Divorce is far more difficult and time-consuming than getting married. While a spontaneous marriage can be consummated in a few minutes, a divorce can take months or even years to complete.
Given that the lawyer has no influence over the timeframe, this is usually the most upsetting aspect of a divorce for the client. The court’s backlog, the degree of disagreement between the parties, and the intricacy of the divorce’s issues will all have an impact on how long it takes to finish.
Florida’s Divorce Waiting Period
A minimum of 20 days must pass after the date of filing a divorce petition before a judge can make a decision. This provision guarantees that both parties have time to think about the potential effects of divorce and whether it is the appropriate choice. The court may, however, waive such a requirement in specific situations.
In exceptional cases, if one spouse can show an urgent necessity, the judge may agree to waive the waiting time. The following situations might call for a waiver:
- Safety and domestic violence
- Financial difficulties
- Emergencies related to health
- A military action
Waivers, however, are not assured and are given at the court’s discretion.
How Long To Get a Divorce in an Uncontested Case?
Depending on the county in which the case is filed and how soon the parties may sign the Marital Settlement Agreement, a straightforward uncontested divorce could take anywhere from 30 days to three months.
When the parties reach a consensus on all matters before going to court, the divorce is said to be uncontested. This implies that the parties will execute the agreement once it has been drafted by the lawyer. Although only one spouse is represented by the lawyer who drafts the agreement, the other spouse may opt not to engage counsel or may have another lawyer evaluate the agreement, provided that they are given the chance to do so.
Following execution, the Marital Settlement Agreement just needs to be approved by the court, which will subsequently sign the Final Judgment of Divorce. It may be necessary for one of the parties to appear before the judge when they sign the final ruling, depending on the county. You might never need to attend court for your divorce, though, as many counties now permit the parties to mail or email the final judgment for execution.
How Long To Get a Divorce in an Initially Contested Case?
The most typical kind of divorce case in Florida is one that is originally contested. Traditionally, contested cases are prepared, submitted to the court, and then “served” to the opposing spouse. This entails the opposite spouse receiving the documents in person from a private process server. The majority, if not all, of the case’s concerns are up for debate. However, the total number of contentious issues is irrelevant. Furthermore, if both couples agree that they desire to become single people, it makes no difference. If there is only one point of contention, the case is still contested.
It is a frequent misperception that although both spouses wish to separate, they still have financial disagreements. The truth is that the case becomes contested whenever either spouse is fighting about anything, no matter how minor.
Thankfully, most cases that are first fought end up settling around a “halfway point” in the divorce process. The parties typically attend mediation at the halfway point. The case ends up being uncontested even though it started off as a “contested case.” We call them “initially contested” for this reason. We can predict some aspects of this type of divorce case flow based on the large volume of instances.
Florida Mediation and Divorce
It could take three to six months if your case is settled in mediation. But keep in mind that these schedules are merely projections. The degree of conflict between the parties frequently determines how long a divorce lasts.
The lawyer may need to set up a court hearing to demand that the other spouse produce the financial information, which could postpone the mediation process if one or both sides fail to submit it. Following the compilation of all financial data, your lawyer ought to work with opposing counsel to arrange mediation. Using a qualified mediator in your divorce case is crucial.
You must live with the terms of the agreement if you sign it during mediation, since it is final. Before signing an agreement during mediation, make sure you understand it well and are at ease with it.
Required Disclosures of Financial Information
Due to Florida’s equitable distribution laws, you and your spouse must fill out a Family Law Affidavit outlining your respective financial circumstances. In order to help you and the courts reach just decisions about property division, spousal support, child support, and other financial obligations, this guarantees that all of your assets, income, debt, and expenses are disclosed.
Additionally, it stops one spouse from deceiving the other about their assets or income in order to influence the outcome of the divorce. After the divorce petition is served, these disclosures have to be finished within forty-five days.
How Can You Expedite Your Florida Divorce?
There are ways to speed up your divorce process even though the 20-day waiting time is required.
- If at all possible, seek an uncontested divorce. Your divorce will be more costly and time-consuming the more you and your husband argue, particularly if it goes to court.
- Make sure all of your financial documents are accurate and complete by gathering them all in advance. Unnecessary delays result from missing paperwork.
- Avoid unnecessary disagreements over minor issues.
- Consider simplified or online divorce options if eligible.
When Is the Right Time to Hire a Florida Divorce Lawyer?
In Florida, divorce procedures that would typically take months to finish can be streamlined by the availability of simpler divorce options and no-fault grounds. The streamlined divorce version, however, is not available to everyone. You must undergo the standard divorce procedure, which can be difficult and time-consuming, if your case involves minor children, alimony requests, property issues, or an uncooperative spouse.
You should think about getting legal counsel if:
- The divorce is being contested by your spouse.
- There are significant disputes regarding your marital assets, money, or debts.
- If you have little children, you must decide who will get custody.
- If you’re looking for spousal assistance.
- You want to protect your rights and interests.
Conclusion
Affordable Divorce Center‘s skilled lawyers are available to assist you. Our staff is committed to defending your rights and safeguarding your future, whether you are thinking about a simplified divorce or require knowledgeable counsel in a contentious dispute. Schedule a consultation with our experienced lawyers to know the course of action for your Florida divorce.
