How Long Does Divorce Take in Florida?

If you're considering divorce in Florida, understanding the timeline is crucial for planning your transition. Florida requires a mandatory 20-day waiting period before any divorce can be finalized—one of the shortest in the nation. However, the actual timeline varies significantly based on whether you pursue a simplified dissolution, an uncontested regular dissolution, or a contested case. This comprehensive guide breaks down each phase of the Florida divorce process, from filing your petition for dissolution of marriage through receiving your final judgment, helping you set realistic expectations for your unique situation.

The Mandatory 20-Day Waiting Period

Florida Statute § 61.19 establishes one of the shortest mandatory waiting periods in the United States: the court cannot enter a final judgment of dissolution until at least 20 days after you file your petition.

Unlike some states with lengthy cooling-off periods, Florida's 20-day rule is simply a minimum processing time—hearings cannot conclude sooner than day 20. The court can waive this requirement only if it finds an earlier judgment is necessary to avoid injustice, which is extremely rare.

This waiting period applies to all Florida divorces, whether simplified, uncontested, or contested. The clock starts the day you file, not when your spouse is served.

Florida's Three Divorce Tracks

Florida offers three distinct paths to dissolution, each with different timelines and requirements:

1. Simplified Dissolution (Fastest Track)

For couples meeting strict eligibility criteria, simplified dissolution under Florida Family Law Rule 12.105 offers the quickest path:

• No minor or dependent children (and not pregnant)
• Both spouses agree on all issues
• Both waive trial and appeal rights
• Both can attend a brief final hearing

Timeline: 20 days (minimum) to 6 weeks (typical)

2. Uncontested Regular Dissolution

When you have children or property but can agree on all terms through a Marital Settlement Agreement (MSA) and Parenting Plan, you proceed with an uncontested dissolution using Form 12.901(b) petitions.

Timeline: 6 weeks to 3 months (typical)

3. Contested Dissolution

When spouses cannot agree on property division, alimony, time-sharing, or child support, the case proceeds through discovery, mediation, and potentially trial.

Timeline: 6 months to 1 year+ (typical)

Phase 1: Filing Requirements (Week 1)

Your Florida divorce timeline begins when you file a Petition for Dissolution of Marriage with the Circuit Court, Family Division.

Residency Requirement

Florida Statute § 61.021 requires at least one spouse to have lived in Florida for six months immediately before filing. Proof can include a Florida driver's license, voter registration card, or corroborating witness affidavit.

Venue (Which County)

Proper venue is either:

• The county where the respondent resides, OR
• The county where the parties last lived together with intent to remain married

Grounds for Divorce

Florida is a no-fault state. Under Florida Statute § 61.052, you simply allege the marriage is "irretrievably broken"—no proof of fault (adultery, cruelty, etc.) is required.

Filing Fee

The base dissolution of marriage filing fee in Florida is approximately $408-$409 in most counties, plus:

• $10 summons issuance fee
• Service of process costs (varies by county sheriff or process server)
• Statutory surcharges ($5 Child Welfare + $55 Domestic Violence + $37.50 General Revenue)

Examples: Miami-Dade charges $409; Orange County (Orlando) charges $408. If you cannot afford fees, you can file an Application for Determination of Civil Indigent Status.

Phase 2: Service of Process (Weeks 1-3)

After filing, you must properly serve your spouse with the petition and summons. Florida Family Law Rule 12.070 governs service methods:

Personal Service

The most reliable method involves:

• The clerk issues Summons (Form 12.910(a))
• A sheriff or certified process server hand-delivers the documents
• The summons warns the respondent about mandatory disclosure requirements

Constructive Service (Publication)

If you cannot locate your spouse after a diligent search, you may serve by publication using Notice of Action (Forms 12.913) and an Affidavit of Diligent Search. However, publication limits the court's ability to award alimony or child support without personal service establishing jurisdiction.

Phase 3: Response Period (Days 1-20 After Service)

Under Florida Family Law Rule 12.140, the respondent must file a written response within 20 days after service of the summons and petition. If a counterpetition is served, the petitioner has 20 days to respond.

What if no response is filed? You can seek a clerk's default using Forms 12.922(a)/(b), then schedule a brief default final hearing to prove your case.

Phase 4: Mandatory Financial Disclosure (Within 45 Days)

Florida Family Law Rule 12.285 requires "Standard Mandatory Disclosure" in most dissolution cases. Each party must serve specified financial documents within 45 days after service of the initial pleading, including:

• Financial Affidavit: Form 12.902(b) Short Form or 12.902(c) Long Form
• Tax returns: Last three years
• Pay stubs: Recent paychecks
• Bank statements: Recent account statements
• Retirement account statements: All qualified plans

Both parties must file a Certificate of Compliance with Mandatory Disclosure (Form 12.932) confirming they served these documents.

If you have minor children, you must also file:

• UCCJEA Affidavit (Form 12.902(d)): Lists every child's residences and caretakers for the last 5 years
• Child Support Guidelines Worksheet (Form 12.902(e)): Required before court sets support

Phase 5: Temporary Orders (Months 1-3)

While your divorce is pending, the court can issue temporary orders (also called pendente lite orders) to maintain stability:

• Temporary time-sharing: Parenting schedule during the divorce
• Temporary child support: Based on Florida's guideline formula
• Temporary alimony: Financial support (§ 61.071)
• Exclusive use of home: Who stays in the marital residence
• Temporary attorney's fees: Requiring the other party to contribute

Phase 6: Mediation (Months 2-6)

Florida strongly favors mediation in family cases. Family Law Rule 12.740 and Florida Statutes Chapter 44 govern court-ordered mediation. Most circuits with family mediation programs "shall" refer disputed custody/time-sharing issues to mediation (with domestic violence safety exceptions).

