The length of time it takes to get a divorce in Florida depends on the type of divorce. A simplified divorce may take 30 days. An uncontested divorce may range from 4 to 6 weeks. A contested divorce may take up to six months, a year, maybe several years depending on the disputes within the marriage.
How long does it take to get a divorce if both parties agree in Florida?
The short answer to the question of how long your Florida divorce will take is that an uncontested Florida divorce generally takes about 3 months while the “average” contested Florida divorce generally takes about a year, but can take as long as two years, or, in extreme circumstances even longer.
How long do divorce papers take in Florida?
The contested divorce process usually looks something like this: Service of petition and summons: Though you can file for divorce instantly, your spouse must be served with divorce papers, which can take one to three weeks. You have the option to pay extra money to expedite getting the Petition and Summons served.
What is the fastest divorce in Florida?
Under Florida law, the quickest that anyone can get divorced is 20 days. Divorce in Florida is technically called “dissolution of marriage.” There are two forms: simplified divorce and regular divorce. If you have children, then you do not qualify for a simplified divorce.
How much does a divorce cost Florida?
According to the 2020 study, the average divorce in Florida costs $13,500, including $11,600 in attorneys’ fees. Attorneys’ fees make up a large portion of the cost of divorce because the average hourly rate for attorneys in Florida is $295.
What is the easiest way to get a divorce in Florida?
In Florida, a couple can get a “Simplified Dissolution of Marriage,” which is the fastest and easiest way to get divorced. However, Florida does require the parties, 1. agree that the marriage is irretrievably broken, 2. provide proof of residency, 3.
Do you have to go to court for divorce in Florida?
In cases of standard uncontested dissolutions of marriage, only one spouse is required to appear at the final hearing. This means that one of you will never have to go to court to actually be granted a divorce.
What are the steps to divorce in Florida?
- Step 1: Filing the Petition.
- Step 2: Answering the Petition.
- Step 3: Gathering Additional Information: The Divorce Discovery Process.
- Step 4: Mediation: Negotiating the Terms of the Divorce.
- Step 5: Agreeing on a Parenting Plan.
What is the cheapest way to get a divorce in Florida?
Divorce in Mutual Agreement Filing for a divorce in mutual agreement is always cheaper. This avoids having to hire a process server or sheriff to serve the divorce papers to your spouse. You will also save on court mandated mediation, hiring an attorney and maybe even having to pay for their legal fees.
How long does it take to get a divorce if both parties agree?
On average the divorce usually takes between six and nine months. It is however very common to delay applying for the Decree Absolute until the financial issues have been resolved.
How quickly can I get a divorce?
A divorce or dissolution will take at least 6 months to complete, even if your circumstances are straightforward. It might take longer if you need to sort out issues with money, property or children.
What does a judge consider in a divorce?
The court will look at meeting the needs of both parties, including ensuring their housing and income needs are met. If these needs are met from the available assets and there is a surplus, the court may consider the origin of certain assets in deciding how the remainder is divided.
Can I divorce without going to court?
Divorce without court is exactly what it sounds like. There are ways to divorce without ever setting foot in a courtroom. Typically you’ll choose from one of three options: 1) collaborative divorce, 2) mediation, or 3) uncontested divorce.
Can you get a divorce without the other person signing in Florida?
The good news is that in Florida, you can still get a divorce even if the other party will not sign the divorce papers. Because Florida is a “no-fault” state, you don’t have to prove that one spouse or the other was at fault in the divorce. Instead, you just have to state that the marriage is irretrievably broken.
What are the five stages of divorce?
There are two processes in divorce. The emotional process can be broken down into 5 stages: Denial, Anger, Bargaining, Depression, and Acceptance.
Can you date while separated in FL?
Yes, dating while separated is not unlawful in Florida, but just because it is not prohibited does not necessarily make it a good idea to start seeing other people soon after the divorce papers are filed.
How does Florida calculate alimony?
Alimony in Florida is calculated based upon need and ability to pay. The American Association of Matrimonial Lawyers provides a guideline, which takes 30% of the payer’s gross annual income minus 20% of the payee’s gross annual income to estimate the alimony.
Is online divorce legal in Florida?
Florida divorce online. The Florida court system has the e-filing portal where Floridians can file their divorce papers online without having to go to the family law court. No-court divorce hearing.
Can you get divorced in Florida without a lawyer?
You are not required to have a lawyer to get a divorce in Florida. However, if you have questions about your case, or you and your spouse do not agree on the divorce, then you need to talk to a lawyer. You may also want to consult a lawyer to review your documents before you move forward.
What happens if spouse does not respond to divorce papers Florida?
After the deadline, you will lose your right to respond to allegations from the divorce petition. Also, after 20 days pass without your response, your spouse will be able to seek a default divorce judgment against you, and this is definitely not something you want.
Who gets the house in a divorce in Florida?
How is property divided in a divorce? Under Florida divorce law, all marital property is subject to equitable distribution. Typically, the court will divide marital property 50/50, unless there are reasons why an equal split would be inequitable (unfair).
Does it matter who files for divorce first in Florida?
“Since Florida is a no-fault divorce state, it does not matter which of the spouses files for divorce first,” says our experienced divorce attorney Fort Lauderdale. “When divorce papers are filed, neither party has a legal obligation to provide a cause of the dissolution of marriage.”
Can I do my own divorce in Florida?
Deliver a Petition Copy to Your Spouse In Florida, the law does not allow you to complete the service on your own. You are required to hire someone to serve divorce papers. This can be either a sheriff or a process server, and the fees for their services will vary depending on the county.
What forms do I need to file for a divorce in Florida?
- A divorce petition. The spouse who files for divorce first is required to submit a petition.
- A counter-petition.
- A financial affidavit.
- A parenting plan.
Who pays alimony in Florida?
Who Pays Alimony in Florida? All family law and divorce cases are unique. However, the spouse who earns the most money is typically the one who must pay alimony payments to the other spouse.