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How Long Does a Divorce Take in Florida? What To Know

Spouses waiting with legal paperwork as they consider how long a divorce takes in Florida

Once you clear the first hurdle of how to file for divorce in Miami-Dade or elsewhere in Florida, the next question becomes, how long does a divorce take in Florida? The answer to this, hinges on multiple factors, such as the complexity of issues surrounding your case and whether or not the divorce is contested. Below, you’ll find a typical Florida divorce timeline, along with circumstances that can either accelerate or delay the process. Knowing what to expect ahead of time will help you navigate the process efficiently and avoid potential setbacks.

Does Florida Have a Waiting Period for Divorce?

The state of Florida has a mandatory waiting period of 20 days between filing the divorce petition and when a judge can finalize the divorce. However, this Florida divorce waiting period is just the legal minimum. The actual timeline can extend much longer than 20 days, often continuing on for several months.

Aside from the initial Florida divorce waiting period, many other variables can impact a Florida divorce timeline, the most common being whether it’s a contested versus uncontested divorce. Some additional factors that can drag out the process include disputes over child custody or the division of assets, mediation or financial disclosure complications, and caseload issues or scheduling conflicts within the court system.

Florida Divorce Timelines: How Long Does Each Type of Divorce Take in Florida?

No two divorces are the same, which means each Florida divorce timeline will also be different. The length of the process is often based on the type of divorce involved. Here in the state of Florida, most divorces fall into three main categories: simplified dissolution of marriage, uncontested divorce, and contested divorce. Here’s what each of these proceedings entails and how long you can expect them to take, on average.

Simplified dissolution of marriage

A simplified dissolution of marriage is the fastest divorce option available in Florida. Couples who qualify for a simplified dissolution can expect it to be finalized in about six weeks to two months, on average. With this type of divorce, both parties waive their right to a trial and agree on all terms of the settlement, making it an expedient and affordable process. However, to be eligible for a simplified dissolution, you must meet the following criteria:

  • You both must agree on the division of all shared assets, debts, and property.
  • You can’t have any minor or dependent children together, and the wife cannot be pregnant.
  • Neither of you can seek alimony from the other.
  • At least one of you must have been a Florida resident for at least six months before filing the divorce petition.
  • You both must file the petition jointly, attend a final court hearing depending on your jurisdiction, and, if applicable, complete a marital settlement agreement.

Uncontested divorce

With an uncontested divorce, both spouses agree on all the major issues of their settlement, including asset division, alimony, debt allocation, and child support or custody arrangements. After one spouse files a divorce petition and the other spouse receives or waives formal service, it usually takes between one and two months for the court to finalize the divorce. Here’s a breakdown of the average Florida uncontested divorce timeline:

  • Week 1: One spouse files the petition, the other spouse receives or waives formal service, and both start to exchange their financial disclosures.
  • Week 2: Both parties submit required court documents and sign the marital settlement agreement, which specifies the division of assets, and Parenting Plan to address time-sharing and child related issues.
  • Week 3: Florida’s 20-day waiting period expires. This makes the case now eligible for final review by a judge.
  • Weeks 4–8: The court reviews all documentation, schedules a final hearing with both parties, and enters its Final Judgment of Dissolution of Marriage. Some jurisdictions do not require a hearing, instead the parties submit a Special Affidavit for Remote Uncontested Hearing.

Contested divorce

With a contested divorce, both spouses can’t reach an agreement on one or more issues, including asset division, alimony, debts, or parental arrangements. In some cases, there might even be a dispute as to whether the divorce should occur. This requires the court to intervene through mediation, hearings, and a trial if negotiations stall.

Due to the unpredictable nature of contested divorces, it can take six to 18 months for a settlement to be finalized. Here’s what to expect in a Florida contested divorce timeline, but keep in mind that the actual length can vary based on how complex these unresolved issues are and the level of conflict between the spouses.

  • Month 1: One spouse files the divorce petition, and the other spouse files an answer or counterpetition in response.
  • Months 2–3: Both parties exchange their financial disclosures, then enter the discovery process, which can include attorney document requests, interrogatories, depositions, and expert evaluations on financial, vocational, or parental matters.
  • Months 4–6: The court schedules hearings to resolve issues like alimony, child support, or temporary use of assets while the case is still pending.
  • Months 7–9: Both parties attend mediation in an effort to resolve disputes and reach a final settlement without going to trial.
  • Months 10–17: If mediation isn’t successful, the court schedules a trial so the judge can hear each side’s testimony on all unresolved issues.
  • Month 18: The court enters its Final Judgment of Dissolution of Marriage, which outlines each spouse’s rights, obligations, and allocations of assets and debts in the settlement.

Overview: Florida Divorce Timeline at a Glance

As we’ve established, numerous factors can influence the answer to your question, “How long does a divorce take in Florida?” But as a starting point, the table below offers a quick snapshot of the average Florida divorce timeline for each type of proceeding.