Many circuits require mediation before a trial date can be set. Mediation may be conducted in person or remotely via video/audio technology. Successful mediation results in a Marital Settlement Agreement that resolves all issues.

Phase 7: Parenting Plan and Child Support (If Children)

Florida requires a Parenting Plan in every case with minor children, using Forms 12.995(a), (b), or (c). The court determines all parenting and time-sharing matters according to the child's best interests.

Important 2023 Change: Florida now has a rebuttable presumption that equal time-sharing is in a child's best interests unless a party proves otherwise by a preponderance of the evidence. The court must make specific written findings when creating or modifying a schedule if parties do not agree.

Child support is calculated under Florida Statute § 61.30 using a guidelines worksheet. The guidelines are presumptive but may be deviated by up to ±5% without written findings (more than ±5% requires written justification).

Phase 8: Property Division and Alimony

Equitable Distribution

Under Florida Statute § 61.075, the court:

1. Identifies non-marital assets (owned before marriage, gifts, inheritances)
2. Identifies and values all marital assets and liabilities
3. Distributes them beginning from an equal (50/50) split unless an unequal division is justified by statutory factors

Factors for unequal distribution include each spouse's contributions, economic circumstances, desirability of keeping the marital home for children, and any intentional dissipation of assets within two years before filing.

Alimony Reform (2023)

Florida's 2023 alimony reform eliminated "permanent" alimony in new cases. Current alimony types under Florida Statute § 61.08 include:

• Bridge-the-gap: Up to 2 years to transition to single life
• Rehabilitative: Time-limited support while obtaining skills/education
• Durational: For marriages under 20 years; cannot exceed length of marriage

The court considers factors including standard of living, length of marriage, age and health, financial resources, and each spouse's contributions to the marriage.

Phase 9: Final Judgment (Month 1-12+)

After all issues are resolved (through agreement or trial), the court enters a Final Judgment of Dissolution of Marriage. For simplified dissolutions with full agreement, this can occur as early as day 20. For contested cases, it typically takes 6-12+ months.

The Final Judgment must address:

• Grounds for dissolution
• Property division with specific asset awards
• Alimony (if applicable)
• Parenting Plan and time-sharing schedule (if children)
• Child support amount and payment method
• Name restoration (if requested)

Estimate Your Florida Divorce Timeline and Costs

Use our calculator to estimate your timeline and costs based on whether your case is simplified, uncontested, or contested.

Real-World Timeline Scenarios

Scenario A: Simplified Dissolution

Facts: Married 3 years, no children, minimal property, both agree on everything.

Timeline:

• Day 1: Both spouses file joint petition (Form 12.901(a)); pay $408 filing fee
• Day 20+: Brief final hearing; judge reviews settlement; signs Final Judgment

Total time: 20-42 days
Estimated cost: $408-$600 (filing fee, minimal court costs)

Scenario B: Uncontested with Children

Facts: Married 8 years, 2 children (ages 5 and 7), home with equity, agree on Parenting Plan and property division.

Timeline:

• Week 1: File petition (Form 12.901(b)(1)); serve spouse
• Week 3: Spouse files response agreeing to terms
• Week 6: Exchange mandatory financial disclosures; file Certificate of Compliance
• Week 8: Finalize Marital Settlement Agreement and Parenting Plan
• Week 10-12: Final hearing; judge signs decree

Total time: 10-14 weeks
Estimated cost: $1,500-$5,000 (filing fees, service, attorney for document review)

Scenario C: Contested with Property and Custody Dispute

Facts: Married 10 years, 1 child (age 6), home with equity, retirement accounts, disputed time-sharing schedule, business interests.

With potentially lengthy court battles, having a divorce financial planning tool can help you project and plan costs during a Florida divorce timeline.

Timeline:

• Month 1: File petition; serve spouse; file motion for temporary orders
• Month 2: Temporary orders hearing; court sets parenting schedule and temporary support
• Months 3-4: Mandatory disclosure; additional discovery (interrogatories, document requests)
• Month 5: Court-ordered mediation; attempt settlement
• Months 6-9: If mediation fails, continue discovery; retain experts (business valuation, parenting evaluation)
• Months 10-12: Final trial; judge issues ruling; Final Judgment entered

Total time: 6-12+ months
Estimated cost: $10,000-$50,000+ (attorney fees, expert witnesses, court costs)

Frequently Asked Questions

Can the 20-day waiting period be waived?

Only in extremely rare circumstances if the court finds an earlier judgment is necessary to avoid injustice. In practice, this almost never happens.

What's the fastest way to get divorced in Florida?

Simplified dissolution is the fastest track—eligible couples with no children who agree on everything can finalize in as little as 20-42 days.

Do I need an attorney for an uncontested divorce?

No, Florida provides Supreme Court-approved forms and "DIY Florida" interviews for self-represented parties. However, many people choose limited legal consultation to review their Marital Settlement Agreement.

How long do contested divorces really take in Florida?

Most contested cases resolve within 6-12 months. Complex cases with business valuations, custody evaluations, or significant discovery can extend to 18-24 months.

What if my spouse won't respond to the divorce petition?

After 20 days with no response, you can file for a clerk's default and proceed with a default final hearing. The court can grant your divorce even if your spouse doesn't participate.

Even an uncontested Florida divorce can benefit from a divorce planning tool to ensure you cover all financial bases before finalizing.