How Long Does It Take to Get Divorced in Florida?

Key Takeaways

• In the mid-20th Century, Florida was known as a “divorce haven” because it allowed married couples to end their marriages without excessive legal hurdles quickly.
• While the speed at which a couple can secure a divorce in Florida remains relatively fast, other states have adopted no-fault divorce laws and other legal remedies that streamline the process.
• A simplified dissolution of marriage can be processed within a month, an uncontested divorce can often be completed in Florida within a matter of months, but a contested divorce may take a year or longer to process.
• Division of property, alimony, child custody, child support, and other issues can significantly impact the pace of divorce proceedings.
• Before filing for a contested divorce, both spouses must have established at least six months of legal residency before filing for divorce in Florida.
• Uncontested divorces only require one spouse to meet the residency requirement.

By the mid-20th Century, Florida had earned a reputation as a “divorce haven” due to lenient divorce laws that allowed couples to secure a quick divorce. With an initial 90-day residency requirement, limited separation periods, and early adoption of no-fault divorce, couples could temporarily relocate to Florida, establish residency, and file for divorce quickly. The state’s warm climate and status as a high-end tourist destination made it an ideal location for the wealthy and others with means to bide their time comfortably while awaiting the processing of their quick divorce. Celebrities like Frank Sinatra, Rita Hayworth, and Bette Davis helped cement Florida’s “divorce haven” reputation by doing just that.

Those days are long past, and the experienced divorce lawyers of Tallahassee-based Cowhey + Ward Attorneys at Law say no one these days moves to Florida to get a quick divorce. “Other states liberalized their divorce laws over the past few decades, putting their divorce timing pretty much on par with Florida’s,” says Adam Cowhey. “Plus, even when Florida was known as a ‘divorce haven,’ the state of Nevada actually had the country’s fastest divorce timing, and that still holds today.”

With a bit of the state’s divorce law history under our belts, let’s now examine how long it takes to get a divorce in Florida today.

Type of Divorce Significantly Affects Its Timing in Florida

Chapter 61 of the Florida Statutes provides married couples with three options for dissolving their marriages with a divorce:

• Simplified dissolution of marriage
• Uncontested divorce
• Contested Divorce

As you might suspect, simplified dissolution of marriage is typically the quickest option, followed in order by the other two. Under best-case scenarios with limited complications, you might be able to secure a simplified dissolution of marriage in a month, an uncontested divorce within four months, and a contested divorce in a year. Of course, much as your marriage likely had complications, they frequently emerge during a divorce, which can extend its timeframe. And, speaking of timeframes, the first time-sensitive factor affecting the divorce process is residency. For marriage dissolution and uncontested divorces, at least one spouse must have established legal residency for six months before filing. The residency requirement applies to both spouses in contested divorces.

Simplified Dissolution of Marriage

To secure a simplified dissolution of marriage, couples who meet strict eligibility requirements can petition the Family Law Court with a simple form, supported by financial information affidavits. Eligibility requirements include:

• At least one spouse has established residence for the past six months.
• Both spouses agree that the marriage is “irretrievably broken.”
• There are no dependent children.
• The wife is not pregnant.
• Both spouses have mutually agreed on how to split assets and resolve debts.
• Neither spouse will claim alimony.
• Both spouses are willing to sign and file the petition with the Clerk of Court.
• Both must attend a final hearing and agree to give up the right to trial and appeal.

This type of Florida divorce has the fastest processing times because the divorce court typically schedules a hearing within 20 days of petition submission. Provided the paperwork has been correctly filled out, the court will officially dissolve the marriage during the hearing. Depending on how quickly the spouses can agree on the divorce terms and fill out the petition, this form of divorce can be finalized as soon as one month.

Uncontested Divorce is a More Detailed Compromise

Uncontested divorce is similar to simplified dissolution of marriage because both spouses must completely agree to its terms. However, because an uncontested divorce can involve childcare issues, alimony, and other issues, its terms are more formalized and require more legal documentation. Along with a petition for dissolution of marriage, the couple must often agree to and submit a marital settlement agreement, a court-approved parenting plan, financial affidavits, and other forms.