Divorce Type Typical Timeline Best For
Simplified Dissolution 6 weeks to 2 months Couples in a short marriage with no asset issues or minor children who want a quick, amicable divorce
Uncontested Divorce 1 to 2 months Couples who agree on the division of assets, debts, child custody, financial support, and other legal matters
Contested Divorce 6 to 18 months Couples facing custody disputes, financial disagreements, or other unresolved issues

What Factors Can Delay a Divorce in Florida?

While some divorces can be finalized at a relatively quick and smooth pace, others might run into financial, clerical, or familial issues that lengthen the process. Here are some of the main factors that could potentially stretch out a Florida divorce timeline and make it harder to reach a timely resolution. It’s important to be aware of these obstacles so you can plan ahead for challenges and minimize delays as much as possible.

Disagreements between spouses

Disputes over alimony, retirement accounts, parental arrangements, and the division of assets or debts are notorious for stretching out a Florida divorce. These issues may require court hearings or even a trial if both spouses can’t reach an agreement in mediation.

Discovery and financial documents

The financial disclosure process can tack months onto the divorce process if the documentation is unclear, inconsistent, or missing entirely. This forces attorneys to seek clarification or request more records before any negotiations can move forward. Other delays can occur if a spouse won’t disclose certain financial assets, bank accounts, or transactions, which can create uncertainty around shared business interests, investments, and property values.

Court scheduling conflicts or delays

The court’s own availability can also impact a Florida divorce timeline, especially when filing in a county with limited judicial resources. Issues such as congested court dockets or case backlogs make it hard to schedule deposition, hearing, and trial dates. School breaks, holidays, or severe weather disruptions can slow the proceedings, too.

Children and parenting requirements

If you have minor children, this can further complicate the divorce terms and significantly extend the overall timeline. Disagreements over custody, timesharing, child support, or other parental arrangements often lead to lengthy mediation and court intervention. Florida law also mandates that both spouses take a parenting course within 45 days of filing the divorce petition. A judge can’t finalize the divorce until the course has been completed.

Problems serving the other spouse

Service delays also lengthen the divorce process due to issues such as difficulty locating the other spouse or a refusal to communicate or cooperate. However, since Florida is a no-fault state, both spouses don’t have to agree to the divorce for it to move forward. The only criterion is that the marriage be irretrievably broken, so if one spouse won’t sign, the case can still proceed as a contested divorce.

How to Speed up a Divorce in Florida

Florida divorce attorney reviewing legal documents with a client to help speed up the divorce process

We’ve talked about how long a divorce takes in Florida. Now let’s discuss how to streamline the process for a timely resolution. While the exact Florida divorce timeline can (and often does) fluctuate, there are proactive measures you can take to accelerate the proceedings. Follow these steps to move your case through the court efficiently and avoid frustrating delays.

  • Aim for an uncontested divorce if at all possible, or use a collaborative legal team to negotiate on behalf of both spouses to avoid a lengthy court battle.
  • Treat the mediation process like a meeting — come ready with a clear agenda and a few solid options for how to resolve each issue.
  • Organize your financial documents as PDF files in one folder early in the proceedings.
  • Agree on shared property values using an appraiser that both parties trust, and make sure you align on the division of all assets and debts.
  • Don’t put off taking the court’s mandatory parenting course if you have minor children.
  • Respond to attorney requests for information in a timely manner and prioritize succinct, straightforward communication.
  • Be flexible with your hearing dates and agree to the first available timeslot to minimize scheduling issues in court.
  • Hire an experienced divorce lawyer with a track record for maintaining efficiency while advocating for their clients’ personal and financial interests.

Vasquez de Lara Law Group Is Here to Help You with Your Florida Divorce

If you’re in the midst of a divorce in Florida, it’s vital to hire experienced, competent lawyers. These professionals will walk you through each step of the Florida divorce timeline and work on your behalf to ensure a reasonable, equitable settlement. At Vasquez de Lara Law Group, our team has the legal expertise to help you navigate the intricacies of this process with confidence. Schedule a free case evaluation with Vasquez de Lara Law Group today. We serve divorce clients throughout Florida and represent clients in court in Miami-Dade and Broward counties.

About the Author

Vanessa_Vasquez De Lara Divorce Attorney

Vanessa Vasquez de Lara is a Miami divorce lawyer, author, and legal commentator with more than 20 years of experience helping families navigate divorce, child custody disputes, and complex family law matters throughout Florida. She is the founder and managing partner of Vasquez de Lara Law Group, one of the largest family-law-only firms serving Miami-Dade and Broward counties, with a team of attorneys dedicated exclusively to divorce and family law.

A graduate of the University of Miami School of Law, Vanessa has been recognized for her professional excellence by being named to the Super Lawyers list every year since 2016. She is also the author of the bestselling book “The Florida Man’s Guide to Getting Divorced” which provides practical insight into the legal, financial, and personal realities of divorce in Florida.

Fully bilingual in English and Spanish, Vanessa is frequently invited to provide legal commentary on family law issues in national media, including appearances on NBC and Univision’s Despierta América.

Beyond her legal work, Vanessa is the founder of the Ricky Supreme Scholars Foundation, created in honor of her brother who lost his life to gun violence. Through the foundation, she provides scholarships to high school students to help them pursue higher education and build brighter futures.

Connect with Vanessa:
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