how long does a divorce take in florida when neither party has a lawyer

by Prof. Sebastian Emard 6 min read

The short answer to the question of how long your Florida divorce will take is that an uncontested Florida divorce generally takes about 3 months while the “average” contested Florida divorce generally takes about a year, but can take as long as two years, or, in extreme circumstances even longer.

An uncontested divorce can take as little as four to five weeks. If the matter is contested — that is, the court must decide any of these issues — it can take six months or longer.

Full Answer

How long does a divorce take in Florida?

Feb 10, 2020 · How long does it take for a divorce to finalize in Florida? The average length is about 6 months. But as you can see from the many different types of cases and circumstances that arise, the divorce process can take 4 months or 4 years.

How long does a divorce take in New York?

A divorce could take many months or even years. This is especially true if it is a contested divorce, where one party wants to divorce but the other does not. While there are no hard and fast rules for how long your divorce will take from start to finish, there are some things that can shorten or lengthen the process.

How do I file for divorce in Florida without a lawyer?

This type of uncomplicated divorce can take as little as two to four weeks and, on average, is concluded soon after the marital settlement agreement has been signed by the parties. Additionally, Florida does have a Simplified Dissolution of Marriage. But, in order to qualify, the following eligibility requirements must be met:

How long does a divorce take in California?

Aug 11, 2021 · It generally takes about 4-6 weeks to finalize uncontested divorces in Florida. Part of this process has to do with a mandatory 20-day waiting period, court backlogs, final hearing scheduling issues, and other administrative processes. How Much Does an Uncontested Divorce Cost in Florida?

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How fast can a divorce be finalized in Florida?

Florida divorce law provides a process called a 'Simplified Dissolution of Marriage. ' Couples can use this to get a quick divorce, about 30 days from filing to finalization, as long as they have complete agreement on the terms of the divorce and it's uncontested.

How long does a default divorce take in Florida?

You must send notices of both the default hearing and the final hearing to your spouse. Because default divorces also have a 20-day waiting period and you must attend two separate hearings, the entire process may take a few months to complete.

Do I need a lawyer for an uncontested divorce in Florida?

An Uncontested Divorce Can Be Done With or Without an Attorney. In an uncontested of divorce both parties have agreed on all of its terms, which are: the distribution of property, time-sharing custody, child support and any alimony. And it can be done with or without an attorney.

Can you get a divorce without the other person signing in Florida?

The good news is that in Florida, you can still get a divorce even if the other party will not sign the divorce papers. Because Florida is a “no-fault” state, you don't have to prove that one spouse or the other was at fault in the divorce. Instead, you just have to state that the marriage is irretrievably broken.

What happens at an uncontested divorce hearing in Florida?

Every uncontested divorce will have a final hearing that takes place in front of a Judge. In most cases, only the petitioner will be required to attend. Thankfully, the final hearings are extremely brief since the details have been worked out beforehand. In fact, some are known to only last a matter of minutes.Aug 3, 2021

Can you reopen a divorce case in Florida?

You must complete and file a petition and cover sheet in order to request a modification. The petition will indicate which aspect of your divorce needs to be modified and an explanation of why the current circumstances require a new order.Dec 21, 2018

How long does an uncontested divorce take?

The uncontested divorce is the best and most cost effective for all parties concerned. It can be finalised within 4 weeks. If a divorce is contested it may take between 2 - 3 years, but most contested divorces do settle long before they go on trial.Oct 3, 2017

Can you divorce if both parties agree?

You might be able to get divorced without needing a solicitor or going to court if you and your ex-partner can agree you both want a divorce, and on the reason why. If you or your partner won't agree to getting a divorce it'll take more time and cost more money than if you both agree.

Can I get a divorce without going to court?

It is possible to get divorced without going to court, as long as your partner agrees to the divorce and the reasons why. However, it is still possible that you will need to go to court to decide what happens to money, property and children.Apr 26, 2018

How much does a uncontested divorce cost in Florida?

The cost of uncontested divorce in Florida is: Under $500 if you complete the paperwork yourself and file without a lawyer. Under $650 if you get online help with the paperwork and filing instructions to file without an attorney. Around $3,000-$5,000 if a lawyer takes care of everything.

What happens if spouse does not respond to divorce papers Florida?

By not responding to divorce papers, you are setting yourself up to lose by default to your spouse. The Florida family law judge may simply give your spouse everything that they want, and you will not even be able to give your side of the story. Your financial and parental rights will not be protected.Dec 21, 2017

Is online divorce legal in Florida?

Florida allows the use of online divorce services to complete the paperwork required for an uncontested divorce. There are several different kinds of divorce in the state, some of which online divorce is ideal for.

