When couples choose an uncontested divorce in Florida, they often ask, “How long will it take?” Uncontested divorces are more efficient than contested ones, but several factors can influence the exact timeline.
Here’s a breakdown of what to expect and tips to keep the process moving smoothly.
Average Timeline for an Uncontested Divorce
Completing an uncontested divorce in Florida typically takes about 30 to 90 days from filing the divorce petition. The actual duration depends on:
- How quickly both parties agree to the terms of the divorce.
- The time it takes to gather and file necessary documents.
- The court’s schedule for processing and final hearings.
Key Steps in the Process
1. Preparation and Agreement (Varies by Couple):
Before filing, both spouses must agree on the terms of the divorce. This includes decisions about property division, child custody, alimony, and other key issues. For couples who have already discussed and finalized these terms, this step can take just a few days. If couples need more time for negotiation, the process could take weeks or months.
2. Filing the Petition (1-3 Days):
After preparing the marital settlement agreement and other documents, the filing spouse submits the Petition for Dissolution of Marriage to the court. This step officially starts the legal process.
3. Service of Process or Answer (10-20 Days):
In uncontested divorces, formal service of process may not always be necessary. If your spouse agrees to the divorce and has already signed the Answer and Marital Settlement Agreement, you can file these documents along with the Petition for Dissolution of Marriage when initiating the case. This eliminates the need to hire a process server or involve the sheriff’s office, saving time and money.
This approach streamlines the process and ensures the court receives all necessary paperwork at once. However, if the spouse has not signed the Answer or agreement in advance, formal service of process will be required. This step typically involves delivering the divorce papers through a process server or sheriff’s office, with the responding spouse having 20 days to reply after being served.
By completing the necessary agreements before filing, you can avoid delays and keep the uncontested divorce process as efficient as possible.
4. Final Hearing (Varies by Court):
Once all documents, including the Petition for Dissolution of Marriage, Answer, and Marital Settlement Agreement, are filed with the court, the case is ready for a final hearing. In uncontested divorces in Florida, there is no mandatory waiting period. This means that as soon as the court schedules your hearing, the judge can finalize the divorce.
At the final hearing, the judge will review the submitted documents to ensure they comply with Florida law and that both parties understand and agree to the terms. If everything is in order, the judge will issue a Final Judgment of Dissolution of Marriage, officially ending the marriage.
The timing for the final hearing depends on the court’s schedule, but in most cases, it’s set within a few weeks of filing.
Factors That Can Impact the Timeline
While uncontested divorces in Florida are typically faster than contested cases, certain factors can influence how quickly the process is completed. Being aware of these potential issues can help you avoid delays and ensure a smoother experience. Some common factors include:
- Court Schedules: The availability of the court to schedule hearings can vary by county. Some courts have quicker processing times, while others may experience delays due to high caseloads.
- Errors in Documentation: Mistakes in the forms or incomplete paperwork can cause delays. Double-checking all documents before filing can prevent setbacks.
- Disagreements Between Spouses: If last-minute disputes arise, the divorce may no longer qualify as uncontested, potentially prolonging the process.
Tips to Speed Up the Process
An uncontested divorce in Florida is already designed to be faster than a contested one, but there are ways to make the process even more efficient. By taking a proactive approach and following these tips, you can avoid delays and ensure a smooth path to finalizing your divorce:
- Agree Early: Finalize terms with your spouse before filing the petition. This ensures the process can move forward without interruptions.
- Be Organized: Have all necessary documents, such as financial affidavits and the marital settlement agreement, prepared and complete.
- Consult an Attorney: An experienced family law attorney can review your paperwork and guide you through the process to avoid errors and delays.
- Submit Paperwork Promptly: Respond to any court or attorney requests quickly to keep the case on track.
Conclusion
For couples who agree on the terms of their separation, an uncontested divorce in Florida offers a quick and efficient path to finalizing their divorce. While the process can take as little as 30 days in some cases, preparation and cooperation are key to ensuring it moves smoothly.
If you’re considering an uncontested divorce, our team can help you navigate the process from start to finish. Contact us today to schedule a consultation and learn more about what to expect.
The legal process can get difficult, which is why we always recommend that you seek the assistance of counsel; or at least have a consultation. Schedule a consultation with our team today to review the issues of your case, the legal options you may have, and certain rights that pertain to your unique situation.
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