While an uncontested case may be wrapped up in only a few weeks, since there are no issues for the court to decide, a contested case may take up to a year or longer. Most divorces in Central Florida fall somewhere in between these extremes.
In order to file a divorce petition in Orlando, either you or your spouse must have been a Florida resident for at least six months. Unlike in some other states, there is no requirement that you resided in a certain county for a certain period of time. If you do not meet the residency requirement, you’ll have to wait until the six months expire. If you try to file early, the court will throw out the case and you’ll have to start all over.
After the divorce is filed, there is a minimum 20 day waiting period before the judge can dissolve your marriage, unless there is a compelling reasonto waive that restriction.
The Two Tracks
As mentioned earlier, Florida divorces are either contested or uncontested.
In an uncontested divorce, the spouse is seeking a no-fault dissolution because the marriage is “irretrievably broken”. If your spouse does not argue that the marriage is worth saving, the matter automatically proceeds.
That same thing may not apply in contested divorces. If there are minor children, or if the non-filing spouse argues that the marriage may be saved, the judge may order the parties to counselling and put the matter on hold for up to 90 days.
Contact us for a divorce consultation.