The Divorce Finish Line – How Fast Can We Really Get an Uncontested Divorce in Florida?

An uncontested divorce in Florida is typically faster than a contested divorce. It means that you and your spouse already agree on many of the terms of that divorce, such as how to divide marital assets or how to split up custody of your children. A contested divorce that has to be litigated in court is going to take much longer because both sides have to attend hearings, present their arguments and get a ruling from a judge.

But just how fast can you end your marriage? There are a few different deadlines to consider.

Residency requirements

To begin with, note that Florida has residency requirements stating that either you or your spouse must have lived within the state for six months prior to filing. So if you just moved to Florida, you cannot even start the process for half a year. But if you have lived in Florida all of your life, you naturally meet these residency requirements already.

The waiting period

Additionally, Florida has a mandatory waiting period of 20 days. This means that the court is not even allowed to issue an official divorce until 20 days have elapsed between the filing and the finalization.

Similarly, once you file for divorce and serve the papers to your spouse, they have 20 days to respond. Even if they never respond, you still have to wait those 20 days before you can move forward with a default divorce. In an uncontested divorce, it is likely that your spouse will respond relatively quickly because it is an amicable process, but the 20-day mandatory waiting period still applies. The court cannot legally finalize your divorce any faster than that, even if you and your spouse agree on every single detail.

The court process

Finally, the speed of the divorce may depend on the court system in Florida. If the court has a backlog of other cases to handle, it can take time simply to get a hearing and take other necessary steps before the divorce is finalized. So it is not all up to you and your spouse, or the fact that you are filing an uncontested divorce. At the end of the day, it generally takes a minimum of five to six weeks to end your marriage.

Getting divorced is a major change in your life. It is imperative that you understand all of your rights and legal options, which is why it can be helpful to work with an experienced law firm.