Realistic timelines for every type of divorce in Palm Beach, Broward, and Miami-Dade counties, from an attorney who handles these cases every day.
- An uncontested divorce in Florida typically takes 4 to 12 weeks.
- A contested divorce that settles before trial usually takes 6 to 12 months.
- High-conflict cases that go to trial can take 12 to 24+ months. Florida’s mandatory minimum waiting period is 20 days from filing under Florida Statute § 61.19¹.
One of the first questions I hear from nearly every client who walks into my office is: “How long is this going to take?” It is a fair question, and I wish I could give a one-size-fits-all answer. The truth is, your divorce timeline depends on several factors, many of which are within your control.
In my years practicing Florida divorce law across Palm Beach County, Broward County, and Miami-Dade County, I have seen uncontested divorces wrap up in under six weeks and contested cases drag on for more than two years. The difference almost always comes down to the same handful of variables: how cooperative both parties are, how complex the finances are, and whether children are involved.
This guide gives you the realistic timelines I share with my own clients. No vague generalities. I will walk you through exactly what happens at each stage, what the law actually requires, and what you can do to move things along.
Florida’s 20-Day Mandatory Waiting Period
Before we talk about realistic timelines, let us start with the legal minimum. Under Florida Statute § 61.19², no final judgment of dissolution of marriage may be entered until at least 20 days have elapsed from the date of filing the original petition for dissolution of marriage.
That is the shortest possible timeline the law allows. In practice, even the most straightforward uncontested divorce takes longer than 20 days because of the time needed to serve your spouse, process paperwork, and get on the court’s calendar.
Can the 20-day waiting period be waived? Technically, yes. The statute says a judge may enter a final judgment earlier “on a showing that injustice would result from this delay.” In practice, this is rare. It typically requires unusual circumstances such as a military deployment to a combat zone, a time-sensitive real estate transaction, or both parties having a signed settlement agreement with a specific waiver clause. Do not count on a waiver in your planning.
It is also important to know that Florida is a no-fault divorce state. Under Florida Statute § 61.052³, you only need to show that your marriage is “irretrievably broken.” You do not need to prove wrongdoing. This simplifies the legal grounds, but it does not necessarily speed up the process when disputes exist over property, support, or children.
Divorce Timeline at a Glance
Here is a realistic range based on what I see in South Florida courts every day. These are not best-case scenarios pulled from a textbook. They reflect what you should actually plan for.
| Type of Divorce | Typical Timeline | Key Variables |
|---|---|---|
| Simplified Dissolution | 3 to 6 weeks | No children, no alimony, both parties agree on everything and attend the final hearing together |
| Uncontested Divorce | 4 to 12 weeks | Both parties agree on all issues; speed depends on court scheduling and paperwork completion |
| Contested Divorce (settles before trial) | 6 to 12 months | Discovery, financial disclosures, mediation, negotiation. Most contested cases settle at this stage. |
| High-Conflict / Trial-Track Divorce | 12 to 24+ months | Complex assets, custody disputes, forensic accounting, depositions, trial preparation and trial itself |
Fewer than 5% of Florida divorce cases actually go to trial. The vast majority settle through mediation or negotiation. Your case is statistically very likely to resolve without a trial, but you need to be prepared for one in order to negotiate from a position of strength.
Uncontested Divorce: 4 to 12 Weeks
An uncontested divorce means you and your spouse agree on every issue: property division, alimony, child custody and timesharing, and child support. There are no disputes. Both parties are cooperative.
Even when everything is agreed upon, there are steps that take time: preparing and filing the petition, serving your spouse, completing financial disclosures (which the Florida Family Law Rules of Procedure require from both sides), and scheduling the final hearing.
What Makes Uncontested Cases Take Longer Than You Expect
Most people assume “uncontested” means “fast.” It does mean faster, but not instant. The most common reasons an uncontested divorce takes closer to 12 weeks than 4 weeks include: court calendars being full, particularly in busier counties; one spouse taking time to review and sign paperwork; delays in service of process; and incomplete financial disclosures that need correction.
