How Long Does a Divorce Take Is A Question?
How long does a divorce take is a question that essentially has no specific answer other than it takes as long as it takes to complete the entire legal process of dissolution of marriage (divorce)? There a many factors that will influence the actual time it takes to get a divorce. As each state has its own set of rules and guidelines surrounding divorce, this blog will focus on the state of Florida. Here are the major time-sensitive factors which will influence the length of time until a judge signs the final order granting a divorce.
- Will the divorce be simple or otherwise termed uncontested,or will it be contested? In Florida, acouple can obtain a simple divorce if they do not share any real property or minor children.
- At least one party in the marriage desiring divorce must have been a resident of Florida for six months or longer immediately prior to the divorce filing.
- Florida is a no-fault state, so neither party needs to establish a reason for wanting a divorce.Whichever party is served with the divorce papers from the other party will have 20 days to reply.
- A simple, uncontested divorce can take just a few weeks as once the couple has filed the paperwork with the clerk of court in their county of residence, paid the fees, filled out the required paperwork, and each submitted an in-depth financial a judge will, after reading over the filing, sign and issue the final order. The parties must agree entirely on all issues, particularly the dividing of marital assets and debts.
- In the majority of cases, there will be issues that will be contested, and this type of divorce takes much longer.
- In Florida, in most jurisdictions, mediation is required before a court date can be setto appear before a judge. If the couple is able to compromise and resolve their issues and create and both sign a marital agreement, the remaining time for a final judgment will be shortened considerably, often within six weeks.
- If the couple cannot create a marital agreement and the case must go to Family Court, it can take several months to be placed on a judge’s docket. Family courts in Florida are so backed up it can sometimes take up to a year to get divorced.
Getting divorced can be very complicated and time-consuming. It is best to begin by contacting a Family Law lawyer and learning what you need to do in your particular situation. If you live in Palm Beach, Martin, St. Lucie, Miami-Dade, Orange, or Hillsborough County in Florida or Washington DC or New York, board-certified Marital and Family Law attorney Grant Gisondo offers a free, initial, in-office consultation. He has successfully been helping clients for over a decade andis up-to-date on the latest laws and procedures regarding divorce in Florida. His office hours are Monday through Friday from 9:00 AM to 5:PM and for new clients on Saturdays from 8:30 AM to 1:00 PM. You can call his office at (561) 530-4568 to make an appointment.