How long does a divorce in Florida last?

Usually, they last about a day. The preparation, however, can take up to a year. Typically though, it’s more like 5 months. As you can see, there’s a lot of variation in Florida divorce case lengths, especially concerning contested cases.

How long does it take for a divorce to work?

Once you both submit a petition with financial affidavits, the court will set a hearing about 20 days later. At that hearing, the divorce will be finalized, as long as everything you submitted was correct.

What is contested divorce in Florida?

Initially contested divorce cases are the most common types of Florida divorces. They’re prepared in the traditional manner, where paperwork is filed with the court, and then the other spouse gets served. That means a private process server will personally deliver those documents to the other spouse.

Why do people split?

Incompatibility, infidelity, and money issues are 3 of the main reasons why people split. How long a divorce takes depends on the reasons behind the divorce, and on factors like whether or not the divorce is contested.

What is the fastest divorce?

A Simplified Divorce. A simplified divorce is the fastest divorce process. It doesn’t work for everyone, but it is the quickest route to end your union. It only works if you have no children under 18, no dependents and if neither spouse seeks alimony.

How many marriages end in divorce?

In the United States, somewhere between 40 and 50 percent of marriages end in divorce. During and after a divorce, it’s not uncommon to go back and forth between feelings of giddiness and devastation. Plus, it’s reasonable to want the process to be over with as soon as possible. If you and your partner have reached a point where you know divorce is ...

What does it mean when both sides conduct a deposition?

If either side conducts a deposition, it usually means there’s significant conflict. During depositions, both attorneys ask questions, a court reporter types everything, and the process can take a lot of money and time.

How long does it take to get divorced in Florida?

It generally takes about 4-6 weeks to finalize uncontested divorces in Florida. Part of this process has to do with a mandatory 20-day waiting period, court backlogs, final hearing scheduling issues, and other administrative processes.

How long do you have to live in Florida to get divorce?

Florida divorce law requires that one or both spouses must have lived in Florida for at least six months prior to filing for divorce.

What is an uncontested divorce in Florida?

An uncontested divorce is the quickest, easiest path to dissolving a marriage in Florida. It can save time, money and anxiety, allowing each person to more peacefully move on with the next part of their lives. Florida courts allow two types of uncontested divorces in Florida.

Can you get divorced in Florida?

Florida courts allow two types of uncontested divorces in Florida. A Simplified Dissolution of Marriage can be an option for some couples, as long as they meet all of the following conditions: both spouses must agree to using this method of divorce. both spouses agree that the marriage is irretrievably broken.

How much does it cost to file for divorce in Florida?

In the state of Florida, the filing fee for an uncontested divorce is $408 plus a $10 summons fee. You will also need to pay a small fee to have a process server or sheriff’s deputy serve papers on your spouse, but this should be less than $100. If you can’t afford to pay the fees, you can request a waiver.

How much does a divorce attorney charge?

By contrast, divorce attorneys can charge anywhere from $150 to $500 for consultations and other related services in a contested divorce.

Is divorce a complicated process?

Contrary to popular belief, divorce does not need to be a complicated, contentious process. An uncontested divorce is the quickest, cheapest way to move on to the next chapter. But it does require cooperation. You and your spouse need to work together to resolve the terms of your divorce settlement. One of the biggest hurdles to doing so is fear ...

How long does it take to get a divorce case in Florida?

If the matter is contested, that is there are one or more issues which the Court has to decide, such as child support or alimony, etc., the case can take about 4-6 months or more to be heard. In the Florida counties where the Courts are extremely busy it can take a year or more.

How long does it take to get an uncontested divorce?

An uncontested divorce can take as little as four to five weeks once all of the necessary paperwork is completed.An uncontested divorce means that both parties agree on absolutely everything such as child support, timesharing with minor children, division of property and debts and alimony, if any.

Can you modify alimony in Florida?

Durational alimony can be modified upon a substantial change of circumstances pursuant to Florida Statute 61.14, although the length of the award cannot be modified, except under exceptional circumstances, and cannot exceed the length of marriage. Bridge the gap alimony is not modifiable as to amount or duration.

Does Attorney Gruskin represent you in court?

If Attorney Gruskin represents you, neither party will have to attend court if your case is uncontested. Uncontested means the parties agree on all issues of their case and each party cooperates to get the case over with. All documents will be transmitted to the Court electronically and neither party needs to be present in court for anything.

Can I use my maiden name after divorce?