- Both spouses agree on all issues (property, support, children)
- At least one spouse has lived in Florida for 6+ months (Fla. Stat. § 61.021)
- Petition for Dissolution filed with the circuit court
- Spouse properly served (or files a waiver of service)
- Both parties complete mandatory financial disclosures
- Parenting course completed (if minor children are involved)
- Marital settlement agreement signed by both parties
- Final hearing scheduled and attended
Contested Divorce: 6 to 12+ Months
A divorce is considered contested the moment the parties disagree on even a single issue. It does not matter if both spouses want to become single. If there is a disagreement over who gets the house, how much alimony should be paid, or what the parenting plan should look like, your case is contested.
Here is an important distinction that many people miss: the vast majority of contested divorces eventually settle. They start with disagreement, go through the discovery and negotiation process, and resolve at mediation or through attorney-to-attorney negotiations. This is actually the most common path I see in my practice.
“My divorce is contested, so I’m preparing for a long, expensive battle. There’s no avoiding it.”
Contested does not mean you are going to trial. It means you start with disagreement but work toward resolution. Most contested cases in Florida settle before trial, often at mediation. Having a skilled attorney who can negotiate effectively is far more important than preparing for a courtroom fight. As I tell my clients: prepare for trial, but work toward settlement.
What Happens During a Contested Divorce
Once a contested divorce is filed and the other party is served, the case follows a fairly predictable path. I walk my clients through each phase so they know what to expect. The process involves mandatory financial disclosures, potential discovery (requests for documents, interrogatories, depositions), required mediation, and, if needed, a final hearing or trial.
Under Florida’s family law rules, both sides must exchange a minimum set of financial documents within 45 days of the original petition being served. These include paycheck stubs, tax returns, bank statements, and retirement account statements. In a fully contested case with significant assets, additional discovery, including depositions and subpoenas, can extend this phase considerably.
Simplified Dissolution: 3 to 6 Weeks
Florida offers a streamlined process called Simplified Dissolution of Marriage. This is the fastest path to divorce, but it comes with strict eligibility requirements. To qualify, you and your spouse must meet all of the following conditions:
- You both agree the marriage is irretrievably broken
- You have no minor or dependent children, and the wife is not pregnant
- You have agreed on the division of all assets and liabilities
- Neither party is seeking alimony
- Both parties are willing to attend the final hearing together
- At least one spouse has lived in Florida for at least six months
If you meet all of these criteria, the simplified dissolution process can potentially be completed in as little as three weeks after the 20-day waiting period. Most couples who qualify for this process complete it within a month to six weeks.
Should you pursue simplified dissolution? If you have no children, no alimony needs, and you both agree on everything, it can save you significant time and money. However, once your simplified dissolution is finalized, neither spouse has any right to expect money or support from the other, except for what is included in the property settlement agreement. This is important. If you have any doubt about whether you are entitled to alimony or a share of retirement benefits, talk to an attorney before going this route. A quick divorce is not worth leaving money on the table.
Step-by-Step: The Florida Divorce Timeline
Here is a clear breakdown of what actually happens from the day you decide to file until the day your divorce is finalized. Every case is different, but these stages are consistent across Palm Beach, Broward, and Miami-Dade counties.
Filing the Petition
One spouse (the petitioner) files a Petition for Dissolution of Marriage with the circuit court. In South Florida, the filing fee is approximately $409, plus $10 for the summons. This starts the 20-day clock.
Service of Process
Your spouse must be properly served with the divorce papers. A private process server personally delivers the documents. In South Florida, process servers typically charge $40 to $50. If your spouse is avoiding service, this step can take longer.
Response Period
Your spouse has 20 days from the date of service to file an Answer. If they do not respond, you may pursue a default proceeding. If they do respond, the case moves forward to disclosures and negotiation.
Mandatory Financial Disclosures
Both parties must exchange financial affidavits and supporting documents, including tax returns, pay stubs, bank and investment statements. This is required under Florida Family Law Rules of Procedure Rule 12.285.
Discovery and Investigation
In contested cases, this phase can include written interrogatories, requests for production, subpoenas to third parties, and depositions. Complex cases involving hidden assets may require forensic accountants.
Mediation
Most Florida courts require mediation before a contested case can proceed to trial. A neutral mediator helps both parties negotiate a resolution. Between 70% and 90% of mediated cases reach a settlement. Learn more about mediation.
Final Hearing or Trial
If you settle, the final hearing is brief, often 15 to 30 minutes. The judge reviews your agreement and enters the final judgment. If the case goes to trial, preparation alone can take months, and the trial may last a day or longer.
