How Long Does Divorce Take in Florida? The 20-Day Rule and Real Timelines

Last reviewed: October 5, 2026. This article is general information, not legal advice. Florida divorce rules come from Chapter 61 of the Florida Statutes and the Florida Family Law Rules of Procedure, and each circuit has local practices, so check with your county clerk or a Florida family lawyer.

If you're asking how long divorce takes in Florida, you're probably hoping for a date you can plan around. Florida does have one firm number, a minimum 20-day wait, but most of the timeline depends on which type of case you file and how much you and your spouse agree on. Here's how it works, step by step.

Short answer: A Florida judge can't sign a final judgment until at least 20 days after the petition is filed. A simplified or uncontested dissolution can often be finished once that period has passed and the court can fit in a final hearing. A contested case with disputes over children, support or property usually takes many months, sometimes more than a year.

Grounds: Florida is a no-fault state

Under Fla. Stat. 61.052, a court can dissolve a marriage if it is irretrievably broken, or if the other spouse has been adjudged mentally incapacitated for at least three years. You don't have to prove wrongdoing. If there are minor children, or if one spouse denies that the marriage is irretrievably broken, the court may order counseling, continue the case for up to three months to allow a chance at reconciliation, or take other action in the parties' best interest. That's one way a case can slow down.

Three ways a Florida divorce can go

1. Simplified dissolution of marriage

This is the most streamlined option. According to the Florida courts' instructions for Form 12.901(a), you can use it only if all of the following are true:

• you both agree the marriage can't be saved;
• you have no minor or dependent children together, the wife has no minor or dependent children born during the marriage, and the wife is not pregnant;
• you've agreed how to divide your assets and debts;
• neither of you is asking for alimony;
• you're both willing to give up your right to trial and appeal;
• you both sign the petition; and
• you both attend the final hearing together.

You file with the clerk of the circuit court in the county where you live, prove residency, pay the filing fee (or apply for indigent status), and then attend a final hearing where the judge can sign the final judgment.

2. Uncontested (regular) dissolution

If you have children or one of you wants alimony, you can't use the simplified process, but you can still have an uncontested case. You file a regular petition, exchange the financial disclosure the family law rules require, sign a marital settlement agreement and, if you have children, a parenting plan, complete the parenting course, and ask the court for a final hearing.

3. Contested dissolution

When you can't agree, the case goes through more steps: a response and possibly a counter-petition, temporary orders, financial disclosure and discovery, mediation (which courts often order before trial), and a trial if mediation doesn't settle everything. This is where most of the time goes.

The Florida divorce process, step by step

1. Check residency (six months for at least one spouse) and choose the right petition.
2. File the petition with the clerk of the circuit court and pay the fee, or apply for civil indigent status.
3. Serve your spouse, unless you're filing jointly in a simplified case. Your spouse then has a deadline, stated in the summons, to respond.
4. Exchange financial information and complete required forms.
5. Parents complete the parenting course within the deadlines in Fla. Stat. 61.21.
6. Mediate or settle, or prepare for trial if you can't.
7. Final hearing, no earlier than 20 days after the petition was filed, and the judge signs the final judgment.

What speeds up a Florida divorce

• Settling everything first, ideally in a written marital settlement agreement.
• Qualifying for simplified dissolution if you have no children and no alimony claims.
• Having your residency proof ready, such as a Florida license issued at least six months before filing.
• Completing the parenting course early if you have children.
• Filing complete, accurate forms so the clerk and judge don't send them back.

What slows it down

• Disputes over time-sharing, child support or alimony.
• Complex finances, including businesses and retirement accounts. Our guide on how an LLC is treated in a divorce explains why.
• One spouse denying the marriage is irretrievably broken, which can lead to a continuance of up to three months.
• Difficulty serving a spouse and busy court calendars, which vary by circuit.

If you have children, you may also find our articles on moving out of state with a child without a custody agreement and how long a temporary custody order lasts useful.

Other states: see how long a divorce takes in New Jersey, Ohio, Texas, California, New York, Georgia and North Carolina.

Sources

• Fla. Stat. 61.19, 20-day delay period: Florida Legislature
• Fla. Stat. 61.021, residence requirement: Florida Legislature
• Fla. Stat. 61.052, grounds for dissolution: Florida Legislature
• Fla. Stat. 61.21, parenting course: Florida Legislature
• Fla. Stat. 28.241, clerk filing fees: Florida Legislature
• Instructions for Form 12.901(a), Joint Petition for Simplified Dissolution of Marriage (06/25), Florida Courts: search "Form 12.901(a)" on flcourts.gov