This is one of the most frequent questions my new clients ask me. The answer is that it depends on a number of factors, but the average in my experience is six months from start to finish.

As a general rule, the simpler the divorce, the less time it takes.

The more complicated the divorce, the longer it will take. The quickest divorce is called an “uncontested divorce.” An uncontested divorce is where the parties have already reached a written agreement before they file the divorce case.

Another factor that determines how long the divorce will take includes the reasonableness of the parties (and their attorneys) in their settlement discussions. Parties going through a divorce are encouraged to attempt to settle their case. In fact, Florida law requires the parties to attend a mediation conference for the sole purpose of attempting to settle their case. It is only after the parties attend a mediation conference, and cannot resolve their case, that the case goes before the judge.

A third factor in determining the length of a divorce case, is the backlog of the court system. After a case is filed, has gone to the mediation conference, and the parties agree that the case is ready to be set for a trial, it can take several months to get in front of a judge to decide the issues that the parties are unable to resolve themselves.

With all this in mind, I have had cases that have been resolved as quickly as a matter of weeks and others than have dragged on for several years. If a person going through a divorce wants it over quickly, they should push hard for a quick mediation conference and be realistic in their expectations. Of course, sometimes there are very good reasons not to settle a case. Those are the cases that take longer and must be decided by the judge.

Peter M. Collins – Attorney at Law
Sarasota Divorce Attorneys