How Long Does the Divorce Process Typically Take?

It varies, but in most cases, divorce takes at least three or four months.

At a minimum, the divorce process typically takes 20 days in Sarasota. That is the waiting period for a no-fault divorce in Florida. However, the only honest and direct answer to this question is “longer than you think.” Anyone who says otherwise, and especially someone who provides a time estimate, is either inexperienced or telling you what you want to hear. We can truthfully and accurately say that, in most cases, the divorce process has barely begun three weeks after a spouse files a petition.

The length of the divorce process is uncertain. But the role of a Sarasota family law attorney is certain. A lawyer thoroughly evaluates your case and lays out your legal options in language you can easily understand. Then, a lawyer works with you as a partner and works for the best possible resolution under the circumstances. In Florida, a divorce settlement addresses all aspects of a divorce, both financial and emotional.

Filing and Serving the Petition

We mentioned the waiting period requirement above. Other filing requirements apply as well, such as a residency requirement. Furthermore, the filing spouse cannot be legally married to anyone else. Furthermore, when the case is resolved, the female spouse must not be pregnant.

In most cases, service means placing a paper copy of the petition and any other relevant documents into the hands of the non-filing spouse. In lieu of personal service, electronic service via Facebook or another social media account may be possible.

Nail-and-mail service is a much more likely alternative. The sheriff, constable, or a private process server leaves a copy of the paperwork at the respondent’s (non-filing spouse’s) address and mails a copy to that address.

Other means of alternate service, such as service by running an ad in a newspaper, may be available if the respondent has completely skipped town.

In some cases, the divorce process stops at this point. The respondent signs off on the paperwork, and a judge signs an order after the waiting period expires. But almost all cases keep moving forward.

Temporary Hearing

Usually, a judge holds a temporary hearing about 14 days after the respondent is served. At this hearing, the judge sets important general ground rules. The judge also sets specific ground rules regarding the parenting time plan, child support, spousal support, and other important items.

Technically, the temporary orders expire the moment a judge signs a final divorce order. But temporary orders have an outsized effect on the outcome of the case. There is an old legal saying that possession is nine-tenths of the law. So, if a judge gives Mary temporary custody of the children, it is difficult for Joseph to reverse that finding.

Judges make important decisions at temporary hearings, even though not much evidence is available at this early stage. So, the advocacy and negotiation skills of a Sarasota family law attorney are extremely important for both petitioners (filing spouses) and respondents.

Resolution

Most divorce cases take several months to resolve, mostly because the emotional and financial issues are so complex. A social service investigation and lawsuit discovery help parties resolve these issues.

If parenting time is a contested issue, judges usually appoint social workers to investigate these matters. The social worker’s final report and recommendation are not legally binding, but they might as well be. During discovery, all parties must put their cards face up on the table. So, if someone was trying to conceal assets, a Sarasota family law attorney usually uncovers that deception during discovery.

Most divorces, especially divorces that involve children, settle out of court. An emotional courtroom showdown usually benefits no one. An agreed settlement, on the other hand, usually benefits everyone to some extent.

Reach Out to a Compassionate Sarasota County Attorney

The divorce process is often long and frustrating. For a confidential consultation with an experienced family law attorney in Sarasota, contact Carman & Finegan, P.A. The sooner you reach out to us, the sooner we start working for you.