“How long will this divorce process take?” is the question asked most frequently by new clients. The answer is – it depends.
More specifically, we have resolved divorces in about 2 weeks, and other cases take several years.
There are many factors that determine how long a divorce can take.
- Complicated business issues
- Requiring experts to assist with children’s issues
- Valuations of assets, etc., can all be involved in a divorce proceeding.
How Divorce Works In Florida
Any final judgment of divorce needs to address the following:
- parenting issues including timesharing and parental responsibility
- equitable distribution (who gets what)
- alimony
- child support
- and any other issues specific to your family
If you and your spouse are able to agree on ALL of these issues, then your divorce can be completed once all necessary documents are completed and signed by both you and your spouse and filed with the Court. The judge will usually wait for 20 days (cooling off period) and then sign your Final Judgment and you will be divorced.
If, however, you and your spouse are not able to agree on all issues, you will have to follow the procedure for a contested divorce.
Florida Contested Divorce Rules
Once you file your petition, your spouse will have 20 days from the day that they are served to answer and file and, if they choose, a counterpetition.
If your spouse files a counterpetition, you will have 20 days to file your answer.
Once your initial petition has been served, both you and your spouse have 45 days to exchange financial affidavits and mandatory disclosure. If either of you do not file your documentation on time. You may be required to attend a show cause hearing in front of the judge.
After financial discovery is complete, you are required to attend mediation. Many cases resolve all issues in mediation. If this happens, you and your spouse will need to complete a few more documents to be filed with the court, and then the judge will sign you Final Judgment.
If you do not resolve all of your issues at mediation, you or your spouse will file a Notice for Trial.
Once this is filed, you need to wait to be placed on the judge’s trial docket in order to receive your final trial date. Depending on how busy the judge’s docket is, this can take months.
Once you have your trial date, you both will appear before the judge on that date to present your case. Sometimes the judge will issue a ruling that day. Other times, the judge will reserve ruling so that they can consider all of the evidence more thoroughly, especially if there are complex issues.
The judge will then issue a ruling. Sometimes it will be a final judgment, other times they will issue a letter ruling and then one of the attorneys will need to prepare the Final Judgment.
You are not officially divorced in Florida until the judge has signed your Final Judgment.