How Long Will a Divorce Take in Florida?

How Long Will A Divorce Take in Florida? www.beinerlaw.com 1

HOW LONG WILL A DIVORCE TAKE

IN FLORIDA?

http://www.beinerlaw.com/


When a client asks “How long will a divorce take?” in Florida divorce court, he or she

expects a simple answer. Unfortunately, the number of different factors at play in a

divorce makes providing a set timeline difficult.

It is certainly normal to feel a sense of urgency after deciding to divorce. Most

people simply want to get the divorce over with so that they may move on with their

lives. Understanding the divorce process, however, can temper this sense of urgency

and provide the relief that comes with understanding what can be a complicated

legal process.


Florida Divorce Laws

Some states provide for both “no

fault” and “at fault” divorces. “At

fault” grounds for divorce

typically include adultery,

habitual drunkenness,

abandonment, and physical

abuse. In certain states, whether

or not these grounds are present

can affect the divorce

proceedings. For example, in

South Carolina, if a spouse does not have one of these “at fault” grounds for divorce,

the spouses must be separated for a minimum of one year before the parties can

petition the courts for a divorce.

Florida’s laws regarding grounds for a divorce are not quite so complicated or rigid.

Florida refers to divorce as a “dissolution of marriage” because the courts do not

require “at fault” grounds at all.

In fact, Florida only has two grounds for divorce:

a. The marriage is irretrievably broken and at least one spouse no longer

wishes to be married OR

b. One spouse has been judged to be mentally incapacitated for the past

three years.


The only other requirement for a divorce in Florida is that at least one spouse must

be a resident of Florida for the six months immediately prior to the filing of the

petition for dissolution.

Provided that you have been a Florida resident for the past six months, the answer

to “How long will a divorce take?” depends largely on whether your divorce is

contested or uncontested.

Contested v. Uncontested Divorces in Florida

Uncontested Divorces

To begin the process of

dissolution of marriage in

Florida, one of the spouses

must file a Petition for

Dissolution of Marriage. Once

the petition has been filed, the

non-filing spouse (the

respondent) has 20 days to file

an answer, counter-petition, or

other response to the petition. In an uncontested divorce, the parties have

agreed on all issues related to the divorce and they have put those agreements

in writing for the court to review and approve.

The parties have agreed that the marriage is irretrievably broken, drafted a

parenting plan, drafted a time-sharing and visitation agreement, agreed to a

custody arrangement, and settled spousal and/or child support matters.


Because the parties have agreed to all issues regarding the divorce, the court

may grant the petition to dissolve the marriage in as little as four to five

weeks. Therefore, an uncontested divorce could be completed in

approximately two months.

Contested Divorces

If the parties do not agree

on all issues regarding the

divorce, the matter is

contested and a court

hearing must be held. How

long it will take to obtain a

divorce when the matter is

contested largely depends

on the issues involved and

the complexity of those

issues and whether the partners can reach an agreement at mediation, which

is required before scheduling a trial. When the parties do not agree, a divorce

proceeding in Florida could take six to nine months or longer to complete.

If the parties have children, they may be required to complete a Parent

Education and Family Stabilization course prior to receiving a final judgment

from the court. If this is the case, the divorce process may take a little longer.


Individualized Representation from Caring, Honest, and Highly Knowledgeable Family Law Attorneys in Boca Raton

Deciding to end a marriage is emotionally draining even if the parties agree that it is

time to go their separate ways. The experienced Boca Raton divorce attorneys of

Beiner, Inkeles & Horvitz want to help you as you go through this difficult process

and make it as stress-free as possible for you. We can help you decide which option

is best for you, depending on your circumstances, issues, and concerns.

Our partners understand that you are

hiring us to protect your interests during

a challenging time in your life. Please be

assured that one of our partners will

work with you throughout the entire

divorce process.

Contact our office at (561) 750-1800

today to schedule an appointment with

one of our attorneys so that we may

discuss your legal options for obtaining a divorce in Florida. We are proud to serve

clients throughout Northern Broward County and Southern Palm Beach County.



About Beiner, Inkeles & Horvitz

Beiner, Inkeles & Horvitz, with offices in Boca Raton and New York City, is a boutique law firm (four attorneys with a combined experience of more than 100 years and two paralegals), large enough to have all of the latest, sophisticated modalities to ensure that our clients are receiving cutting edge legal support, yet small enough that each client receives the personal attention of one of our very experienced senior attorneys. We have extensive experience in all areas of family law, including negotiating and drafting Pre-Nuptial and Post-Nuptial Agreements; obtaining relatively simple, uncontested divorces; litigating complex divorce cases involving child-support, equitable distribution schemes, alimony, and pension and profit-sharing QDRO’s; seeking modification of existing support and visitation Orders.

We also meet with clients to understand their particular familial and financial circumstances, counsel them with regard to how they can pass their wealth to their loved ones as simply as possible, avoiding probate, while reducing or eliminating their potential estate tax exposure. Using Revocable (Living) Trusts, HEALTH CARE Proxies, Pre-Need Guardian Designations, and other such estate planning tools, we attempt to assure that our clients will be cared for and protected both during their lives and thereafter.

We invite you to call for a consultation with one of our senior attorneys to discuss your particular needs and concerns, so that we can advise and counsel you and attempt to resolve your matter amicably and expeditiously. Our firm offers mediation as a way to resolve conflict without lengthy and costly litigation. Stephen Beiner is a Florida Certified Mediator and Harvey Nussbaum now devotes all of his practice to mediation. We can either serve as a mediator to attempt to resolve the pending issues in your matter or we can accompany you to mediation to make sure that your rights are protected during the negotiation and settlement process.

And if you have gotten a bad result in your case and you think the judge has erred, we handle appeals from previous decisions; appeals must be filed within 30 days of the decision being rendered by the Court.

The Law Offices of Beiner, Inkeles & Horvitz 2000 Glades Rd, Bank of America Building, Suite 110 Boca Raton, FL 33431 Phone: 561.750.1800 Fax: 561.338.3803 Website: www.beinerlaw.com Email: [email protected]
