How Long Does a Divorce Take in Florida? Complete Timeline Guide (2025)

By Antonio G. Jimenez, Esq. | Florida Bar No. 21022

A divorce in Florida takes anywhere from 30 days to over 24 months, depending on the type of case. An uncontested divorce typically finalizes in 4 to 12 weeks. A contested divorce averages 6 to 18 months, with complex cases stretching beyond two years. Florida imposes a mandatory 20-day waiting period under F.S. §61.19 before any final judgment can be entered.

Understanding the Florida Divorce Timeline

If you are asking how long does divorce take Florida residents to complete, the answer depends on several interconnected factors: the type of divorce you file, how cooperative both spouses are, the complexity of your marital estate, whether minor children are involved, and the caseload in your particular county court. Florida law governs dissolution of marriage under Chapter 61 of the Florida Statutes, which sets out everything from residency requirements to equitable distribution of assets.

This guide walks through every phase of the divorce timeline in Florida, giving you a realistic picture of divorce duration so you can plan accordingly.

Florida Residency Requirements Before You File

Before any divorce clock starts ticking, you must satisfy Florida's residency requirement. Under F.S. §61.021, at least one spouse must have resided in the state of Florida for a minimum of six continuous months before filing the Petition for Dissolution of Marriage.

Residency is not just about physical presence. Florida courts require evidence of both physical presence in the state and the intention to make Florida your permanent home. Acceptable proof includes:

• A valid Florida driver's license
• A Florida voter registration card
• A Florida identification card
• An affidavit or testimony from a corroborating third-party witness
• Lease agreements, mortgage documents, or utility bills showing a Florida address

If neither spouse meets the six-month residency requirement, the court lacks jurisdiction and cannot hear the case. The petition will be dismissed. You cannot waive or negotiate around this requirement regardless of your circumstances.

Note that you do not need to file in the county where you live. Florida law permits you to file in any county in the state, as long as at least one spouse has met the statewide residency requirement.

The 20-Day Mandatory Waiting Period

Florida has one of the shortest mandatory waiting periods in the country. Under F.S. §61.19, no final judgment of dissolution of marriage may be entered until at least 20 days have elapsed from the date the original petition was filed.

This cooling-off period serves two purposes:

The 20-day period is mandatory, but it is not absolute. A judge may waive this requirement upon a showing that injustice would result from the delay. Examples where courts have granted waivers include situations involving imminent military deployment or urgent safety concerns. However, waivers are granted at the court's discretion and remain rare.

In practical terms, the 20-day waiting period is almost never the controlling factor in how long your divorce takes. Court scheduling, document preparation, and negotiations nearly always extend the timeline well beyond 20 days.

Types of Divorce in Florida and Their Timelines

Florida offers three primary paths to dissolve a marriage, each with a distinct divorce timeline.

Simplified Dissolution of Marriage

This is the fastest divorce option available in Florida. Simplified dissolution is designed for couples in straightforward circumstances. Both spouses must meet all of the following requirements:

• At least one spouse has lived in Florida for six months or more
• Both spouses agree the marriage is irretrievably broken
• There are no minor or dependent children, and the wife is not pregnant
• Both spouses have agreed on the division of all marital assets and liabilities
• Neither spouse is seeking alimony
• Both spouses are willing to waive the right to trial and appeal

If you qualify, a simplified dissolution can be finalized in approximately 30 days from filing. Both spouses must appear together before the court for the final hearing.

This represents the fastest divorce available in Florida, but the eligibility requirements are strict. Many couples do not qualify because they have children, cannot agree on property division, or one spouse wishes to preserve alimony rights.

Uncontested Divorce (Regular Dissolution)

An uncontested divorce applies when both spouses agree on all major issues, including property division, child custody and time-sharing, child support, and alimony, but do not meet the requirements for simplified dissolution (typically because minor children are involved).

An uncontested divorce in Florida typically takes between 6 weeks and 3 months to finalize. The timeline depends on:

• How quickly both parties complete and exchange financial disclosures
• Whether both parties cooperate in signing the marital settlement agreement
• The court's hearing availability in your county
• Completion of the mandatory Parent Education and Family Stabilization Course (required when minor children are involved, per F.S. §61.21)

Because both spouses are aligned, the process moves efficiently. Attorney-managed uncontested divorces tend to finalize on the quicker end of this range because attorneys can directly coordinate scheduling and paperwork.

Contested Divorce

A divorce becomes contested when the spouses disagree on one or more issues, whether that is the division of property, alimony, child custody, child support, or any other matter. Even if both spouses want the divorce, a single unresolved issue makes the case contested.

