory parenting courses and/or mediation (these steps may be required in an uncontested divorce as well)
  • Final trial

A contested divorce could take months or years to complete. A contested divorce may end quicker if the parties negotiate a settlement. Each divorce case is unique. A divorce lawyer in Orlando can assess your situation and explain what you may expect during your divorce case.

Contact Our Divorce Law Firm in Orlando, FL

Hiring an experienced Orlando divorce lawyer can help you obtain your divorce as quickly as possible. We understand the legal process and keep cases moving toward a conclusion.

Still have questions about divorce lawyer costs? Contact the experienced Orlando divorce lawyers at McMichen, Cinami & Demps today for legal assistance. Contact our Orlando, FL office at (407) 898-2161 to schedule a free consultation.

McMichen, Cinami & Demps – Orlando Office
1500 E Concord St
Orlando, FL 32803