Most people preparing for divorce want to end the process as quickly as they can. Some people are so eager to move on with their lives that they agree to unnecessary concessions during negotiations just to rush through the process as quickly as possible.
Even when both spouses hope to end the marriage quickly, the divorce process is likely to take at least a month, if not longer. While spouses might have a prenuptial agreement or a settlement for major financial matters already in place, they must fulfill the statutory waiting period as mandated by state law.
How long must spouses wait to proceed?
The divorce process officially begins when one spouse files a petition with the courts. Next, they must serve official documents to their spouse. The served spouse has an opportunity to respond, and their response determines whether the process moves forward as an uncontested divorce or as a litigated divorce.
After filing the petition with the courts, there is a mandatory 20-day waiting period that applies under Florida state statutes. Even when spouses have already set terms for the divorce, they generally need to wait at least 20 days from the day of filing unless the courts agree to deviate from the requirement established by the state.
To achieve that, the spouses must convince the courts that the delay could cause an injustice. Most couples, even those eager to move on with their lives as quickly as possible, may struggle to convince the courts that speeding up a 20-day waiting period is necessary.
Reviewing marital circumstances with an experienced Florida divorce attorney can help people understand the process ahead. Spouses who know the law and the guidelines for court procedures are less likely to make unrealistic demands or set unachievable goals.
