Contested Divorce Timeline in Florida: How Long Will Your Case Take in 2026?

How Long Does a Contested Divorce Take in Florida?

A contested divorce in Florida typically takes between 12 to 24 months from filing to final judgment, though complex cases involving significant assets or custody disputes can extend to 3 years or longer. The contested divorce timeline in Florida depends on multiple factors including court scheduling, the level of conflict between spouses, and whether your case requires trial.

In my experience handling contested divorces throughout Florida, I have seen cases resolve in as little as 8 months when parties eventually reach agreements, while high-conflict cases with custody evaluations and business valuations have stretched beyond 30 months. Understanding what drives these timelines helps you plan realistically and make strategic decisions throughout your case.

Unlike uncontested divorces that can wrap up in weeks, contested cases involve court intervention to resolve disputes. This guide breaks down each phase of contested divorce litigation in Florida so you know exactly what to expect in 2026.

Understanding What Makes a Divorce Contested in Florida

A divorce becomes contested when spouses cannot agree on one or more key issues. Under Florida Statute 61.052, the court must address equitable distribution of assets, alimony, child custody (called time-sharing in Florida), and child support before granting a final judgment.

Common contested issues include:

• Division of marital property and debts
• Whether alimony should be awarded and in what amount
• Parenting plans and time-sharing schedules
• Child support calculations when income is disputed
• Who remains in the marital home during proceedings
• Valuation of businesses, professional practices, or retirement accounts

Even one unresolved issue transforms your case from uncontested to contested. However, the level of contestation matters significantly for your contested divorce timeline in Florida. A couple who disagrees only about alimony duration will likely resolve faster than parties fighting over custody and complex asset division.

Phase-by-Phase Breakdown of Contested Divorce Litigation

Phase 1: Filing and Service (2-6 Weeks)

Your contested divorce begins when one spouse files a Petition for Dissolution of Marriage with the circuit court. Florida requires at least one spouse to have resided in the state for six months before filing under F.S. 61.021.

After filing, the other spouse must be served with the divorce papers. If your spouse cooperates, service happens quickly through a process server or sheriff. When spouses avoid service, this phase can extend significantly. If you have been served divorce papers in Florida, you have 20 days to file a response.

The responding spouse typically files an Answer and may file a Counter-Petition raising their own requests. This initial pleading phase usually takes 2-6 weeks, assuming service goes smoothly.

Phase 2: Mandatory Disclosure (60-90 Days)

Florida Family Law Rule of Procedure 12.285 requires both parties to exchange mandatory financial disclosures within 45 days of service. Each spouse must provide:

• A completed Financial Affidavit (Form 12.902)
• Tax returns for the past three years
• Pay stubs and income documentation
• Bank statements and investment account records
• Documentation of debts and liabilities

Properly completing your Florida financial affidavit is critical to this phase. Incomplete or inaccurate disclosures can delay your case and damage your credibility with the court.

This mandatory disclosure phase typically runs 60-90 days but often extends when parties fail to comply fully.

Phase 3: Discovery (3-6 Months)

Beyond mandatory disclosures, contested divorces usually require formal discovery. This is where attorneys dig deeper into financial and factual issues. Discovery tools include:

Interrogatories are written questions the other party must answer under oath. Each side can ask up to 30 interrogatories without court permission.

Requests for Production demand specific documents such as business records, communications, or financial statements not covered by mandatory disclosure.

Requests for Admission ask the other party to admit or deny specific facts, narrowing issues for trial.

Depositions involve sworn testimony taken outside court. Deposing your spouse, their experts, or third-party witnesses adds significant time and expense but often proves essential in contested cases.

In my experience, discovery disputes frequently extend this phase. When one party resists producing documents or provides evasive answers, you may need court intervention through motions to compel. These disputes can add months to your contested divorce timeline in Florida.

Phase 4: Mediation (1-3 Months to Schedule and Complete)

Florida courts require mediation before trial in most family law cases. Per Administrative Order and local rules, parties must attempt mediation with a certified family mediator before requesting a trial date.