Can I use my maiden name after the divorce. Can I use my maiden name after the divorce. You need to put in the petition for divorce in Florida that you wish to be restored to your maiden name. The Court can order that for example, as long as you are not changing your name to avoid creditors.

How long do you have to live in Florida to file for divorce?

Eligibility. To file for divorce in Florida, one of the two parties to the divorce must have lived in the state for at least six months before filing with the court. One exception to this is if you are a member of the military who lives in Floridabut is currently stationed outside of the state.

What to do if you don't know your spouse's location?

If you don’t know your spouse’s current location, you can serve them with what is known as a constructive service . This is done by paying to place an ad in a local newspaper (assuming you can find one in the area where your spouse lives) to alert your spouse that you are serving them with divorce.

Do newlyweds end in divorce?

Newlyweds usually think that their love is going to last a lifetime. Unfortunately, that isn’t always true. As statistics show, some unions end in divorce. This is obviously difficult on an emotional level, but it can also cause legal and financial troubles.

Is Florida a no fault state?

Florida is a no-fault state when it comes to divorce. This means that you don’t have to give any reason to the court for why you want to end your marriage, other than that you want it to be over. The court divides all marital property in a way that it deems fair.

How long does it take to get a no fault divorce?

The grounds for no-fault divorce require that the relationship between the spouses has broken down irretrievably for a period of at least six months before the divorce can be filed.

How long does it take to get divorced in Massachusetts?

Massachusetts. 180 days. The hearing date is usually mailed to you 2-4 weeks after filing for divorce. Thirty days after the hearing, a Rule Nisi Divorce Judgment is entered, but the Final Judgment is not signed by the Judge until 90 days after that.

What is the waiting period for divorce?

A mandatory waiting period, also commonly referred to as a "cooling off period," is the amount of time that must pass before your divorce can be filed or, in some states, before it can be finalized.

How long after divorce can you remarry?

Also, neither spouse is allowed to remarry except to each other until 60 days after the divorce is finalized. You must wait 30 days filing to finalize your divorce. You must wait 60 days after your spouse is served with divorce papers to finalize the divorce.

What is separation period?

A separation period, on the other hand, is the amount of time that the spouses must be separated before getting a divorce. In some states, the separation period must be met before the divorce can be filed, while in others, it just needs to be met before the divorce can be finalized.

How long do you have to wait to get divorced in Colorado?

You must wait 6 months +1 day after the date your spouse was served with divorce papers to finalize your divorce. Colorado. 90-120 days. You must wait 90 days from the date the divorce was filed or the date your spouse was served, whichever comes later, to finalize your divorce. Connecticut.

How long does it take to get divorced in Rhode Island?

90-120 days. You must wait 90 days from the date the divorce was filed to finalize your divorce. Rhode Island. 150 days. The hearing to finalize the divorce cannot be held sooner than 60 days from the date the divorce was filed. The divorce is finalized 90 days after the judge signs the Final Judgment at the hearing.

How long do you have to wait to file for divorce in California?

Some states don't have waiting periods, while others do: California has a six-month period. Tennessee has a 90-day period when there are children and a 60-day period without children. In some states, you can't even file for divorce unless you've been separated for a specific period of time—often one year.

What is the waiting period for divorce?

A waiting period allows you to consider reconciling or to get adjusted to your new situation. If you read articles about each state's waiting period, you will get different and often wrong answers. How long getting divorced takes will depend on what the waiting period is in your state.

How to speed up divorce?

There are several ways to speed up a divorce. The best way is to reach agreement with your spouse on: 1 Division of property and debt 2 Custody and visitation 3 Child support 4 Spousal support 5 Health and life insurance 6 Any other issues that need to be resolved

Why does an uncontested divorce take less time?

An uncontested divorce take less time because there is no trial. You and your spouse sign the required papers, including a marital settlement agreement. This allows your case to move quickly through the court. The judge merely needs to look at your papers, make sure they're in order, and then grant the divorce.

What is a no fault divorce?

A no-fault divorce is where no one takes the blame for breaking up the marriage. Some states also allow you to file a divorce based on fault. That means you can claim adultery, cruel and inhuman treatment, or other grounds for divorce.

Can you serve divorce papers on your spouse?

Serving Divorce Papers on Your Spouse. If your spouse avoids getting served with divorce papers, your divorce will take longer. Sometimes spouses play games when it comes to getting served with papers. If this happens, get a process server.

What to do if your spouse hides assets?

If Your Spouse Is Hiding Assets. Make sure you trust your spouse to have made a complete disclosure about assets. If you don't trust that all assets have been disclosed, consult a family lawyer. While it will slow down your divorce, you don't want to walk away from assets you may be entitled to.

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