How Long Does a Divorce Take in Miami-Dade?
Florida law sets a 20-day minimum from filing to final judgment. The realistic timeline depends on whether the case is contested, the complexity of the marital estate, and the local court’s calendar.
One of the first questions clients ask is, “How long is this going to take?” The honest answer is: it depends on a handful of factors, most of which can be assessed early. This article walks through the timing of a Florida divorce in Miami-Dade County, from filing to final judgment.
The 20-Day Minimum
Under Fla. Stat. § 61.19, no final judgment of dissolution can be entered until at least 20 days after the petition is filed. This statutory waiting period applies to every Florida divorce. Even an uncontested case where both spouses agree on every issue cannot finalize before day 21.
In practice, most uncontested cases take longer than 20 days — not because of the law, but because of court scheduling, document preparation, and the requirement to exchange financial disclosures.
Uncontested Divorce: 60–90 Days
An uncontested divorce is one where the parties agree on all issues: division of assets and debts, alimony (or no alimony), parenting plan and time-sharing if children are involved, and child support. With cooperation, an uncontested divorce in Miami-Dade typically finalizes in 60 to 90 days.
The timeline includes:
- Week 1–2: Drafting and filing the petition; service or waiver of service.
- Week 3–6: Mandatory financial affidavits and document exchange under Florida Family Law Rule 12.285.
- Week 6–10: Drafting the marital settlement agreement and parenting plan.
- Week 10–13: Final hearing scheduling and entry of final judgment.
If the parties use the simplified dissolution procedure (which requires no minor children, no alimony, no real property dispute, and full agreement), the timeline can be shorter — sometimes as quick as 30–45 days — but very few cases qualify.
Contested Divorce: 6–18 Months
A contested divorce involves disputes that the parties cannot resolve on their own — over assets, alimony, custody, or any combination. Most contested divorces in the 11th Judicial Circuit (which covers Miami-Dade) take 6 to 18 months to reach final judgment, and complex cases involving substantial assets, business valuations, or international issues can take longer.
The phases of a contested divorce typically include:
- Pleadings (1–2 months): Filing, service, and answer/counter-petition.
- Temporary relief (1–3 months): Interim orders for support, exclusive use of the marital home, and time-sharing while the case is pending.
- Discovery (3–9 months): Mandatory disclosure, interrogatories, requests for production, depositions, and expert valuations. This is the longest phase in most contested cases.
- Mediation (typically 4–9 months in): The 11th Judicial Circuit requires mediation in most contested family law cases. A meaningful percentage of cases settle here.
- Trial preparation and trial (if needed): When mediation does not resolve the case, the matter proceeds to trial — often 12–18 months from filing.
What Slows a Case Down
Several factors lengthen a divorce case:
- Business valuation. A closely held business often requires a forensic accountant or business valuator. Reports take months and are frequently disputed.
- Real estate appraisals. Multiple properties, vacation homes, or out-of-state real estate require coordinated appraisals.
- International assets. Foreign accounts, properties abroad, or non-U.S. spouses raise jurisdictional, disclosure, and tax issues.
- Hidden assets allegations. If one spouse alleges the other has hidden assets, additional forensic work is required.
- Custody disputes. Disputed parenting plans frequently involve guardians ad litem, parenting evaluations, or psychological testing — all of which add time.
- Aggressive litigation tactics. Excessive motions, refusal to comply with discovery, or a strategy of delay can stretch a case considerably.
What Can Speed Up a Case
Conversely, several factors shorten a divorce:
- Cooperation. Parties willing to work together — even when they disagree on some issues — can resolve a divorce in months rather than years.
- Early mediation. Voluntary mediation before extensive discovery can resolve issues efficiently.
- Complete financial disclosure up front. Producing financial documents early reduces discovery cycles.
- Realistic expectations. Knowing what Florida law actually allows (and does not allow) helps avoid prolonged disputes over unrealistic positions.
- Pre-existing marital agreements. A valid prenuptial or postnuptial agreement can resolve significant issues quickly.
Time and Cost Are Linked
The longer the case takes, the more it generally costs. Discovery, expert witnesses, depositions, and litigation all carry significant fees. Settling earlier — through negotiation, mediation, or collaborative law — almost always costs less than going to trial.
The Bottom Line
An uncontested Miami-Dade divorce typically finalizes in 60–90 days. A contested divorce typically takes 6–18 months. Complex high-net-worth cases can take longer. The single biggest variable is the parties’ willingness to resolve the issues without full trial.
If you are considering a divorce, an early consultation with a Miami-Dade family law attorney can help you understand the realistic timeline for your specific situation and develop a strategy that fits your goals.
Frequently Asked Questions
How long does a Florida divorce take from filing to final judgment?
Florida law requires a minimum of 20 days from filing before a final judgment can be entered. Uncontested divorces in Miami-Dade typically finalize in 60–90 days. Contested divorces typically take 6–18 months, and complex cases involving high-net-worth issues, business valuations, or contested custody can take longer.
What's the fastest way to get divorced in Florida?
The fastest path is the simplified dissolution procedure, available only when there are no minor children, no alimony claim, no real property dispute, and the parties agree on everything. When eligible, simplified dissolution can finalize in 30–45 days. Most divorces don't qualify; the next-fastest is a fully agreed uncontested divorce, typically 60–90 days.
Why does a contested divorce take so long?
Discovery is usually the longest phase. The parties must exchange financial documents, take depositions, retain experts (forensic accountants, business valuators, real estate appraisers), and resolve disputes about disclosure. Court scheduling, mediation, and trial preparation add further time.
Can I get divorced without going to court in Miami-Dade?
Most uncontested divorces are finalized at a brief final hearing where the petitioner appears before a judge for a few minutes. Contested divorces require multiple court appearances. Mediation, which is required in most contested cases, is conducted privately and not in court.
Speak with a Miami Family Law Attorney
Pazos Law Group offers confidential consultations for divorce and family law matters in Miami-Dade and surrounding counties.
Schedule a Confidential ConsultationThe information on this page is for general informational purposes only and does not constitute legal advice. Reading or sharing this content does not create an attorney-client relationship with Pazos Law Group. Florida law and the application of statutes change over time; please consult a licensed Florida attorney about your specific situation.