Mediation offers a chance to resolve disputes outside of litigation through facilitated negotiation. A skilled mediator helps parties find common ground and craft creative solutions a judge cannot order.

Many contested divorces settle at mediation, significantly shortening the overall timeline. Even if you do not reach full agreement, narrowing contested issues reduces trial time.

Scheduling mediation with attorneys, parties, and a mediator typically takes 4-8 weeks. The mediation itself usually requires one full day, though complex cases may need multiple sessions.

Phase 5: Trial Preparation (2-4 Months)

If mediation fails, you proceed to trial. Preparing for a divorce trial involves:

• Hiring expert witnesses for business valuations, custody evaluations, or vocational assessments
• Preparing trial exhibits and witness lists
• Filing pre-trial motions and memoranda
• Completing any remaining discovery
• Attending pre-trial conferences with the judge

Expert witnesses significantly impact your contested divorce timeline in Florida. A custody evaluation (often called a social investigation or parenting coordination assessment) can take 3-6 months to complete. Business valuations require forensic accountants who need months to analyze records.

Phase 6: Trial and Final Judgment (1-6 Months)

Getting a trial date depends heavily on your county. Miami-Dade and Broward counties often have significant backlogs, while smaller counties may have faster scheduling. The recent legislation regarding after-hours judges aims to address some scheduling issues for emergency matters, but trial calendars remain crowded.

A contested divorce trial in Florida typically lasts 1-5 days depending on issues and complexity. After trial, the judge may issue a ruling from the bench or take the matter under advisement. Written final judgments can take anywhere from a few weeks to several months.

Factors That Extend Your Contested Divorce Timeline

High-Conflict Co-Parenting Disputes

Child custody battles add the most time to contested divorces. When parents cannot agree on time-sharing, courts often order evaluations by mental health professionals. These custody evaluations involve:

• Multiple interviews with each parent
• Psychological testing
• Home visits
• Interviews with children (age-appropriate)
• Review of records and collateral contacts

A thorough custody evaluation takes 3-6 months and costs several thousand dollars. Cases involving parental relocation, domestic violence allegations, or special needs children often require additional expert involvement.

Complex Asset Division

Dividing significant assets complicates any divorce. Cases involving these factors typically take longer:

Business ownership requires forensic accounting to determine value and identify any dissipation of assets. Business valuations can take 2-4 months.

Multiple real estate properties require appraisals and decisions about sale versus buyout.

Retirement accounts and pensions need qualified domestic relations orders (QDROs) drafted by specialists.

Stock options, restricted stock units, and deferred compensation involve complex valuation issues.

Hidden assets or suspected financial misconduct require extensive forensic investigation.

Failure to Comply with Court Orders

When one party ignores temporary orders, discovery obligations, or court directives, the compliant party must file enforcement motions. Each motion requires a hearing, extending your timeline by months.

I have seen cases where one spouse deliberately delays by failing to produce documents, missing deadlines, or refusing to cooperate with experts. While courts can sanction such behavior, enforcement takes time.

Attorney Scheduling Conflicts

Coordinating schedules between two attorneys, the judge, experts, and mediators causes delays. Experienced family law attorneys in Florida often have crowded calendars. Trial dates get continued when key participants have conflicts.

How to Speed Up Your Contested Divorce in Florida

Prioritize Early Financial Organization

Gathering financial documents before filing dramatically speeds the disclosure phase. Create organized files of:

• Three years of tax returns
• Recent pay stubs and employment contracts
• Bank and investment account statements
• Retirement account statements
• Property deeds and mortgage documents
• Vehicle titles and loan documents
• Credit card statements
• Business financial statements if applicable

Stay Responsive and Cooperative

Responding promptly to discovery requests and court deadlines prevents delays. When your attorney sends you documents to review or questions to answer, prioritize them. Every week you delay adds to your overall timeline.

Consider Early Mediation

You do not have to wait until the court orders mediation. Requesting early mediation can resolve issues before you spend months in discovery. Even if full resolution is unlikely, early mediation can narrow issues and reduce litigation costs.

Choose Battles Wisely

Fighting over every issue extends your case and drains resources. Work with your attorney through a strategy session to identify what truly matters. Conceding minor points in exchange for faster resolution on major issues often makes sense.

