How Long Will My Divorce Take?

“How long will my divorce take?” is one of the questions that we hear most often from our clients seeking a dissolution of their marriage. The answer varies based on the circumstances of each particular divorce.

Florida is a no-fault divorce state. This means that if a spouse wants a divorce, they do not have to prove the other spouse did something wrong. All they have to show is that either the marriage is “irretrievably broken” or that the other spouse is mentally incapacitated. This can help reduce the time needed to finalize a divorce.  

However, spouses will still need to come to an agreement on a myriad of other topics, such as parenting arrangements, spousal support, division of assets, and more, before a divorce can be finalized. This is often the crucial element that determines how long a divorce takes.

Simplified Dissolution of Marriage

A simplified dissolution of marriage is an expedited divorce process. To be eligible, you and your spouse must meet the following requirements:

• Sign the petition for dissolution of marriage
• Attend a final hearing
• Have no children under age 18
• Agree on division of assets and debts
• Agree not to pay each other alimony
• Waive your right to a trial or appeal[1]

In addition, either you or your spouse must have lived in Florida for at least the last six months.

If you meet all of these requirements, you can receive a divorce decree within 30 days of filing. This is the fastest possible divorce approach in Florida. Unfortunately, many couples are unable to meet the requirements for it.

Uncontested Divorce

The second fastest divorce proceeding is an uncontested divorce. In an uncontested divorce, both spouses agree that the marriage is irretrievably broken. They also agree on all outstanding issues necessary to end their marriage, such as how assets and liabilities will be divided, alimony, parenting plans, child support, as well as any other details necessary to end the marriage. An uncontested divorce typically takes between three and six months from filing to finalize.

Contested Divorce

In a contested divorce, the spouses may agree on some, but not all of the outstanding issues listed earlier. In these cases, the Florida courts require that the divorcing couple undergo mediation to try and work out these points. The majority of couples with contested divorce cases resolve their outstanding issues during mediation or shortly thereafter. If a spouse is uncooperative, though, the case will need to go to trial and a judge will make the decisions on how to divide assets, on a parenting plan, or whichever other issues are the sticking points. Contested divorces can range in length from six months to more than two years, with most being finalized within one year.

If you are contemplating divorce, contact the experienced attorneys at Troy Legal. Our compassionate attorneys will do everything possible to expedite your divorce, while aggressively fighting for you to receive what is rightfully yours.

Troy Legal, P.A. was founded in 2009 and serves clients throughout South Florida. Troy Legal, P.A., specializes in Marital and Family Law, providing reputable legal services for prenuptial and co-habitation agreements, paternity cases, adoption matters, alimony and child support, time sharing and parenting plans, drafting of qualified domestic relations orders (qdros), mediation services, equitable distributions, collaborative law, post-judgement modification and enforcement, domestic violence cases, and dissolution of marriage or divorce.  Troy Legal, PA. .is dedicated to serving clients through compassionate and aggressive representation, while upholding the highest degree of ethical standards.

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[1] Thirteenth Judicial Circuit Family Law Division. OBTAINING A REGULAR DIVORCE (not Simplified) PRO SE (WITHOUT AN ATTORNEY) (fljud13.org). Page 1. Accessed June 28, 2021.