No matter how amicable a divorce is, most of the time, people are eager to move past them and start anew. Unfortunately, it may seem like there’s no guaranteed time limit, and in some cases, the divorce process may drag on and on.
While there is no set time limit for how long a divorce may take or what is involved, there are rough estimates and approximations. Depending on whether or not a divorce is contested will have a direct impact on both of these. In this case, we’ll look specifically at the Orlando uncontested divorce process: how long it may take and what is typically involved.
How Long Does the Uncontested Divorce Process Usually Take?
An uncontested divorce is when both spouses agree on every aspect of the divorce: child custody and care, asset division, liabilities, tax exemptions, and all of the fine print. As such, uncontested divorces are typically the fastest to resolve.
Both spouses must sign and cooperate to file paperwork together to file an uncontested divorce. This can be done with an attorney in order to stick to a set timeline. You will still have a court hearing, but you can expect to get a court date sooner since preparing the case takes much less time.
Although the actual process may take more time, uncontested divorces can generally be completed within four months. This includes the process of filing your case. After your case is prepared and filed, you can expect to wait anywhere between four to six weeks before your divorce is fully closed. This, of course, depends on court date availability and your state’s laws.
In Florida, you’re required to wait 20 days after the initial filing before you can go to court. As there may not be a court date immediately available, this 20 day time frame can vary greatly.
Uncontrollable aspects may mean your divorce takes longer. For example, if there are no available court dates for several months, then you’ll have to wait until the soonest available date. If you or your spouse is an overseas military member that will have to call into the court through a notary, you may face additional delays.
What is Involved in an Uncontested Divorce in Florida?
Although uncontested divorces may sound simple, there can be complicated consequences if they aren’t handled correctly from the beginning. There is still plenty of paperwork to complete and a strict legal process to follow.
When filing an uncontested divorce, you will first have to fill out a petition. This informs the court and both spouses of what is expected in the divorce and all relevant information. Once the petition has been filled out, you’ll need to file it with the court clerk in the county where you live. Finally, you’ll have to pay a filing fee.
Now that the petition has been filed, it will be officially sent to your spouse along with a summons. They’ll be expected to respond through either a private server or the sheriff’s office within 20 days, but you can skip this step if your spouse signs an “Acceptance and Waiver of Service by Process of Sheriff”.
Should your spouse not sign the waiver or respond to the summons within 20 days, the court will default and proceed with the divorce without your spouse.
There is a lot of paperwork and set regulations for filing an uncontested divorce which means having an attorney to guide you through it all can make the process easier.
Even if you and your spouse are able to sit together and decide every aspect of the divorce together, having an attorney look over the final document before filing it can prevent you from accidentally missing something and further complicating the divorce process.
Conclusion
Uncontested divorces take the least amount of time and are typically much less stressful for all parties involved. It will still take several weeks to close an uncontested divorce, though, so don’t expect to file the paperwork and be done within days. You should still expect the process as a whole to take time, but with an attorney to guide you, the process will be smooth and painless.
Emily A. Konicek brings 14 years of experience to your family law concerns. Emily excels at mediation, negotiation and litigation, and can help you pursue a course of action that helps you meet your goals for the future and for your family.