Couples must file for an uncontested divorce rather than a simplified dissolution of marriage if they have dependent children or if one spouse will receive alimony. As with simplified marriage dissolution, the couple must mutually agree to all divorce terms, which are detailed in the marital settlement agreement. Agreed-upon terms include:

• Child custody
• Child support
• Parenting plans
• Alimony
• Division of property
• Allocation of debt
• Resolution of taxation issues

Any spouse who begins the uncontested divorce process should secure the services of an experienced divorce lawyer, like those of Tallahassee’s Cowhey & Ward. A skilled divorce lawyer can ensure that proposed divorce terms will be fair to both parties and meet the legal requirements of Florida law. Additionally, disagreements can and do arise when spouses begin negotiating the terms of an uncontested divorce.

Even if both spouses willingly enter negotiations for an uncontested divorce, disagreements can arise. An experienced lawyer can help negotiate and resolve outstanding issues and navigate their client through mediation if talks stall.

The timing for finalizing an uncontested divorce depends in large part on how long it takes for each spouse to completely agree to all divorce terms, which, on average, can take from one to four months. As warranted, the final hearing for an uncontested divorce is typically scheduled 20 days or more after the spouses have submitted the uncontested divorce petition to the court. In some jurisdictions, the divorce court may waive a final hearing and issue a final judgment to dissolve the marriage, provided the petition and supporting documents comply with Florida law.

Contested Divorces Involve Significant Court Intervention

A contested divorce comes into play when one spouse refuses to agree to all divorce terms either before or after filing for an uncontested divorce. These divorce proceedings take the longest to resolve because of divorce court intervention, mandatory mediation, and inevitable scheduling conflicts among the spouses, lawyers, and judges. However, many contested divorce proceedings revert to uncontested proceedings when spouses and their lawyers successfully reach an agreement on outstanding issues, typically settled during mediation.

A disaffected spouse can initiate a contested divorce by filing a sole petition for dissolution of marriage with the divorce court, which delivers the petition with a court summons to the other spouse. Once the other spouse has filed their response within a required 20 days, the contested divorce enters the discovery phase, in which both spouses disclose financial information and other relevant information relating to issues—such as child sharing and support—that will need to be resolved. When significant assets are in play during a divorce, the discovery phase can prove prolonged. If either spouse proves reluctant to disclose financial information, the other must seek court enforcement of disclosure requests. This prove timely and may require one or multiple court hearings to resolve.

Contested divorces can also involve court-ordered depositions to provide further disclosure about disagreements between spouses. Divorce attorneys use depositions to help influence the divorce court judge’s decision-making on outstanding issues. During a deposition, each lawyer is allowed to question the spouses under oath in a bid to uncover additional disclosure information that can support their respective side in resolving outstanding issues.

To encourage contested divorce settlements, Florida law requires mediation during the procedure, whether through a private mediator or the court. Private mediation is almost always the quicker option due to busy court schedules. Contested divorces that successfully negotiate outstanding divorce terms during mediation can often be concluded in under a year. However, a contested divorce that moves to trial typically takes much longer, especially when significant assets and/or childcare decisions are in heated dispute.

Secure Favorable Divorce Terms with an Experienced Tallahassee Lawyer

Anyone facing divorce in Florida should hire the services of an experienced family law attorney. Divorce is one of life’s most emotionally and financially stressful experiences, with outcomes that can have a profound impact on the rest of one’s life. Cowhey + Ward’s has extensive experience and success negotiating complex divorce agreements for their Tallahassee area clients. They have also established an outstanding reputation for securing favorable outcomes for their clients in divorce court. To learn how Cowhey + Ward can help successfully navigate you through your divorce, contact our Tallahassee-based office today at (850) 222-1000.

FAQ: How Long Does a Divorce Take in Florida?