Maintain Realistic Expectations

Understanding that complex contested divorces take 12-24 months helps you plan accordingly. Unrealistic expectations lead to frustration and poor decision-making. Your attorney can help you understand what timeline is reasonable given your specific circumstances.

2026 Changes Affecting Contested Divorce Timeline in Florida

Several factors are impacting divorce litigation timelines in Florida in 2026:

Court backlogs from recent years continue affecting scheduling in major metropolitan counties. While courts have worked to clear backlogs, many judges still have crowded dockets.

Electronic filing and virtual hearings have streamlined some procedures, reducing delays for routine matters. However, trials still typically occur in person.

Mediation availability has improved with more certified mediators offering services, including virtual mediation options that reduce scheduling conflicts.

New judicial assignments and courtroom availability vary by county, making it essential to understand your local court conditions.

What Happens If Your Spouse Will Not Cooperate

Some contested divorces become contested specifically because one spouse refuses to participate. Under Florida law, you can still obtain a divorce without your spouse's consent or cooperation.

When a spouse fails to respond to the petition, you can seek a default judgment. The court can proceed without their participation, though this still takes time.

When a spouse participates but refuses to cooperate with discovery or court orders, your attorney can file motions to compel. Continued non-compliance can result in sanctions, including striking pleadings, monetary sanctions, or contempt findings.

Alternatives to Full Contested Litigation

Not every divorce with disagreements must proceed through full litigation. Consider these alternatives:

Collaborative divorce involves both spouses hiring collaboratively trained attorneys and committing to resolve issues without court intervention. If collaboration fails, both attorneys must withdraw, incentivizing good-faith negotiation.

Mediation-first approaches attempt to resolve issues through mediation before extensive discovery. This works well when both parties are relatively transparent about finances.

Unbundled legal services allow you to hire an attorney for specific tasks rather than full representation. You might handle negotiation yourself and hire an attorney only for document review and court appearances. This approach, which we offer at Divorce.law, can reduce costs while ensuring legal protection.

County-Specific Timeline Considerations

Your contested divorce timeline in Florida varies significantly by county. Based on my experience:

Miami-Dade County typically has the longest wait times for trial dates, often 6-12 months from request to trial.

Broward County has worked to reduce backlogs but still sees significant delays in complex cases.

Palm Beach County generally offers faster scheduling than Miami-Dade and Broward.

Smaller counties like Martin, St. Lucie, or Indian River often provide faster trial dates due to smaller caseloads.

Your attorney can provide specific guidance about current conditions in your county.

Financial Planning During Extended Litigation

Long contested divorces require financial planning. Consider:

Temporary support orders can provide financial stability during litigation. Either spouse can request temporary alimony or child support while the case proceeds.

Legal fee budgeting becomes critical. Contested divorces cost significantly more than uncontested cases. Get realistic fee estimates from your attorney and plan accordingly.

Maintaining separate finances where possible reduces complications. Open individual bank accounts and establish individual credit if you have not already.

When Your Case Finally Resolves

Whether through settlement or trial, your contested divorce concludes with a Final Judgment of Dissolution of Marriage. This judgment addresses all issues including property division, alimony, child custody, and child support.

After receiving your final judgment, several tasks may remain:

• Transferring property titles as ordered
• Rolling over retirement accounts per QDRO
• Updating estate planning documents
• Changing beneficiary designations
• Processing any name change included in your divorce

Moving Forward

Understanding the contested divorce timeline in Florida helps you prepare mentally, emotionally, and financially for the process ahead. While 12-24 months feels like a long time, taking the process one phase at a time makes it manageable.

If you are facing a contested divorce in Florida, getting proper legal guidance early can help you navigate the process efficiently. Understanding your options, your likely timeline, and your strategy helps you make better decisions throughout your case.

Consider scheduling a strategy session to discuss your specific situation and develop a realistic plan for moving forward.

This article provides general information about Florida divorce law and is not legal advice. Every case is unique. For advice specific to your situation, schedule a consultation with a Florida-licensed attorney.