How Long Does Divorce Take in Florida?
After making the difficult decision to divorce your spouse, you likely want the process over with as soon as possible. In Florida, though, there are specific time periods on divorce that cannot be avoided or changed. Some divorce cases can be finalized in just a few weeks, while others can take months, or even years, to complete.
The residency requirement in Florida applies to all divorce cases. At least one spouse must have lived in Florida for six months before filing a divorce petition. Below, our Tampa divorce attorney outlines how long your case may take after you file.
How Long Does Simplified Divorce Take?
If you file a simplified divorce, the timeline is much shorter. This is the easiest and fastest way to get a divorce in Florida. Unfortunately, not everyone is eligible for a simplified divorce. To qualify you must meet certain requirements, including:
- You do not share minor children with your spouse, and the wife is not currently pregnant
- You and your spouse must agree to waive alimony
- You and your spouse must both appear at the final hearing
- You and your spouse agree to get a simplified divorce
- You and your spouse agree on how to divide marital property, including debts
If you and your spouse meet the above eligibility requirements, you must both sign and file the petition for simplified divorce. You must also attach the required financial affidavits. The court will schedule a hearing within 20 days after you file the petition. If the judge finds everything in order, they can grant the divorce at the final hearing. Depending on the schedule of the court, you may be able to obtain a simplified divorce in one month or less.
How Long Does Uncontested Divorce Take?
For those who are not eligible for a simplified divorce, obtaining an uncontested divorce is the second fastest way to dissolve a marriage. In these cases, you and your spouse must agree to all terms of the divorce, including child custody, alimony, and property division.
After you or your spouse file the divorce papers with the court and the other spouse has been served, the non-filing spouse has 20 days to respond and file an answer. If the spouse agrees to all of the terms within the divorce papers, it can expedite the divorce process.
The court will then schedule a hearing. The judge may grant the divorce at the hearing if both spouses agree to the terms outlined in the divorce papers. Depending on the schedule of the court, an uncontested divorce can take just a few months.
How Long Does Contested Divorce Take?
Contested divorces take the longest in Florida. In these cases, the couple cannot agree to the terms of the divorce. Most contested divorces are settled outside of the courtroom and negotiations can take six months or more. In the event that a contested case goes to trial, it can take one year or more to complete.
Our Divorce Attorney in Tampa Can Help You Through the Process
Regardless of the type of divorce you want to get, our Tampa divorce attorney can help. At All Family Law Group, P.A., our experienced attorney can advise on the type of divorce right for you and guide you through the process so you obtain the fair outcome you deserve. Call us today at 813-672-1900 or fill out our online form to schedule a free consultation and to learn more about how we can help. Se Habla Espanol.
Source:
leg.state.fl.us/statutes/index.cfm?App_mode=Display_Statute&URL=0000-0099/0061/0061.html
