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One of the first questions people ask when they decide to end a marriage is how long the whole thing will actually take. The short answer is that a Florida divorce can be finalized in as little as 30 days or stretch past two years. The real answer depends on whether you and your spouse agree on everything, how complicated your finances are, whether children are involved, and which county you file in. This guide breaks down the timeline at every stage so you know what to plan for.
The absolute minimum is 20 days. Florida Statute 61.19 requires that no final judgment of divorce can be entered until at least 20 days after the petition for dissolution of marriage is filed. This cooling off period applies to every divorce in the state, whether you and your spouse agree on everything or not. A judge cannot sign off before that 20 day mark, even if all the paperwork is ready.
In practice, 20 days is almost never the actual finish line. Court scheduling, document processing, and service of papers add time on top of the statutory minimum. The most streamlined path is a Simplified Dissolution of Marriage, which Florida allows when both spouses agree to all terms, have no minor children, neither party seeks alimony, and both attend the final hearing together. Even in that best case scenario, you are realistically looking at about 30 days from filing to finalized judgment.
You also need to meet Florida’s residency requirement before you can file. Under Florida Statute 61.021, at least one spouse must have lived in the state for six consecutive months before filing. If you recently moved to Florida, this requirement adds a waiting period before the process can even begin.
Not sure where your situation falls on the timeline? Ostrovsky Law offers confidential consultations for divorce and family law matters across Broward County and Palm Beach County. We will review your circumstances and give you an honest estimate of how long your divorce is likely to take. Call us at 954-641-2388 or schedule online. The sooner you get clarity, the sooner you can plan your next steps.
An uncontested divorce in Florida typically takes 4 to 12 weeks from filing to final judgment. This is the fastest standard path when both spouses agree on all major issues, including property division, debt allocation, alimony (if applicable), and parenting arrangements for any children. It is usually the fastest and least expensive option.
The uncontested timeline generally follows this pattern. During the first one to two weeks, one spouse files the Petition for Dissolution of Marriage with the circuit court clerk. The filing fee is roughly $400 in most Florida counties; check your county clerk for the current amount. Financial affidavits are prepared, and a marital settlement agreement is drafted. During weeks two and three, the other spouse is served and signs a waiver of service or files an answer. The mandatory 20-day waiting period starts on the filing date and runs alongside these steps while the court reviews documents. The final hearing is typically scheduled around weeks six through eight, and the judge enters the final judgment.
The biggest variable in an uncontested case is court scheduling. Some counties can get you a hearing date within days of the waiting period ending. Others may take several weeks. Having all your paperwork complete and correctly filed from the start prevents the most common delay: clerk rejections or requests for corrected documents.
If you and your spouse are considering an uncontested divorce, working with an attorney from the start helps avoid paperwork errors that push your case back by weeks.
A contested divorce in Florida averages 6 to 18 months when it settles before trial. High conflict cases that go all the way to trial can take 12 to 24 months or longer, with the most complex situations stretching past two years. A divorce is considered contested when the spouses disagree on even a single major issue, whether that is how to divide property, how much alimony should be paid, or how custody should work.
The contested process adds several stages that do not exist in an uncontested case. During the first two months, initial pleadings are filed and responded to. The responding spouse has 20 days after being served to file an answer, and they often file a counter petition with their own requests. If that happens, the filing spouse must respond within another 20 days. This back and forth can take four to six weeks just to get both sides formally on the record.
Discovery comes next. Florida Family Law Rules require both spouses to exchange financial disclosures within 45 days of service of the initial petition. This includes three years of tax returns, recent pay stubs, bank statements, credit card records, retirement account records, and property deeds. When one spouse is not cooperative or when finances are complicated (businesses, investments, real estate), discovery can stretch from two months to over six months. Depositions, interrogatories, and subpoenas add time and cost.
Florida courts require mediation before most contested cases can proceed to trial. Mediation is where many divorces actually settle. A neutral third party helps both spouses negotiate a resolution. If mediation succeeds, the case wraps up shortly after. If it fails, the case moves to trial, and trial dates in high volume circuits like Broward or Miami Dade can be set months after mediation concludes.
The single biggest factor is cooperation. When both spouses are willing to communicate, share financial information promptly, and negotiate in good faith, even a technically contested divorce can settle within a few months. When one spouse refuses to respond, hides assets, or takes unreasonable positions, the timeline expands dramatically. Under Florida Statute 61.16, a court can order one spouse to contribute to the other’s attorney fees based on need and ability to pay, and judges can also consider unreasonable litigation conduct when deciding fees.
Financial complexity is the second largest factor. A straightforward divorce where both spouses work W2 jobs, own one home, and have standard retirement accounts is far simpler than one involving business ownership, multiple properties, stock options, trusts, or offshore accounts. Business valuations alone can take months and require forensic accountants.
The alimony question can also add time. Florida’s 2023 alimony reform eliminated permanent alimony in new cases. The current types are temporary (while the case is pending), bridge the gap (up to 2 years), rehabilitative (tied to a specific plan and capped at 5 years), and durational (capped at 50 percent of the length of a marriage under 10 years, 60 percent for 10 to 20 years, and 75 percent for 20 years or more, and not available for marriages under 3 years). Disputes over the type, amount, and duration of alimony frequently require expert testimony and extended negotiation.
Other common delay factors include difficulty serving a spouse who avoids process servers, incomplete or inaccurate financial disclosures that have to be resubmitted, disagreements over property appraisals, and attorney scheduling conflicts.