Need a Realistic Timeline for Your Case?
Every situation is different. I can give you an honest assessment of how long your specific divorce is likely to take during a strategy session.
Book a Strategy Session Or call us directly at 561-208-1859What Actually Controls Your Divorce Timeline
In my experience, the single biggest factor that determines how long a divorce takes is not the law. It is the willingness of both parties to be reasonable. I have seen simple cases with few assets drag on for over a year because one spouse refused to cooperate, and I have seen complex cases with significant wealth resolve in under six months because both parties approached the process in good faith.
Factors That Speed Things Up
- Agreement on key issues before filing. If you and your spouse can agree on the big-ticket items (children, property, support) before or early in the process, you save months.
- Organized financial records. Having tax returns, bank statements, and property documents ready eliminates one of the most common sources of delay.
- Experienced attorney who knows local courts. An attorney who regularly practices in your county knows the judges, the clerks, and how to navigate the local system efficiently.
- Willingness to mediate. Embracing mediation rather than viewing it as an obstacle can resolve your case months sooner than waiting for a trial date.
Factors That Slow Things Down
- Uncooperative spouse. If your spouse delays responding, refuses to produce financial documents, or takes unreasonable positions, the timeline extends significantly.
- Complex assets. Retirement accounts, business interests, non-marital property claims, and hidden assets all add time for valuation and investigation.
- Custody disputes. Disagreements over timesharing and parental responsibility are often the most emotionally charged and time-consuming issues to resolve.
- Court backlogs. Some circuits simply have heavier caseloads than others. Hearing dates can take weeks or months to obtain depending on the judge’s calendar.
Unreasonable positions can cost you. Under Florida Statute § 61.16, if you take a position during your divorce that is clearly unsupported by the facts or the law, the court can order you to pay your spouse’s attorney’s fees. I have seen this happen, and the financial consequences can be severe. Being reasonable is not just good strategy for your timeline. It is good strategy for your wallet. Read more about contested vs. uncontested divorce.
County-by-County: South Florida Timelines
I practice in three South Florida counties, and each has its own personality when it comes to scheduling and case flow. Here is what I typically see:
| County (Judicial Circuit) | Uncontested Timeline | Contested Timeline | Notes |
|---|---|---|---|
| Palm Beach County 15th Judicial Circuit |
4-8 weeks | 6-12 months | Generally efficient scheduling; experienced family law bench |
| Broward County 17th Judicial Circuit |
6-10 weeks | 6-14 months | Higher caseload can affect scheduling; unified family court system |
| Miami-Dade County 11th Judicial Circuit |
6-12 weeks | 8-18 months | Largest circuit in Florida; higher volume can mean longer wait times for hearings |
These are general ranges based on my experience. Your actual timeline will depend on your specific judge, the complexity of your case, and the cooperation of both parties. Having an attorney who regularly practices in your county makes a meaningful difference because we know how each court operates, what each judge expects, and how to avoid procedural delays.
When Children Are Involved
Cases involving minor children almost always take longer than those without. There are additional requirements that add time to the process, and custody and timesharing disputes are frequently the most difficult issues to resolve.
Additional Requirements With Children
If you have minor children, Florida requires both parents to complete a Parent Education and Family Stabilization Course before the divorce can be finalized. This is a state-mandated class, typically four hours long, that covers the impact of divorce on children and co-parenting strategies.
You will also need to develop a comprehensive parenting plan that covers the timesharing schedule, how major decisions about the children will be made, and other details about the children’s day-to-day care. If you and your spouse cannot agree on a parenting plan, the court will create one based on the best interests of the child standard under Florida Statute § 61.13.
- What timesharing schedule is realistic given our work schedules and the children’s school?
- How does Florida’s presumption of equal timesharing (under HB 1301) affect my case?
- Can we get temporary custody arrangements in place while the divorce is pending?
- What happens if my spouse and I cannot agree on a parenting plan?
- Will the court appoint a guardian ad litem in our case, and how will that affect the timeline?
Custody disputes are also where I see the biggest potential for delays. If one parent believes the other is unfit, or if there are allegations of domestic violence, the court may order evaluations, appoint a guardian ad litem, or schedule additional hearings. Each of these steps adds time.
