In mediation, you and your spouse will meet with a neutral third party whose role is to facilitate discussion, rather than to advocate for either party and to assist you and your spouse in the pursuit of an amicable resolution. Mediation has been shown to not only assist in negotiation, but to save couples time and money by avoiding a court hearing. Mediation is not required for those who are victims of domestic violence. Litigation — In the event that you are unable to resolve the issues in your divorce through mediation or other out-of-court negotiation strategies, it will be necessary to go to court for a trial.
This is called a contested final hearing, where both parties will have the opportunity to introduce evidence and witnesses to convince the judge to rule in their favor. If applicable, parenting plans will be approved or created by the judge if minor children are involved. While you and your spouse can create a parenting plan prior to the trial, the court will ultimately decide on what is in the best interests of the child.
Some aspects that a parenting plan must include are: how each parent will share daily tasks involved in raising the child ren a schedule that details time-sharing who will be the primary decision maker for issues regarding healthcare, schooling, religion, etc.
How You Can Speed Up The Process There is no way to predict with accuracy exactly how long your divorce will take, given that some divorces are more complex than others. One-On-One Attention. Recommended by Clients and Colleagues. Exclusively Focused on Family Law. Nearly 20 Years of Experience. Anne E. Raduns Attorney View Profile. First Name Please enter your first name. Last Name Please enter your last name. Phone Please enter your phone number. This isn't a valid phone number.
Email Please enter your email address. This isn't a valid email address. Yes, I am a potential new client No, I'm a current existing client I'm neither. Filing for divorce is often portrayed as a long legal matter with lawyers for both sides fighting in the courts. However, divorces can be conducted without attorneys involved as long as both parties are able to agree to the terms of the divorce.
Florida divorce law provides a process called a 'Simplified Dissolution of Marriage. This does have some requirements that must be met, however. In addition to both parties agreeing to this process, the couple must not have any children under 18 or dependent children, the wife must not be pregnant, and no alimony can be involved. At least one of the people involved must have lived in Florida for the last six months, and both parties must agree fully to the terms of the divorce and that the marriage is irretrievably broken.
This process also eliminates both parties' rights to a trial and appeals. The first step is to make sure your marriage qualifies for divorce in Florida. The state is one of many that has removed fault as a necessary grounds for divorce. The parties always attend mediation because it is a requirement in almost every court in the State of Florida.
Each and every step may take significantly longer because both sides conduct a more intensive, more exacting process. The financial disclosure requests are almost always longer; more detailed, and go back more years. Both sides may decide to return to court multiple times to enforce disclosure requests.
Both sides may decide to refuse disclosure requests though specialized court hearings. The entire process is contentious and expensive. Delay is common and sometimes used as a strategic weapon. When either side conducts a deposition it is usually as sign the case is high conflict.
It is also a reliable indicator the divorce case will be extended in length — far past the ordinary case. Depositions are an out of court proceeding where each attorney asks questions and a court reporter types everything down. Each deposition can consume significant time and money. The final trial in a divorce case can last anywhere between 4 hours and 2 weeks.
The most typical trials are one day in length. While a divorce trial only lasts one day — the preparation and lead in to a trial can take up to a year. But the typical prep and lead in to a one-day trial is approximately 5 months. Most judges desire to move their cases along to their ultimate conclusion. But the large variety of procedures, variations in courts, and personal preferences of judges bring a huge variation to the average length of Florida divorces. Based on the experience of the attorneys at Ayo and Iken, the overall average time it takes to get a divorce in Florida is 6 months.
Amazing Attorney — Crystal is very professional, intelligent, and down to earth. She is truly an Amazing Attorney. She will do whatever it takes to complete your case. From beginning to end she never stopped fighting, or disappointed me in any way.
During my divorce case, she taught me alot. And when young children are affected…. Anonymous — Avvo. Contact Information. Free Consultation is limited to individuals considering hiring an attorney. Not all situations qualify. Fee charged for appellate case evaluations.
Quick Info: How long does a divorce take in Florida? Keep in mind the generalizations shown are only for Florida divorce courts: Uncontested Case: An uncontested divorce case is defined as a situation where both spouses are in complete agreement on every single detail. That involves a private process server personally delivering the documents to the. First Name. Last Name required. Email required. Short Optional Note. Or email message to:.
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