Divorce is often described as one of the most stressful legal processes a person can face. Understanding the timeline of a typical divorce case in Hillsborough County can reduce anxiety, promote preparation, and empower you to make informed decisions at every stage. While no two divorces are exactly the same, most cases follow a similar procedural roadmap from initial filing to final judgment.
Florida law provides a structured framework for divorce cases, but the duration and complexity of each step can vary depending on the level of conflict, the presence of minor children, the scope of assets and debts, and each party’s willingness to cooperate. Whether your case is resolved in a matter of months or takes over a year, working with a knowledgeable Tampa divorce lawyer will ensure that your interests are protected throughout the process.
Below is a breakdown of each major phase of a typical divorce case in Tampa, what to expect, and how your attorney will help you navigate every step.
Step 1: Pre-Filing Preparation
Before the divorce is officially filed, you and your Tampa divorce lawyer should spend time preparing your case. This includes:
- Gathering financial records (tax returns, bank statements, retirement accounts, property titles, debts)
- Identifying marital and non-marital assets
- Discussing goals regarding time-sharing, child support, alimony, and property division
- Determining if a prenuptial or postnuptial agreement exists
- Planning whether to seek temporary relief
This phase may take a few weeks, depending on how complex your financial circumstances are and whether any emergency issues (like exclusive use of the marital home or custody) need to be addressed immediately.
Step 2: Filing the Petition (Day 1)
The divorce process formally begins when one spouse (the petitioner) files a Petition for Dissolution of Marriage with the Clerk of Court in Hillsborough County. The petition outlines the basic facts of the marriage and the relief sought, such as:
- Equitable distribution of assets
- Parenting plan and time-sharing
- Alimony
- Child support
- Attorney’s fees
Your Tampa divorce lawyer will prepare and file this document along with other required forms, such as the civil cover sheet, summons, and potentially a notice of related cases.
Step 3: Serving the Other Party (Day 1 to Day 30)
After the petition is filed, the other spouse (the respondent) must be formally served with divorce papers. This is typically handled by a process server or sheriff’s deputy. Once served, the respondent has 20 days to file an answer and may also file a counter-petition.
This phase usually takes one to four weeks, depending on how quickly the respondent can be located and served.
Step 4: Financial Disclosure (Day 30 to Day 75)
Florida requires both parties to file a Family Law Financial Affidavit and exchange mandatory disclosure documents within 45 days of service. These documents include:
- Tax returns
- Pay stubs
- Bank account statements
- Credit card statements
- Retirement account statements
- Property appraisals or deeds
Failure to provide timely disclosure may result in sanctions, inability to present certain evidence at trial, or the court adopting the other party’s numbers.
Your Tampa divorce lawyer will help you complete your affidavit accurately and ensure the other party complies with their disclosure obligations.
Step 5: Temporary Relief Motions (If Needed)
In some cases, one party may need immediate court orders for:
- Temporary child support or alimony
- Temporary parenting plan and time-sharing
- Exclusive use of the marital home
- Injunctions or restraining orders
- Temporary attorney’s fees
These motions are often filed early in the case, especially when one spouse controls the finances or is refusing to cooperate. A hearing may be scheduled within 30–60 days, depending on court availability.
Your Tampa divorce lawyer will prepare the motion, gather evidence, and represent you at the hearing.
Step 6: Mediation (Typically 3 to 6 Months After Filing)
Most contested divorce cases in Hillsborough County are required to go to mediation before a final hearing or trial can be scheduled. Mediation allows both parties, with their lawyers, to negotiate a settlement with the help of a neutral third-party mediator.
Mediation can result in:
- Full settlement agreement
- Partial settlement (with the court resolving the remaining issues)
- Impasse (no agreement)
Mediation is one of the most critical points in the divorce timeline. If an agreement is reached, the lawyers draft a marital settlement agreement and parenting plan, which are submitted to the court for approval.
Your Tampa divorce lawyer will prepare you for mediation, develop a negotiation strategy, and protect your rights during the process.
Step 7: Discovery (Ongoing From Filing Through Trial)
In complex or high-conflict cases, discovery can go beyond the mandatory disclosure. Discovery tools include:
- Interrogatories (written questions)
- Requests for production of documents
- Depositions (testimony under oath)
- Subpoenas to financial institutions or third parties
- Requests for admissions
Discovery may begin early in the case and continue through mediation or trial. The purpose is to gather evidence, clarify financial positions, and prepare for litigation if settlement fails.
Your Tampa divorce lawyer will conduct discovery to uncover all relevant information and ensure full transparency in asset division and support calculations.
Step 8: Parenting Plan and Child Support Determinations
If the case involves minor children, the parties must either agree to a parenting plan or the court will impose one. The plan must address:
- Weekly time-sharing
- Holiday and vacation schedules
- Parental responsibility (decision-making authority)
- Communication between parents and children
- School and medical records access
Child support is calculated using statutory guidelines based on both parents’ income, the number of children, health insurance, childcare costs, and the time-sharing arrangement.
A Tampa divorce lawyer will ensure the parenting plan and child support terms meet Florida’s legal standards and reflect your child’s best interests.