Delays add up in cost and stress
At Ostrovsky Law, we keep cases moving by preparing thorough documentation upfront, meeting court deadlines, and knowing how Broward and Palm Beach County judges handle divorce matters. If your case is stalling or you are unsure why it is taking so long, a consultation with our team can identify the bottleneck. Reach out to us at 954-641-2388.
Yes, in most cases. A divorce involving minor children requires a parenting plan that addresses time sharing schedules, decision making authority for education and healthcare, and how parents will communicate about the children. Both parents must also complete a four hour Parent Education and Family Stabilization Course before the court will enter a final judgment. Under Florida Statute 61.21, the parent who files must complete the course within 45 days, and the other parent must complete it within 45 days of being served.
When parents agree on the parenting plan, the added time is modest. The plan gets submitted with the other settlement documents, the parenting course gets completed online for $15 to $40, and the case stays on the uncontested timeline. An uncontested divorce with children typically takes 2 to 4 months.
When parents disagree on child custody or time sharing, the case moves into contested territory. The court may order a social investigation or a custody evaluation by a mental health professional, which adds months. Temporary parenting orders may be needed while the final plan is worked out. Custody disputes are the single most common reason divorce cases take over a year.
It does. Each Florida county has its own caseload, number of family court judges, and scheduling practices. High volume circuits like Miami Dade, Broward, and Palm Beach generally have longer wait times for hearings and trial dates than smaller circuits. Pandemic era closures added to the backlog. Judges have implemented fast track case management to reduce delays, but contested cases in busy counties can still face waits of several months for a trial date.
Some smaller counties may be able to schedule hearings faster. This does not mean filing in a smaller county is an option if you do not live there. In general, a Florida divorce must be filed in the county where the respondent lives or where the spouses last lived together as a married couple.
Working with an attorney who regularly practices in your specific county makes a real difference. Knowing how a particular judge handles scheduling, what format they prefer for motions, and how they approach mediation can shave weeks or months off the process.
The most effective thing you can do is pursue an uncontested divorce if at all possible. Every issue you and your spouse can agree on before filing reduces the time and cost of the process. Even if you cannot agree on everything, signing a partial settlement agreement on the issues you do agree on narrows the case to one or two disputed points, which makes any hearing or trial shorter and more focused.
Gather and organize all financial documents before you meet with your attorney. This includes three years of tax returns, recent pay stubs, bank and investment account statements, credit card statements, mortgage documents, retirement account records, and property deeds. Missing documents are one of the most common causes of unnecessary delays. If your spouse has to be subpoenaed for records you could have collected on your own, you add weeks to the timeline and dollars to your legal bill.
Complete the parenting course early if you have minor children. Do not wait until the last minute. Respond promptly to requests from your attorney, your spouse’s attorney, and the court. Every delayed response pushes the next step further out.
For a comprehensive overview of the entire process, our complete guide to divorce in Florida covers everything from filing to final judgment in one place.
Every week your divorce drags on costs you money and peace of mind
Ostrovsky Law handles divorce cases across Broward County and Palm Beach County, from straightforward uncontested dissolutions to high conflict, high asset litigation. We know how to keep your case moving. Schedule your confidential consultation today by calling 954-641-2388 or visiting our website. Let us give you a realistic timeline based on your actual situation.
Can I get a divorce in Florida if my spouse does not respond?
Yes. If your spouse does not file a response within 20 days of being served, you can file for a clerk’s default. The court can then proceed with a default final hearing and grant the divorce without your spouse’s participation. This path often finalizes within 6 to 10 weeks.
How much does it cost to file for divorce in Florida?
The filing fee for a Petition for Dissolution of Marriage is roughly $400 in most Florida counties, so check your county clerk for the current amount. If you cannot afford it, you can apply to the clerk for a determination of civil indigent status (the application carries a small fee), and if approved, the filing fees can be deferred. Attorney fees, mediation costs, and other expenses are separate and vary based on the complexity of your case.
Is Florida a 50/50 divorce state?
As a starting point, yes. Florida is an equitable distribution state, and under Florida Statute 61.075 the court must start from the premise that marital assets and debts should be divided equally. A judge can order an unequal split only when there is a justification, considering factors like each spouse’s economic circumstances, the duration of the marriage, contributions to the marriage (including homemaking and child rearing), and whether either spouse intentionally wasted marital assets.
Can the 20 day waiting period be waived?
Technically, yes. The statute allows a judge to enter a final judgment earlier if waiting would cause injustice. In practice, waivers are rare and require compelling circumstances such as a military deployment to a combat zone, a time sensitive real estate transaction, or documented safety concerns. Most divorces proceed with the standard 20 day minimum.
What happens to alimony after the 2023 reform?
Florida’s 2023 alimony reform eliminated permanent alimony in new cases. The current types are temporary (while the case is pending), bridge the gap (up to 2 years), rehabilitative (tied to a specific plan for gaining skills or education and capped at 5 years), and durational (capped at 50 percent of the length of a marriage under 10 years, 60 percent for 10 to 20 years, and 75 percent for 20 years or more, and not available for marriages under 3 years). The court still considers factors like standard of living, marriage length, and each spouse’s financial resources.
Danielle M. Ostrovsky is the founding partner of Ostrovsky Law, a boutique firm practicing exclusively in marital and family law across Broward, Palm Beach, and Miami-Dade Counties. Admitted to The Florida Bar in 2014, she handles divorce, alimony, timesharing, paternity, equitable distribution, and high-net-worth asset division — pairing aggressive courtroom advocacy with an empathetic, client-first approach. She has been named a Super Lawyers Rising Star every year since 2018.
