Everyone who wants a divorce wants to know how long it’s going to take before the divorce is final. We are asked this question frequently in our Jupiter divorce practice.
Unfortunately, we can’t give a cut and dried answer to the question, How long does a divorce take? The answer depends on you, your spouse, and your circumstances.
In Florida, divorce is technically called “dissolution of marriage.” It doesn’t matter who files for divorce first, but at least one party must claim that the marriage is “irretrievably broken.”
First things first. It’s necessary to distinguish between contested and uncontested divorces. Uncontested divorces are going to be much shorter than contested divorces.
How long does an Uncontested Divorce take?
An uncontested divorce means that both parties agree to absolutely everything, including child support, timesharing, alimony, division of property, assets and liabilities, and so on. From start to finish, these cases take roughly 45-60 days.
This can also apply when a couple has been married less than 5 years and has no children, no real estate, and no debts, AND they agree to everything.
How long does a Contested Divorce take?
Longer marriages where couples have had children together, purchased a home together, perhaps even run a business together, usually don’t go as quickly and smoothly as uncontested divorces. Especially when the parties have different opinions about how things should go. Now, parenting plans and timesharing need to be determined, as well as child support, alimony, division of assets and liabilities, splitting up the family business, and so on.
The average contested divorce should be final within 6-8 months if everything goes according to plan. But some divorces can take up to 2 years.
The average divorce case usually ends up in mediation at least twice, and hopefully by the second time, the mediator is able to help the parties reach some mutually agreeable compromises.
If the lawyers do their work properly, by the time the second or final mediation rolls around, most, if not all, of the issues will be well determined and close to resolution. However, add a child custody issue to the mix and all bets are off. Most likely, these people will have a judge decide their lives for them.
A good Jupiter divorce lawyer will prepare your case with settlement as the end goal either before or at mediation, and NOT with litigation as the end goal. Very few people will be happy with what a judge does. If the court makes the decision, there will be a winner and a loser. A loser will want to come back and fight the same issues all over again. Which means more and more litigation, bills from the lawyers, and aggravation for you both. When possible, it is always better to control your own fate than letting a judge do it for you.
If you are considering getting divorced, we do not recommend representing yourself, especially if your spouse has an attorney and you do not. It is important to have a competent, qualified divorce attorney with experience in mediation and litigation – someone who can advise you of all your rights and all the options you have before you. Someone who will be in your corner, fighting for your best interests.