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How Long Does it Take to Get Divorce in Florida?
Whether you’re considering a divorce or you already decided to go through with it, you might have some questions. One of the most common questions regarding divorce is the duration of the process. Unfortunately, that’s also one of more difficult questions to answer.
How Long Does Divorce in Florida Take?
Different states have different laws regarding divorce. In Florida, the divorce process can be rather quick. But it can also be long and drawn out. It all depends on your situation.
There are two types of Florida divorces. While one type of divorce can take as little as a few weeks, the other type can last for months or even years.
1. Uncontested Divorces
The first and quickest type of divorce is an uncontested divorce. When an uncontested divorce occurs, both parties agree on the terms of the divorce. There are no arguments about issues like custody, division of assets, and child support.
Because both parties agree, there is no need for a lengthy court battle. Your divorce could be finished in about four or five weeks. Once the paperwork is finished, you can sign papers and bring your marriage to an end.
2. Contested Divorces
About 13% of Florida’s population is divorced. Many of those couples had contested divorces; it’s not uncommon for the individuals to disagree on the terms of their divorce.
Contested divorces have more moving parts than uncontested ones. Typically, the hold-up comes from the Florida court system. You could end up waiting months or even a year for your day in court.
That said, contested divorces don’t always go to court. In some cases, a couple can resolve their issues in mediation. After mediation is successful, they can sign their papers.
What Factors Affect the Timeline?
Uncontested divorces are rather straightforward. There is a 20 day waiting period between the time you file and the time of your hearing. Working with a divorce attorney in Miami is likely to speed up the process. However, there aren’t many factors that impact the timeline.
On the other hand, a contested divorce has many factors that can affect the length of the process. Here are a few of the most significant factors:
1. Whether or not mediation works
If mediation is successful, your divorce might only take a few months. But if mediation fails, the court needs to decide the fate of your case. That can take much longer.
2. The Speed of Financial Disclosure
Whether you’ve been married for one year or 20 years, you and your spouse have shared many assets. Documenting all of your assets can take a great deal of time.
In contested Florida divorces, the financial disclosure process typically takes between three and nine months. It can add a great deal of time to your divorce proceedings.
3. The Court’s Schedule
Miami courtrooms are quite busy. If your case goes to court, you need to wait for your day in court. In many cases, that day doesn’t come for several months. It could even take over a year.
Not all divorces require depositions. However, the ones that do typically take over a year to resolve. When one party requests a deposition, it’s a sign that the divorce is high-conflict. The legal battle that ensues could take a significant amount of time.
The timeline of your case depends on many factors. If you speak with someone who has knowledge of divorce law in Florida, you can get a better idea of the timeline.
This article does not necessarily reflect the opinions of the editors or management of EconoTimes