Step 9: Expert Evaluations (If Needed)
Some cases require expert assistance to resolve disputes about:
- Business valuations
- Forensic accounting for hidden assets
- Real estate appraisals
- Psychological evaluations (for parents or children)
- Vocational assessments (for imputing income)
The court may appoint experts or each party may retain their own. This step can take several weeks to several months depending on the complexity of the issue.
Your Tampa divorce lawyer will coordinate with qualified experts, review their findings, and use their testimony to support your case.
Step 10: Pretrial Conferences and Trial Preparation (6 to 12 Months After Filing)
If mediation fails and issues remain unresolved, the court will set a pretrial conference. This is a procedural hearing to:
- Confirm readiness for trial
- Identify contested issues
- Ensure all discovery is complete
- Set deadlines for exhibit and witness lists
Following the pretrial conference, the court will schedule a final hearing or trial date.
Your Tampa divorce lawyer will prepare trial exhibits, question witnesses, and submit legal arguments to support your position on unresolved matters.
Step 11: Final Hearing or Trial (Usually 9 to 18 Months After Filing)
The final hearing may be a brief, uncontested matter if the parties have signed a settlement agreement. In contested cases, the trial may last a day or longer depending on the number of issues.
At trial, both sides present evidence and testimony. The judge issues a ruling on:
- Equitable distribution of assets and debts
- Alimony
- Child support
- Time-sharing and parental responsibility
- Attorney’s fees
Your Tampa divorce lawyer will advocate for your rights at trial, ensuring your case is presented persuasively and in accordance with Florida law.
Step 12: Entry of Final Judgment
After the judge rules—or approves a settlement—the Final Judgment of Dissolution of Marriage is entered. This legally ends the marriage and finalizes:
- Division of property and debts
- Support orders
- Parenting plan
- Enforcement mechanisms
This document is enforceable, and both parties must comply with its terms. Any violation may be addressed through motions for contempt or enforcement.
A Tampa divorce lawyer will review the final judgment with you, clarify your obligations, and help ensure compliance by both parties.
Step 13: Post-Judgment Modifications or Enforcement
Even after the divorce is finalized, legal issues may arise. These include:
- Modifications of time-sharing or child support due to changed circumstances
- Enforcement of property transfers, debt payments, or alimony
- Violations of the parenting plan
- Relocation requests
- Appeals of final judgments
Your Tampa divorce lawyer remains your advocate for post-judgment matters and can file the necessary motions to protect your rights.
FAQ
Q: How long does a typical divorce take in Tampa?
A: Uncontested divorces may be finalized in 2–3 months. Contested divorces typically take 9–18 months depending on complexity and court scheduling.
Q: Can I speed up my divorce by agreeing to everything?
A: Yes. If both parties reach a full agreement, the divorce can proceed quickly. A Tampa divorce lawyer will ensure your agreement is legally sound and enforceable.
Q: Is mediation required in Hillsborough County?
A: Yes. Most contested cases are referred to mediation before trial. Mediation can result in partial or full settlement and often avoids the need for litigation.
Q: What happens if my spouse doesn’t respond to the divorce petition?
A: If no response is filed within 20 days, your lawyer can seek a default judgment and proceed without the other party’s participation.
Q: When do I start paying child support or alimony?
A: Temporary support may be ordered early in the case. Final support terms are included in the final judgment or marital settlement agreement.
Q: What if I need immediate custody of the children?
A: You may file a motion for temporary time-sharing and parenting plan. A hearing will be scheduled to address urgent custody issues.
Q: Can I file for divorce in Tampa if I just moved to Florida?
A: One spouse must have lived in Florida for at least six months before filing. A Tampa divorce lawyer can help determine proper jurisdiction.
Q: Will the court divide everything 50/50?
A: Florida uses equitable distribution, which means division is fair, not necessarily equal. Contributions, debts, and other factors are considered.
Q: What if we agree on property but not on the children?
A: The court may approve your property division and resolve parenting issues at trial. Partial settlements are common.
Q: Do I need a lawyer for an uncontested divorce?
A: It’s strongly recommended. A Tampa divorce lawyer will help you avoid legal mistakes and ensure your rights are protected, even in amicable cases.
Divorce is never easy, but understanding the process can make it more manageable. By working with an experienced Tampa divorce lawyer, you ensure that each phase—from petition to final judgment—is handled with clarity, compliance, and strategy. Whether your divorce is straightforward or involves high-value assets and parenting disputes, legal guidance is essential for navigating the timeline successfully and reaching a resolution that supports your future.
The McKinney Law Group: Tampa Divorce Lawyers Who Put Families First
At The McKinney Law Group, we know divorce affects more than just two people—it impacts your children and your future. That’s why we offer family-focused divorce services to help Tampa clients protect what matters most.
We help with:
✔ Parenting plans that reduce stress and promote consistency
✔ Child support agreements based on Florida guidelines
✔ Alimony options that support long-term financial independence
✔ Uncontested and contested divorce filings
✔ Legal strategies designed to reduce conflict
Call 813-428-3400 or email [email protected] to protect your family during divorce.