How long does a divorce take in Florida?

The short answer

How long does a divorce take in Florida? It depends mostly on whether you and your spouse agree. An uncontested divorce, where you agree on everything and sign the paperwork together, can be finished in a few weeks to a few months. A contested divorce, where a judge has to decide property, alimony or the children, often takes a year or more, depending on the issues and on how busy your court's calendar is.

There is no single number that fits every case, and anyone who promises an exact date can't control the court's schedule. What the law does set are a few fixed time periods, and those are the building blocks of every Florida divorce timeline.

The time periods set by Florida law

So even in the fastest case, a Florida divorce can't be final in less than 20 days from filing, and most agreed cases take longer because of the time it takes to prepare, sign and file the paperwork and to get on the judge's calendar for the final hearing.

How long does an uncontested divorce take in Florida?

When both spouses agree on everything (dividing property and debts, alimony or no alimony, and, if there are children, a parenting plan and child support), the case moves quickly:

1. Prepare the paperwork. The petition, the marital settlement agreement, financial affidavits and, with children, the parenting plan and child support guidelines worksheet.
2. File and serve. If your spouse signs an answer and the agreement, there is no need for formal service by a process server.
3. Complete the parenting course, if you have minor children. Both parents must take it.
4. Final hearing. Usually short. The judge reviews the agreement and signs the final judgment once the 20-day minimum has passed.

An uncontested divorce in Florida can take a few weeks to a few months, mostly depending on how fast both spouses sign and how soon the court schedules the final hearing. A simplified dissolution of marriage (no minor children, no alimony, both spouses sign and attend the final hearing) is often the fastest path, if you qualify. Learn more on our uncontested divorce page.

How long can a divorce take in Florida if it's contested?

How long can a divorce take in Florida when the spouses don't agree? A contested divorce often takes a year or more, and complex cases can take longer. The typical stages are:

1. Petition, service and answer. Your spouse is served and has 20 days to respond, often with a counterpetition.
2. Mandatory disclosure and discovery. Financial affidavits and documents within 45 days, then written questions, document requests and depositions if needed.
3. Temporary hearings, if someone needs temporary child support, alimony or a time-sharing schedule while the case is pending.
4. Mediation. Most Central Florida family courts require mediation before trial. Many cases settle here.
5. Trial and final judgment, if mediation doesn't resolve everything. The trial date depends on the court's calendar.

At any point, the spouses can settle. A contested case that settles at mediation finishes much sooner than one that goes to trial. Read how we handle both kinds of cases on our divorce page.

What speeds up a Florida divorce

• Agreeing on everything, or on as much as possible. Every issue left for the judge adds time.
• Signing quickly. An agreed case moves as fast as the slowest signature.
• Complete, correct paperwork. Forms the clerk or judge rejects mean refiling and new hearing dates.
• Exchanging financial documents early, instead of waiting for the 45-day deadline.
• Finishing the parenting course early, so the final hearing isn't delayed waiting for the certificate.
• A simplified dissolution, if you qualify.

What slows a divorce down

• Disputes over the children: time-sharing, the parenting plan, relocation or child support.
• A house, a business or retirement accounts that need appraisals, experts or a separate order to divide.
• Alimony claims, which require detailed financial evidence about both spouses.
• A spouse who won't cooperate with service, disclosure, mediation or scheduling.
• A spouse you can't find. Service by publication (a notice in the newspaper) adds weeks before the case can go forward.
• A spouse in the military or outside the country, including in Puerto Rico or another country, which can complicate service and scheduling.
• The court's calendar. Some courts have longer waits for hearings and trials than others.
• Changes of mind. A spouse who agrees and then backs out turns an uncontested case into a contested one.

If one spouse says the marriage isn't irretrievably broken, or there are minor children, the judge can also order counseling or delay the case for up to 3 months (Florida Statutes §61.052), though this is uncommon.

Before you file

You can't file until one spouse meets the 6-month residency requirement, and you'll need to prove it, usually with a Florida driver's license, ID card or voter registration, or with a witness's affidavit. For the full list of requirements, forms and steps, see our guide to Florida divorce laws and our page on Florida divorce forms. To understand costs, read how much a divorce costs in Florida.

How we can help

Luis A. Morales has been a lawyer since 2001 and is admitted to practice in Florida and Puerto Rico. He is a U.S. Army veteran who served as a military legal officer. He handles each case personally, in English or Spanish, from our office at 390 N Orange Ave, Suite 2300, in downtown Orlando.

We handle divorces in Orange, Osceola, Seminole, Lake, Polk, Volusia, Brevard, Marion and Sumter counties, for flat fees, so the time your case takes doesn't change what you pay us:

Court costs, including the filing fee of about $400, are separate. The first 15-minute phone call is free.

Frequently asked questions