Timeline for Contested Divorce in Florida

When a married couple agrees to the terms of a divorce, the process can proceed fairly quickly. These are known as uncontested divorce cases, and they can be finalized in as little as a few weeks. Unfortunately, this is not always possible, and couples must get a contested divorce.

During a contested divorce, couples must resolve any terms of the divorce they cannot agree on, such as property division, alimony, child support, and more. Contested divorces do take longer than uncontested cases. Below, our Florida contested divorce attorney outlines the timeline for these cases so you can understand how long your case may take.

Filing the Divorce Petition 

The divorce process starts when one spouse files the Petition for Dissolution of Marriage with the court. A private process server must then serve the divorce papers to the other spouse. This typically takes between one to three weeks, but it may take longer if a spouse is trying to avoid being found.

The Response

The spouse who is served with divorce papers then has 20 days to respond. This timeline is outlined in the law and does not change.

Financial Disclosures 

Both spouses are required to submit financial disclosures within 45 days of the divorce petition being filed. Each spouse must submit a Financial Affidavit that lists all income, assets, debts, and expenses. Supporting documents such as bank statements and tax returns are also necessary.

Discovery

Discovery is often the longest part of the contested divorce process. During discovery, the attorneys for each side will exchange information so both parties are on an even playing field throughout the process. Lawyers will use depositions, interrogatories, subpoenas, and document requests in order to obtain the necessary information.

Parenting Course

When parents get a divorce, they must complete a parenting course. These courses are four hours long and teach parents how to co-parent effectively and limit the negative impact of divorce on their children. The spouse who files the divorce petition has 45 days from the date of filing to complete the course, while the other spouse has 45 days from the date of service of the divorce papers.

Mediation 

The courts often order couples to try to resolve the issues in their uncontested divorce during mediation before going to trial. During mediation, the couple and their attorneys meet with a neutral third-party mediator who listens to each party’s arguments and seeks to foster compromise and communication so the two sides can reach an agreement. Mediation typically occurs about four to five months after filing, but most cases are resolved during mediation.

Pre-Trial 

Pre-trial preparation typically lasts from one to three months. During this period, each side’s lawyers gather evidence, prepare witnesses, develop litigation strategies, and fulfill pre-trial requirements.

Trial 

Divorce trials typically take between one to five days. After the trial, a family law judge will make the final judgment.

Our Contested Divorce Attorney in Florida Can Help You Through the Process 

Contested divorce cases do take longer, and it is important to have the help of a Florida contested divorce attorney on your side. At Florida Law Advisers, P.A., our experienced attorney can help you through the process to make it as easy as possible for you. Call us now at 1 (800) 990-7763 or contact us online to schedule a consultation.

Source:

leg.state.fl.us/statutes/index.cfm?App_mode=Display_Statute&URL=0000-0099/0061/0061.html