How to Speed Up Your Divorce
While you cannot control every variable, there are concrete steps you can take to move your divorce forward as efficiently as possible. These are the strategies I recommend to my own clients.
- Gather financial documents early. Tax returns (last 3 years), bank statements, pay stubs, retirement account statements, mortgage documents, credit card statements, and vehicle titles. Having these ready before filing can save weeks.
- Complete the parenting course right away. If children are involved, do not wait. Take the course as soon as your case is filed so it is not a bottleneck at the end.
- Be responsive. When your attorney asks for documents or decisions, respond promptly. Delays on your end translate directly to delays in your case.
- Approach mediation in good faith. Come with realistic expectations and a willingness to compromise. Read my full guide to mediation to prepare properly.
- Hire an attorney who practices in your county. Local knowledge of judges, clerks, and procedures makes a significant difference in efficiency.
- Communicate through your attorney. Direct negotiations with your spouse can sometimes backfire and create new disputes that slow things down.
“I’ll handle the financial disclosure later. Right now I just want to get the paperwork filed.”
Start gathering financial documents the moment you decide to file. Mandatory disclosures are required within 45 days of the original petition under Florida Family Law Rules. If your disclosures are late, incomplete, or inaccurate, it can delay your entire case and even give your spouse grounds to seek sanctions or additional discovery.
Common Causes of Delays
In my practice, I see the same patterns repeat across hundreds of cases. Here are the most common reasons divorces take longer than they need to.
Spouse Avoids Service
Your divorce cannot move forward until your spouse is properly served. If they are avoiding the process server, you may need to pursue alternative methods of service, including service by publication in extreme cases, which adds time.
Incomplete or Delayed Financial Disclosures
This is the single most common cause of delays I see. One spouse does not provide complete financial documents on time, which delays discovery, delays mediation, and pushes back the entire timeline. Understanding the full costs of divorce can help you plan for this process.
Disagreements Over Asset Valuation
When there are significant assets, especially business interests, retirement accounts, or real estate with disputed values, the parties may need appraisals, forensic accounting, or expert testimony. Each of these steps adds weeks or months.
Custody Evaluations and Guardian Ad Litem
If the court appoints a guardian ad litem or orders a custody evaluation, both processes take time to complete. Evaluators need to interview both parents, observe the children, review records, and prepare a report. This can add two to four months to your case.
Court Calendar Congestion
Some judges simply have heavier calendars than others. If your judge has a backlog, hearing dates may be pushed out further than you expect. An experienced local attorney knows which judges tend to have tighter or more open schedules.
Concerned About Delays in Your Case?
If your divorce is stalled or you are worried about how long the process might take, let us help you identify the bottleneck and develop a strategy to move forward.
Schedule Your Consultation Or call 561-208-1859 • 954-990-9307Cost vs. Time: Understanding the Trade-off
There is a direct relationship between how long your divorce takes and how much it costs. Every month your case remains open means additional attorney’s fees, and contested cases that drag on become increasingly expensive.
| Scenario | Typical Timeline | Estimated Cost Range |
|---|---|---|
| Simplified Dissolution (no attorney) | 3-6 weeks | $500 – $1,500 |
| Uncontested (with attorney) | 4-12 weeks | $2,500 – $7,500 |
| Contested (settles at mediation) | 6-12 months | $7,500 – $25,000+ |
| High-conflict / Trial | 12-24+ months | $25,000 – $100,000+ |
These are general ranges. Your actual costs depend on the specifics of your case, your attorney’s rates, and the complexity of the issues involved. For a more detailed breakdown, read my comprehensive guide on how much divorce costs in Florida.
The fastest way to reduce both the time and cost of your divorce is to reach agreement. Every issue you can resolve outside of court, whether through direct negotiation or mediation, saves you time, money, and stress. That does not mean accepting an unfair deal. It means approaching the process with realistic expectations and a willingness to find middle ground where reasonable.
Before You File: Meeting the Requirements
Before you can start the divorce clock, you need to make sure you meet Florida’s basic requirements. The most important one is residency: under Florida Statute § 61.021, at least one spouse must have been a resident of Florida for six continuous months immediately before filing the petition.
Unlike some states, Florida does not require a period of separation before filing. You and your spouse can live under the same roof up to and through the filing date. You also do not need your spouse’s permission or agreement to file. Either spouse can initiate the divorce.