Contested divorces in Florida typically take 6 to 18 months to resolve. Highly complex cases involving significant assets, business valuations, or contentious custody disputes can stretch beyond two years and, in rare instances, up to three to five years.

The contested divorce process generally follows this timeline:

Florida courts generally require mediation before a case may proceed to trial. Successful mediation can resolve the case without a trial, saving months or even years. Approximately 60 percent of Florida divorce cases settle during mediation or early settlement stages.

Factors That Affect How Long Divorce Takes in Florida

When people ask how long does divorce take Florida courts to finalize, the honest answer is that no two cases are identical. However, several common factors influence the divorce duration.

Level of Cooperation Between Spouses

This is the single biggest factor. Spouses who communicate openly and show willingness to compromise move through the process far more quickly. When one or both spouses are combative, delay proceedings, or fail to submit documents on time, the timeline stretches significantly.

Complexity of Assets and Debts

Florida follows equitable distribution when dividing marital property under F.S. §61.075. The more complex your financial picture, the longer your case will take. Cases involving business ownership, multiple real estate holdings, retirement accounts requiring QDROs, stock options, or suspected hidden assets all require additional time for valuation, expert analysis, and negotiation.

Children and Parenting Plans

Divorces involving minor children generally take longer because the court must approve a parenting plan that addresses time-sharing, parental responsibility, and child support under F.S. §61.13. Both parents must also complete the mandatory Parent Education and Family Stabilization Course under F.S. §61.21, which is a minimum four-hour course approved by the Department of Children and Families.

Custody disputes are frequently the most time-consuming aspect of contested litigation.

Alimony Disputes

Florida law provides for several forms of alimony: temporary, bridge-the-gap, rehabilitative, and durational, as set forth in F.S. §61.08. Disagreements over whether alimony should be awarded, the type, or the amount can significantly lengthen proceedings, particularly when vocational evaluators or financial analysts must testify.

Court Scheduling and County Backlogs

Your county matters. Courts in high-population areas such as Miami-Dade and Broward counties often have longer wait times for hearings due to heavy caseloads. Court backlogs in many counties mean that trial dates may be 12 to 18 months away. Smaller or less congested counties may process cases more quickly.

Service of Process Complications

If your spouse avoids being served or cannot be located, this can add weeks or months to your timeline. In extreme cases, you may need to serve by publication, which adds further delay.

Step-by-Step Divorce Process in Florida

Here is a sequential overview of each stage in a Florida divorce.

Step 1: Filing the Petition

The process begins when one spouse (the petitioner) files a Petition for Dissolution of Marriage with the clerk of the circuit court. Florida is a no-fault divorce state under F.S. §61.052, meaning you need only allege that the marriage is irretrievably broken. Alternatively, if a spouse has been mentally incapacitated for at least three years, that may serve as grounds.

Step 2: Paying the Filing Fee

The filing fee for a dissolution of marriage in Florida is $408.00, plus a $10.00 summons fee. As of February 2025. Verify with your local clerk. Some counties may have minor additional administrative charges. If you are unable to afford the fee, you may apply for a determination of civil indigent status, which can reduce the initial fee to $25.00.

Step 3: Serving Your Spouse

Unless your spouse voluntarily files a waiver of service or both of you are filing a simplified dissolution together, you must formally serve the petition. Service is typically handled by a private process server or the county sheriff. This step usually takes one to three weeks but can take longer if the respondent avoids service.

Step 4: Response

Once served, the responding spouse has 20 days to file an Answer (and, if desired, a Counter-Petition). If the respondent fails to respond within this period, the petitioner may seek a default judgment.

Step 5: Financial Disclosures

Both parties must exchange mandatory financial disclosures, including a Family Law Financial Affidavit (Form 12.902(b) or 12.902(c)) and supporting documentation such as tax returns, pay stubs, and bank statements. This exchange generally must occur within 45 days of the filing.

Step 6: Discovery (Contested Cases)

In contested cases, either party may pursue formal discovery, which may include interrogatories, requests for production of documents, requests for admissions, and depositions. Discovery is where much of the time in contested cases is consumed.

Step 7: Mediation

Florida requires mediation in most contested family law cases before the court will set a trial. Mediation involves a neutral third party who facilitates negotiation between the spouses. Costs range from $60 to $120 per party for court-connected programs and $175 to $500 per hour for private mediators. Most cases that reach mediation settle before trial.

Step 8: Parenting Course (If Children Are Involved)

Per F.S. §61.21, both parents must complete an approved Parent Education and Family Stabilization Course before the divorce can be finalized. This course covers the emotional impact of divorce on children, effective co-parenting strategies, and community resources.

