Florida legal guide
How Long Does a Divorce Take in Florida?
Florida divorce timeline explained — 20-day waiting period, uncontested vs. contested timing, and what delays a case in Miami-Dade County.
Last reviewed: September 15, 2026
Florida Divorce Timeline Overview
Every Florida divorce is governed by statute, and the state is clear about one thing: there is a minimum waiting period. Florida law requires a minimum of 20 days between the filing of a divorce petition and the final judgment. For straightforward cases where both parties agree, that often means 30 to 60 days from filing to finality. But when issues are in dispute, the timeline stretches — sometimes dramatically.
The 20-Day Waiting Period
Florida Statutes Section 61.021 states that no dissolution of marriage may be entered until at least 20 days after the petition is filed. This is a floor, not a ceiling. The court will not grant the divorce earlier, even if the parties are fully agreed, unless the case qualifies under limited circumstances (such as a simplified dissolution under Section 61.19).
Uncontested vs. Contested
The controlling factor in any timeline is whether the divorce is uncontested (both parties agree on everything) or contested (one or more issues require negotiation, mediation, or litigation). An uncontested dissolution is a paperwork process with a short timeline. A contested case is a litigation process measured in months.
Uncontested Divorce Timeline
An uncontested divorce in Miami-Dade County follows a predictable path.
| Step | Timeline |
|---|---|
| Petition filed | Day 1 |
| Respondent served | Days 1–7 |
| 20-day waiting period | Days 1–20 |
| Agreement submitted (if resolution) | Week 3–4 |
| Final judgment entered | Days 30–60 |
What Stays Fast in Uncontested Cases
The case stays fast when: both parties sign all documents, no children's issues require a parenting plan dispute, agreement is reached on property and support, and there is no service complication. A well-prepared uncontested filing with all documents ready can be final in under a month.
Contested Divorce Timeline
A contested case moves through distinct phases, each adding to the timeline.
| Phase | Timeline |
|---|---|
| Petition filed and served | Month 1 |
| Discovery (financial and factual) | Months 2–4 |
| Mediation | Months 4–6 |
| Pre-trial motions | Months 6–8 |
| Trial | Months 8–12 |
| Final judgment | Month 12+ |
Discovery Phase
Discovery is where the parties gather the information needed to resolve or try the case: financial records, property information, witness lists, and expert reports. Complex financial cases can extend discovery well beyond four months.
Mediation Phase
Miami-Dade courts frequently order mediation before trial. Most contested cases settle — in whole or in part — through mediation. When mediation succeeds, the timeline shortens dramatically from trial toward resolution.
Trial and Judgment
If mediation fails, the case proceeds to trial. Trial scheduling depends on the court's calendar, and the trial itself may occur over one or more days. Judgment follows.
Factors That Affect Your Timeline
Children Involved
Cases involving minor children require a parenting plan. If parents agree on the plan, the impact on the timeline is minor. If parents dispute custody and time-sharing, the case can require evaluators, additional hearings, and substantially more time.
Complex Assets
Business valuation, professional practices, real estate holdings, and retirement plans add time through discovery and expert witnesses.
Spouse's Cooperation Level
An uncooperative spouse — slow to respond, evasive during discovery, resistant to mediation — extends every phase of the case.
Court's Schedule and Backlog
Miami-Dade County courts operate on a crowded docket. Hearing dates, mediation deadlines, and trial slots depend on judicial availability.
Expert Witnesses
Custody evaluations, forensic accounting, and property appraisals each add weeks to months, depending on expert availability.
How to Speed Up the Process
Use Mediation Early
The fastest path to resolution is agreement, and mediation is the most effective vehicle for it.
Organize Documents Early
Gather financial and property records before filing. Discovery that starts prepared finishes fast.
Be Responsive to Requests
Every delay in responding to discovery is time added to the timeline. Respond promptly.
Avoid Unnecessary Motions
Every motion means a hearing, and every hearing adds weeks. Litigating over minor issues slows the case for everyone.
Consider Simplified Dissolution
If your case qualifies — no minor children, no real property, limited agreement issues — Florida's simplified dissolution procedure can significantly shorten the process.
FAQ
Florida Divorce Timeline FAQs
What is the minimum time for a divorce in Florida?
20 days from the filing of the petition. No Florida divorce can be finalized before the 20-day period elapses, except through the narrow simplified dissolution procedure.
Can I get a divorce faster than 20 days?
No. Florida law sets a minimum 20-day waiting period. Even with full agreement, the court will not enter a final judgment before the period expires (with narrow statutory exceptions).
What if my spouse will not sign the divorce papers?
If your spouse fails or refuses to respond, the case moves from uncontested to contested. A default judgment may eventually be available, but the timeline extends substantially, generally to 6–18 months.
How long does an uncontested divorce take in Miami-Dade?
Typically 30 to 60 days from filing, assuming both parties agree and all documents are in order.
How long does a contested divorce take in Florida?
Simple contested cases generally conclude in 6 to 12 months. Complex cases with custody, business, or property disputes typically take 12 to 18 months or longer.
Does having children slow down the divorce?
Children can slow the case when the parenting plan is contested. An agreed parenting plan has little effect on the timeline; a disputed one can add months.
Can I speed up my divorce by giving up property?
You can resolve specific issues to reduce the contested scope, which shortens the case. Disposing of a disputed asset to reach agreement can meaningfully compress the timeline and the cost.
What is the Florida simplified dissolution procedure?
A streamlined divorce for couples who: are in a documented marriage, have no minor children from the marriage, agree there is no real property, and have resolved their financial agreement. It is faster and less expensive than the standard uncontested path.
These answers provide general information and are not legal advice. The appropriate approach depends on the facts of each matter.
Discuss your next step with a Miami family law attorney
These resources provide general information, not advice for a specific case. Granda & Associates can help you evaluate how Florida law applies to your circumstances.