How Long Does a Divorce Take in Orlando, FL?

 

Going through a divorce is one of life's most challenging experiences. The emotional and financial toll can be significant, and one of the most common questions people ask is, "How long will this take?" The uncertainty can be overwhelming, making it difficult to plan for the future. While there is no single answer that fits every situation, understanding the factors that influence the timeline can provide much-needed clarity.

This guide explains the typical timelines for divorce in Orlando, Florida, and outlines the key stages of the process. We will cover the differences between uncontested and contested divorces, the mandatory waiting periods, and the factors that can speed up or slow down your case. By the end, you'll have a realistic understanding of what to expect as you navigate this difficult journey.

Uncontested vs. Contested Divorce: The Biggest Timeline Factor

The single most significant factor determining how long your divorce will take is whether it is "uncontested" or "contested."

The Uncontested Divorce Timeline (2-3 Months)

An uncontested divorce is the fastest and most straightforward path. This occurs when both spouses agree on all major issues related to their separation. These issues include:

• Division of Assets and Debts: How will you split your property, such as the family home, cars, bank accounts, and retirement funds? How will you handle shared debts like mortgages and credit card balances?
• Alimony (Spousal Support): Will one spouse provide financial support to the other? If so, for how long and how much?
• Parental Responsibility and Time-Sharing: If you have minor children, how will you make decisions about their upbringing (parental responsibility)? What will the schedule for spending time with each parent look like (time-sharing)?
• Child Support: Based on Florida's guidelines, how much financial support will be provided for the children?

If you and your spouse can reach a complete agreement on these matters, you can file a simplified or uncontested dissolution of marriage. Once the paperwork is filed with the court, the process is relatively quick. After Florida’s mandatory 20-day waiting period, a judge can sign the final judgment, officially ending the marriage. In many cases, an uncontested divorce in Orlando can be finalized in as little as two to three months.

The Contested Divorce Timeline (6 Months to 1+ Year)

A contested divorce happens when spouses cannot agree on one or more of the key issues. If even a single point of contention exists, the case becomes contested, and the timeline extends significantly. This process involves several formal legal steps, each adding time to the overall duration.

A typical contested divorce in Orlando can last anywhere from six months to over a year. If the case is particularly complex, involves significant assets, or requires a trial, it could take even longer.

Key Stages of a Contested Divorce in Orlando

Understanding the stages of a contested divorce can help you visualize the journey ahead. Each step has its own timeline, and delays can occur at any point.

1. Filing the Petition (Day 1)

The divorce process officially begins when one spouse (the "Petitioner") files a Petition for Dissolution of Marriage with the Orange County Clerk of Courts. This document outlines what the Petitioner is requesting from the court regarding asset division, alimony, and issues concerning children.

2. Serving the Petition (Up to 20 Days)

After filing, the other spouse (the "Respondent") must be formally notified of the lawsuit. This is called "service of process." The Respondent has 20 days from the date they are served to file a formal response with the court.

3. Financial Disclosures (Within 45 Days of Service)

Florida law requires both parties to exchange detailed financial information. This process, known as "discovery," involves completing a Financial Affidavit and providing supporting documents like bank statements, tax returns, and pay stubs. This mandatory disclosure must be completed within 45 days of the petition being served. The goal is to ensure both parties have a clear and honest picture of the marital finances.

4. Mediation (Months 3-6)

Before a case can go to trial in Florida, couples are required to attend mediation. Mediation is a confidential process where a neutral third-party mediator helps the spouses negotiate a settlement. It is a crucial opportunity to resolve disputes without the expense and stress of a court battle.

Many cases are settled during mediation. If a full agreement is reached, the lawyers can draft a marital settlement agreement, and the divorce can be finalized shortly after. If only some issues are resolved, the case proceeds to court on the remaining contested matters.

5. Hearings and Trial Preparation (Months 6-12)

If mediation fails, the case moves toward trial. This phase involves hearings on temporary matters (like temporary child support or who stays in the house), depositions (out-of-court testimony under oath), and other trial preparation activities. Scheduling these events depends on the court's calendar and the availability of the attorneys, which can add months to the timeline.

6. The Trial (1-2+ Years)

If no settlement is reached, the final step is a trial before a judge. The judge will hear testimony, review evidence, and make a final ruling on all contested issues. Getting a trial date on a busy court docket can take several months. After the trial, the judge will issue a Final Judgment of Dissolution of Marriage, officially ending the divorce.

What Can Delay a Divorce in Florida?

Several factors can complicate the process and extend the timeline:

• High-Conflict Personalities: If one or both spouses are unwilling to compromise, every step can become a battle, causing significant delays.
• Complex Financials: Divorces involving business ownership, hidden assets, or extensive investment portfolios require more time for discovery and valuation.
• Disputes Over Children: Disagreements about time-sharing or parental responsibility can lead to custody evaluations and expert testimony, which adds considerable time.
• Court Schedules: The family court system in Orlando is busy. Scheduling hearings and a trial can take months, depending on the judge's availability.

Take the Next Step with Confidence

Navigating a divorce can be a lengthy and emotionally draining process, but you don't have to go through it alone. Understanding the potential timeline is the first step toward regaining control. While an uncontested divorce offers the quickest resolution, even contested cases can be managed efficiently with the right legal strategy. An experienced attorney can help you negotiate effectively, meet all legal requirements, and advocate for your best interests, whether in mediation or in court.

If you are facing a divorce and need guidance, seeking professional legal advice is essential. A knowledgeable legal team can help you understand your rights and options. If you need help with a family law practice in Orlando, FL, contact Ilvento Law today for more information and to schedule a consultation.