815 Orienta Ave. Suite 1030 Altamonte Springs, FL 32701
815 Orienta Ave. Suite 1030 Altamonte Springs, FL 32701
Filing for divorce is often a difficult and emotional decision. Once that choice is made, one of the most common questions people ask is, "How long will this take?" The answer isn't simple, as the timeline for a divorce can vary significantly depending on several factors. It's a journey with many steps, and understanding the process can help manage expectations and reduce stress.
This guide will walk you through the typical timeline for a divorce in Florida. We'll explore the difference between contested and uncontested divorces, outline the key stages involved, and explain the factors that can speed up or slow down the process. Knowing what to expect can empower you to navigate this challenging time with more confidence and clarity.
The single most significant factor determining how long your divorce will take is whether it is "uncontested" or "contested."
An uncontested divorce occurs when both spouses agree on all the major issues related to their separation. This includes:
Because all terms are agreed upon beforehand, the legal process is much simpler and faster. You and your spouse will sign a marital settlement agreement that outlines all these terms. Once the paperwork is filed with the court, a final hearing is scheduled, which is often brief. In Florida, an uncontested divorce can be finalized in as little as one to three months. This is the quickest and most cost-effective way to end a marriage.
A contested divorce happens when spouses cannot agree on one or more of the key issues. When disagreements arise, the court must intervene to make decisions. This path is more complex, involves more legal steps, and takes considerably longer. A contested divorce can last anywhere from six months to several years, depending on the complexity of the issues and the level of conflict between the parties.
If you find yourself in a contested divorce, understanding the stages of the process can provide a clearer picture of the road ahead.
The divorce process officially begins when one spouse (the "Petitioner") files a Petition for Dissolution of Marriage with the circuit court. This document states that the marriage is irretrievably broken and outlines what the Petitioner is asking for regarding property, children, and support. The other spouse (the "Respondent") must then be formally served with the divorce papers by a sheriff or process server.
Once served, the Respondent has 20 days to file a formal response, known as an "Answer." In this document, the Respondent can agree or disagree with the points made in the petition and may also file a "Counter-Petition" to raise their own issues and requests.
This is often the most time-consuming phase of a contested divorce. Both parties are required to exchange detailed financial information. This process, called "discovery," ensures that both spouses have a complete and accurate picture of the marital assets and debts. It involves:
The discovery phase can take several months, especially if one party is uncooperative or if the financial situation is complex.
In Florida, most contested divorces are required to go through mediation before a final trial can be scheduled. Mediation is a confidential process where a neutral third-party mediator helps the couple negotiate and try to reach an agreement. Many cases that start as contested are successfully resolved during mediation, which can save time, money, and emotional stress. If an agreement is reached, it is put into writing and becomes a legally binding contract.
If mediation is unsuccessful, the case moves toward trial. Before a final trial, there may be several temporary hearings to resolve immediate issues, such as temporary child support, alimony, or who gets to live in the marital home while the divorce is pending.
The final trial is where both sides present their case to a judge. They will present evidence, call witnesses, and make legal arguments. After hearing all the evidence, the judge will make a final decision on all unresolved issues. Preparing for and scheduling a trial can add many months to the divorce timeline.
After the trial, the judge will issue a Final Judgment of Dissolution of Marriage. This is the court order that officially ends the marriage and details the final terms of the divorce, including the division of property, alimony, and the parenting plan.
Navigating a divorce can feel overwhelming, but you don't have to do it alone. Understanding the timeline and the factors that influence it is the first step toward regaining control. Whether your divorce is straightforward or complex, having experienced legal guidance is crucial.
If you are considering divorce and need a dedicated family law practice in Altamonte Springs, FL, our team is here to help. We can provide the support and expertise you need to protect your interests and move forward to the next chapter of your life. Contact Frank Family Law today for more information and to schedule a consultation.