Divorce is rarely a quick or easy process, but understanding the expected timeline can help you prepare for what lies ahead. If you are considering filing for divorce in Florida, you may be wondering how long the process will take and what factors influence the duration. The length of a Florida divorce varies depending on whether it is uncontested or contested, as well as other legal and logistical factors that can cause delays.
As a Tampa divorce lawyer, I’ve helped numerous clients navigate both straightforward and complex divorces, and I know that time is often a critical concern. In this guide, we’ll break down the expected timeline for a Florida divorce, explore common delays, and offer tips on how to expedite the process.
Uncontested vs. Contested Divorce: What’s the Difference?
The timeline of your Florida divorce largely depends on whether it is uncontested or contested.
Uncontested Divorce
An uncontested divorce is when both spouses agree on all major issues, including:
- Division of assets and debts
- Child custody and parenting plans (if applicable)
- Spousal support (alimony)
Since there is no need for litigation or court intervention beyond basic approval, an uncontested divorce is the fastest way to dissolve a marriage in Florida.
Timeline for an Uncontested Divorce in Florida:
- Filing the Petition – 1 to 2 weeks
- Serving the Other Party – 1 to 3 weeks
- Mandatory Waiting Period – 20 days (Florida law requires a minimum waiting period before a divorce can be finalized)
- Finalizing the Divorce – 1 to 4 weeks (depending on court availability)
Total Estimated Time: 4 to 12 weeks
Contested Divorce
A contested divorce occurs when spouses cannot agree on key issues, requiring legal negotiations, mediation, or even a trial.
Timeline for a Contested Divorce in Florida:
- Filing the Petition – 1 to 2 weeks
- Serving the Other Party – 1 to 3 weeks
- Response and Counterpetition – 20 days
- Discovery and Financial Disclosures – 1 to 6 months
- Mediation or Settlement Negotiations – 1 to 6 months
- Trial Preparation and Court Scheduling – 6 months to 1 year
- Final Hearing or Trial – Varies (can take an additional 3 to 12 months)
Total Estimated Time: 6 months to 2 years
Common Delays in Florida Divorces
1. Disagreements Over Key Issues
- The more disputes between spouses, the longer it takes to resolve them.
- Mediation can help, but if both parties refuse to compromise, a trial may be required, adding months to the process.
2. Delays in Serving Divorce Papers
- If one spouse cannot be easily located or evades service, this can significantly extend the process.
- Alternative service methods, such as publication, can take weeks or months.
3. Slow Financial Disclosures
- Florida law requires both parties to submit financial affidavits.
- If one spouse delays providing documents or attempts to hide assets, discovery can take months.
4. Backlogged Courts
- Court schedules vary by county, and some jurisdictions have months-long waiting lists for hearings.
- Hiring an experienced Tampa divorce lawyer can help navigate scheduling efficiently.
5. Custody Evaluations and Parental Disputes
- If parents cannot agree on custody, the court may order psychological evaluations or parenting assessments, delaying the process.
6. Spousal Support Disputes
- If one spouse contests alimony, expert testimony on financial needs may be required, leading to longer litigation.
7. Appeals and Post-Judgment Modifications
- If one party is unhappy with the court’s decision, they may file appeals or request modifications, extending the timeline.
How to Speed Up the Divorce Process
1. Choose an Uncontested Divorce (If Possible)
If both spouses can agree on key issues, an uncontested divorce is the fastest route to finalization.
2. Work With an Experienced Tampa Divorce Lawyer
An attorney who understands Florida divorce laws can streamline paperwork, ensure timely filings, and anticipate potential roadblocks.
3. Be Prompt With Paperwork and Financial Disclosures
Respond to requests quickly and provide complete documentation to avoid unnecessary delays.
4. Consider Mediation
Mediation can help resolve disputes without court intervention, saving months or even years of litigation.
5. Avoid Unnecessary Conflict
The more cooperative both parties are, the faster the process moves forward.
6. Stay Organized and Communicate Effectively
Keep track of deadlines, court dates, and required documents to prevent unnecessary setbacks.
FAQ
1. What is the shortest possible time to get a divorce in Florida?
The shortest time is about four weeks, assuming both parties agree on all terms and there are no court delays.
2. Can I get a divorce without going to court?
Yes, an uncontested divorce often does not require a court appearance. Your attorney can submit the necessary paperwork for approval.
3. Does Florida have a mandatory separation period before divorce?
No, Florida does not require spouses to be legally separated before filing for divorce.
4. What if my spouse refuses to sign the divorce papers?
If your spouse refuses to respond, you may be able to proceed with a default divorce, which takes longer but is still possible.
5. Can I speed up a contested divorce?
Yes, hiring an experienced Tampa divorce lawyer, participating in mediation, and staying organized can reduce delays.
6. How long does mediation take in Florida divorces?
Mediation usually lasts 1 to 3 months, depending on the complexity of the issues involved.
7. What happens if my spouse is hiding assets?
Your lawyer can request forensic accounting to uncover hidden assets, but this can add several months to the case.
8. Can I date during my divorce in Florida?
Yes, but dating may complicate custody and alimony negotiations, especially if your spouse uses it against you in court.
9. How long does it take to finalize child custody in a divorce?
Child custody can be resolved quickly in uncontested cases but may take 6 months to a year in contested divorces.
10. Do both spouses have to agree on everything for an uncontested divorce?
Yes, all major financial, custody, and property division issues must be settled to qualify as uncontested.
Conclusion
The length of a Florida divorce depends on many factors, from whether it is uncontested or contested to how cooperative both spouses are. If you want a faster divorce, choosing an uncontested path, staying organized, and working with a Tampa divorce lawyer can make all the difference.
By understanding the process and preparing accordingly, you can navigate your divorce as efficiently and smoothly as possible.
The McKinney Law Group: Divorce Attorneys Who Fight for Tampa Clients
A divorce is one of the most life-altering events a person can go through. At The McKinney Law Group, we provide strong legal representation for Tampa residents seeking fair and just divorce outcomes.
Our firm specializes in:
✔ Marital property and asset division
✔ Spousal support and alimony negotiations
✔ Child custody, visitation, and support agreements
✔ Complex and high-net-worth divorces
✔ Modifications and enforcement of court orders
We tailor our approach to meet your specific needs, whether you’re seeking a collaborative resolution or require aggressive litigation.
For expert divorce representation in Tampa, contact Damien McKinney at 813-428-3400 or email [email protected] today.