Step 9: Final Hearing and Judgment

Once all issues are resolved, either by agreement or by the court after trial, a final hearing is scheduled. The judge reviews the settlement agreement or renders a decision on contested issues and enters the Final Judgment of Dissolution of Marriage. The divorce is final on the date the judge signs the Final Judgment.

Grounds for Divorce in Florida

Florida is a no-fault divorce state. Under F.S. §61.052(1), a court will grant a dissolution of marriage if the marriage is irretrievably broken. Neither spouse must prove wrongdoing such as adultery, abandonment, or abuse. The only other recognized ground is the mental incapacity of one spouse for a period of at least three years prior to filing.

This no-fault approach simplifies and often shortens the divorce process because there is no need to litigate fault, assign blame, or present evidence of misconduct.

Equitable Distribution of Property

Florida law requires the equitable distribution of marital assets and marital liabilities under F.S. §61.075. Equitable does not necessarily mean equal. The court considers multiple factors, including:

• The contribution of each spouse to the marriage, including homemaking and child care
• The economic circumstances of each spouse
• The duration of the marriage
• Any interruption of personal careers or educational opportunities
• The desirability of retaining any asset intact and free from any claim or interference by the other spouse
• The contribution of each spouse to the acquisition, enhancement, and production of income of marital and non-marital assets

All vested and nonvested retirement benefits accrued during the marriage are marital assets subject to equitable distribution under F.S. §61.076.

Alimony in Florida

Under F.S. §61.08, the court may award alimony in the following forms:

• Temporary alimony: paid during the pendency of the divorce proceedings
• Bridge-the-gap alimony: assists a spouse in the short-term transition from married to single life
• Rehabilitative alimony: supports a spouse in acquiring education or training to become self-supporting
• Durational alimony: provides economic assistance for a set period; may not be awarded following a marriage lasting less than three years

The 2023 alimony reform (SB 1416, effective July 1, 2023) eliminated permanent alimony in Florida. The amount of durational alimony is capped at the lesser of the obligee's reasonable need or 35 percent of the difference between the parties' net incomes. The award also may not leave the payor with significantly less net income than the recipient unless exceptional circumstances exist.

Filing Fees and Court Costs

Here is a summary of common costs associated with filing for divorce in Florida:

• Petition for Dissolution of Marriage filing fee: $408.00
• Issuance of summons: $10.00
• Counter-Petition filing fee: approximately $295.00 to $392.50
• Process server fees: approximately $40.00
• Parent Education Course: approximately $18.00 to $39.00 per person
• Mediation (court-connected): approximately $60.00 to $120.00 per party
• Mediation (private): approximately $175.00 to $500.00 per hour

As of February 2025. Verify with your local clerk. Filing fees are set by Florida Statute and are subject to change based on new legislation each year. Fees may vary slightly by county, and additional administrative charges may apply.

For indigent filers, the Application for Determination of Civil Indigent Status may reduce the initial filing fee to $25.00.

Tips to Speed Up Your Florida Divorce

While certain factors are outside your control, you can take proactive steps to keep your divorce timeline as short as possible:

How Long Does Divorce Take in Florida: Quick Reference Table

• Simplified Dissolution: approximately 30 days
• Uncontested Divorce: approximately 6 weeks to 3 months
• Contested Divorce (moderate complexity): approximately 6 to 18 months
• Contested Divorce (high complexity): approximately 1 to 3+ years

These timelines are estimates. Your actual divorce duration will depend on the unique facts of your case and the practices of the court in your county.

Frequently Asked Questions

See the FAQs section below for detailed answers to the most common questions about how long does divorce take Florida residents to complete, the waiting period, the fastest divorce options, and more.

Key Florida Statutes Referenced in This Guide

• F.S. §61.021 - Residency requirements
• F.S. §61.052 - Grounds for dissolution of marriage
• F.S. §61.075 - Equitable distribution of marital assets and liabilities
• F.S. §61.076 - Distribution of retirement plans
• F.S. §61.08 - Alimony
• F.S. §61.13 - Child support, parenting, and time-sharing
• F.S. §61.19 - Entry of judgment, 20-day delay period
• F.S. §61.21 - Parent Education and Family Stabilization Course
• F.S. §61.30 - Child support guidelines

Court Resources

• Florida Courts Self-Help: https://www.flcourts.gov/Resources-Services/Family-Courts/Family-Law-Self-Help-Information
• Florida Senate Statutes, Chapter 61: https://www.flsenate.gov/Laws/Statutes/2025/Chapter61/All
• Family Law Forms (12.900 series): Available through the Florida Courts website

This guide is for informational purposes only and does not constitute legal advice. Florida divorce law is complex, and individual circumstances vary. Consult with a licensed Florida family law attorney to discuss your specific situation.

Last updated: February 2025