If you are considering filing but want to understand the strategic implications of filing first versus waiting, I discuss the pros and cons in detail in my article on filing for divorce first in Florida.
What If Your Spouse Will Not Cooperate?
This is one of the most frustrating situations I see. You want to move forward, but your spouse is dragging their feet, ignoring paperwork, or refusing to negotiate. The good news is that your spouse cannot prevent your divorce from happening. Florida courts have mechanisms to keep cases moving.
If your spouse does not file an Answer within 20 days of being served, you may be able to pursue a default judgment. This means the court can proceed without your spouse’s participation, though the judge still needs proper documentation before entering a final judgment.
If your spouse is being deliberately uncooperative during the case, including refusing to produce financial documents or missing court-ordered deadlines, your attorney can file motions to compel compliance. Courts have the authority to sanction uncooperative parties, including awarding attorney’s fees to the cooperating spouse.
Service of process must be completed within 120 days of filing your petition. If your spouse cannot be located within that timeframe, the court may allow alternative methods of service, including service by publication in a newspaper. If you believe your spouse may be difficult to locate, let your attorney know immediately so they can begin planning accordingly.
Additional Resources
I have written in-depth guides on many of the topics covered in this article. Here are the most relevant ones for someone trying to understand their divorce timeline and options:
- Contested vs. Uncontested Divorce in Florida
- How Much Does Divorce Cost in Florida?
- Mediation and the Divorce Process in Florida
- Florida Parenting Plans Explained
- Pros and Cons of Filing for Divorce First in Florida
- What Is Considered Marital Property in Florida?
- Keeping Your Home After Divorce: Refinancing and Mortgage Challenges
- Does Cheating Impact Florida Divorce Cases?
For a broader overview of our free guides and educational resources, visit our Florida Divorce Guide and Resources page.
Frequently Asked Questions
Florida’s legal minimum is 20 days from filing under Florida Statute § 61.19. In practice, even the simplest uncontested divorce typically takes 4 to 8 weeks because of service, paperwork processing, and court scheduling. A simplified dissolution, where both parties attend the final hearing together and meet all eligibility requirements, can sometimes be completed in 3 to 4 weeks.
Yes. Under Florida Statute § 61.19, no final judgment may be entered until at least 20 days after the original petition is filed. A judge can waive this period if waiting would cause “injustice,” but waivers are uncommon and require a compelling reason.
Typically 4 to 12 weeks from filing to final judgment. The speed depends on how quickly both parties complete required paperwork, financial disclosures, and the court’s scheduling availability in your county.
Most contested divorces that settle before trial take 6 to 12 months. Cases involving custody disputes, complex assets, or uncooperative spouses can take 12 to 24 months or longer. Fewer than 5% of Florida divorce cases actually reach trial.
Usually, yes. Cases involving minor children require a parenting plan, completion of a Parent Education and Family Stabilization Course, and often involve disputes over timesharing schedules. If custody is contested, the court may order evaluations or appoint a guardian ad litem, which can add months to the process.
Yes. The most effective strategies include reaching agreement with your spouse on key issues before filing, gathering financial documents early, completing the parenting course promptly (if applicable), and hiring an experienced attorney who knows local court procedures. Approaching mediation in good faith also helps resolve cases faster.
In the 15th Judicial Circuit (Palm Beach County), uncontested divorces typically take 4 to 8 weeks. Contested cases take 6 to 12 months depending on the judge’s calendar, the complexity of the case, and whether mediation leads to a settlement.
No. Florida does not require a separation period before filing for divorce. You can file as soon as you meet the residency requirement (at least one spouse living in Florida for six continuous months). You can even continue living in the same household during the divorce process.
If your spouse does not file an Answer within 20 days of being served, you may be able to pursue a default judgment. The court can proceed without their participation, though proper documentation is still required. In some cases, a non-responsive spouse can actually shorten the overall timeline.
Most Florida courts require mediation before allowing a contested divorce to go to trial. Judges strongly prefer cases to settle outside the courtroom. I have seen judges order multiple mediation sessions over the life of a case. The good news is that mediation works: between 70% and 90% of mediated Florida divorce cases reach a settlement. Learn more in my mediation guide.
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Whether you are considering divorce or already in the process, my team and I are here to give you clarity on your timeline, your options, and the best path forward for your situation.
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