The time it takes to get divorced in Florida depends on several factors, including the type of divorce (collaborative or litigated), the county where you file, and how efficiently both parties cooperate. Collaborative Divorces can move as quickly or as slowly as the couple chooses, while a litigated divorce usually take around six months to a year.
The Variable Timeline to Get Divorced in Florida
When people ask how long it takes to get divorced in Florida, the honest answer is “it depends”. The divorce timeline can vary greatly based on the county, the complexity of the case, and the type of divorce process you choose. Some counties have heavier court backlogs than others, which can delay proceedings.
However, one of the biggest deciding factors is whether you choose a collaborative divorce or a traditional (litigated) divorce. Each divorce process has its own timeline and rhythm.
Collaborative Divorce: The Pace Is Up to You
In a Collaborative Divorce, the parties, along with their attorneys and a neutral team of professionals, work together outside of court to reach an agreement. This process gives couples full control over how quickly or slowly they proceed.
Some couples move swiftly, resolving financial and parenting issues in just a few meetings. Others may take a more gradual approach, testing temporary arrangements before finalizing decisions. Because there are no rigid court deadlines, the timeline for a collaborative divorce depends entirely on the couple’s willingness to cooperate and make decisions together.
This flexibility can make Collaborative Divorce a more peaceful and efficient path for many families.
Courts, Mediation, and Delays
A litigated divorce, on the other hand, follows the court system’s procedures and timelines. In Florida, judges are encouraged to complete divorce cases within six months, but that target is rarely achieved.
In most cases, couples reach Mediation, a required step in the process, around the six-month mark. If an agreement is reached in Mediation, the divorce may be finalized soon after. But if the case goes to trial, it often stretches closer to a full year or more.
Delays in a litigated case, typically occur when one or both parties request extensive discovery, such as detailed financial documents, which can slow progress toward Mediation. On the other hand, when both spouses are transparent and responsive, it is possible to finalize a divorce within just a few months.
Waiting Periods and Final Judgments
Florida does not require a mandatory separation period before filing for divorce. There is also no required waiting period between filing and finalizing the divorce, aside from a technical rule suggesting judges wait 20 days before entering the final judgment. In practice, this 20-day period is rarely enforced.
That means if you reach an agreement quickly, the court can finalize the divorce after all necessary paperwork is filed.
How long your Florida divorce will take to become final, largely depends on the divorce process you choose, your level of cooperation, and your local court’s schedule. Couples who prioritize communication, transparency, and collaboration will reach resolution faster and with less stress than those who take a litigated adversarial approach.
FAQs
1. What is the fastest way to get divorced in Florida?
The fastest way to get divorce is through a Collaborative Divorce or a simplified dissolution, where both parties agree on all terms and file jointly. These can sometimes be completed in a few months.
2. How long does a typical litigated divorce take?
Most litigated divorces in Florida take six months to a year, depending on the complexity of the case and the court’s availability.
3. Can a judge deny a quick divorce?
Judges rarely delay final judgments without good reason. While Florida law technically recommends a 20-day waiting period for a final judgment, courts generally proceed once all documents are complete and properly filed.
Bergermann Law Firm was founded in 1996 by Vera Bergermann. Ms. Bergermann has been practicing law since 1979 and has over 40 years of legal experience.
Ms. Bergermann’s first law job was as the 1979 summer intern for the State’s Attorney’s Office, Juvenile Division, Homicide Unit, on the South Side of Chicago. This eye-opening experience led her to the corporate world later that summer when she joined the legal department at ITT and became a staff attorney negotiating and drafting contracts for telecommunication systems.
