Florida Divorce Timeline
If you’re considering a divorce in Florida, understanding the Florida divorce timeline for the proceedings is essential. This article discusses a general timeline. As referenced in this article, many factors may speed up the process or delay the process. It is important to hire a Florida divorce attorney who will work fast not cause delays and explain the timeline for contested and uncontested divorce to you during a free consultation
Divorce in Florida can be a challenging and emotional process, but having a clear picture of what to expect can help reduce some of the uncertainties. This article outlines the typical timeline for divorce in Florida, from filing the divorce petition to the final judgment, brought to you by our experienced team at Van Riper and Nies Attorneys,
with family law offices in Stuart, West Palm Beach, Delray Beach, Deerfield Beach, and West Boca Raton, Florida. Every case is different, each county is different. Talk to your attorney about an anticipated estimated timeline for your particular case.
1. Filing the Petition (Week 1-2)
The divorce process begins when one spouse, known as the “petitioner,” files a “Petition for Dissolution of Marriage” with the Circuit Court in the county where either spouse resides. In addition to the petition, the petitioner must provide a summons to notify the other spouse, known as the “respondent,” of the divorce case.
Timeline: The petition is typically filed within the first week or two of deciding to proceed with a divorce and after meeting with your divorce attorney.
2. Serving the Petition (Week 2-4)
After filing the divorce petition, the petitioner must serve the respondent with a copy of the petition and summons. This is usually done by a sheriff or a private Florida process server. The respondent then has 20 days from the date of service to file an answer or response to the petition.
Timeline: Service of the petition typically occurs within two to four weeks of filing. A spouse (respondent) may agree, however, to accept service from the petitioner’s attorney which may help speed up the process.
3. Response from the Respondent in Florida (Week 4-8)
The respondent must respond to the divorce papers within 20 days of being served. The response can either agree with or contest the terms outlined in the petition. If the respondent does not file an answer, the court may proceed with a “default,” granting the petitioner’s requests.
Timeline: The response period usually falls between weeks four and eight of the proceedings.
4. Divorce Discovery Phase in Florida (Months 2-5)
If there are disputes regarding assets, custody, alimony, or other matters, the divorce will enter the “discovery phase.” During this time, both parties exchange information and documents relevant to the case, including financial records, property valuations, and any other pertinent evidence. This phase may involve depositions, interrogatories, and requests for production of documents.
Timeline: The discovery phase typically lasts two to three months but may take longer in more complex cases.
5. Florida Divorce Mediation or Settlement Negotiations (Months 4-7)
Florida courts often require divorce mediation to encourage both parties to reach an amicable settlement without going to trial. During mediation, a neutral third party helps facilitate discussions and negotiations on issues such as child custody, alimony, and the division of assets. If both parties can reach an agreement, the terms will be documented in a settlement agreement and submitted to the court for approval.
Timeline: Mediation usually occurs between four to seven months after filing, depending on the court’s schedule, the mediator’s schedule, and the complexity of the issues involved.
6. Pre-Trial Hearings (Case Management) and Motions (Months 6-8)
If divorce mediation is unsuccessful and there are still contested issues, the case will proceed to pre-trial hearings (case management). During these hearings, both parties may file motions with the divorce judge to resolve specific issues or disputes before the trial. The Florida family court may also set deadlines for the submission of evidence and other documentation.
Timeline: Pre-trial divorce hearings typically take place six to eight months after the initial filing.
7. Trial (Months 8-12)
If the parties cannot reach a settlement, the divorce case will go to trial. During the trial, both parties present their evidence and arguments to a judge. The judge will then make a final ruling on all contested issues, including property division, child custody, alimony, and any other matters.
Timeline: The trial phase usually occurs eight to twelve months after the initial filing, depending on the family court’s schedule and the complexity of the divorce case.
8. Final Judgment (Months 9-12+)
After the divorce trial, the family law judge will issue a “Final Judgment of Dissolution of Marriage,” which legally ends the marriage. If both parties have reached a settlement or if the judge has made a ruling, the divorce is finalized when this judgment is signed and filed with the court.
Timeline: The final judgment is typically issued nine to twelve months after filing the petition for dissolution of marriage. However, in some cases, it may take longer if there are delays or appeals.
Factors Affecting the Florida Divorce Timeline
Several factors can impact the length of the divorce process, including:
– Complexity of Issues: Disputes over child custody, relocation, property division, or alimony can extend the timeline. Further, allegations of domestic violence may extend this deadline.
– Level of Cooperation: The more both parties cooperate and agree on terms, the quicker the divorce process is. Further, cooperation between the husband and wife will reduce the costs of divorce.
– Court Schedules: The availability of divorce court dates and the caseload of the local circuit family court can affect the timeline.
– Legal Representation: Having an experienced family law attorney can help expedite the process by ensuring all family law documents are filed correctly and deadlines are met.
Conclusion
While the typical timeline for a divorce in Florida ranges from 9 to 12 months, the specific circumstances of each case can lead to shorter or longer durations. At Van Riper and Nies Attorneys, we understand the complexities involved and are here to guide you through every step of the process. With law offices in Stuart, West Palm Beach, Delray Beach, Deerfield Beach, and West Boca Raton, our dedicated team of family law attorneys is ready to provide compassionate, skilled legal assistance tailored to your unique situation.
If you have any family law questions or need assistance with your divorce, please contact us to schedule a consultation. We are committed to helping you navigate this challenging time with clarity and confidence. Our goal is to work quickly toward mediation of the case and then trial if divorce mediation is not successful. Remember, that each case is different and it is important to meet with your divorce attorney for more specific estimates of your divorce timeline.
Stuart & Port St. Lucie Divorce Lawyers: 772-283-8712
West Palm Beach Divorce Lawyers: 561-948-5588
Delray Beach Divorce Lawyers: 561-894-9862
Deerfield Beach Divorce Lawyers:954-369-0776
Boca Raton Divorce Lawyers: 561-948-5589