
Florida Divorce Basic Roadmap / Timeline

Below is a timeline of a “basic” Florida divorce from start to finish. This is not for a simplified dissolution of marriage case, which is treated differently. It does not take into consideration the many issues that could arise relating to minor children, spousal support or property. As mentioned throughout the firm’s website, each and every case is unique, so you can expect certain deadlines to be extended or reduced by agreement of the parties, depending on the case. The roadmap/timeline is basic and does not include all the other forms that are required to be filed in a dissolution of marriage case. For example, if there are minor children of the marriage, a UCCJEA Affidavit must be completed and filed. If alimony is a possible issue in the case, a Notice of Social Security Number and a Notice of Confidential Information within Court Filing must be completed and filed. As it relates to a divorce of a marriage where there are minor children, the parties are typically required to complete a 4-hour Parent Education and Family Stabilization Course. The above are only a few examples of the additional basic forms that may need to be filed.
Deciding to Pursue a Divorce
During this time, a spouse is deciding whether to seek a divorce because the marriage is breaking apart.
Searching for a Divorce Attorney to initiate the proceedings in Florida
Once a spouse has decided he or she wants a divorce, seeking legal representation is the next step.
Initiating the Dissolution of Marriage Proceedings
After retaining counsel to represent you in a divorce and the attorney has determined you meet the jurisidictional requirements of Florida, a petition for dissolution of marriage is filed, typically in the county you and your spouse reside in Florida. The date of filing is significant for purposes of Equitable Distribution under section 61.075, Florida Statutes (2026).
Answer and Counterpetition for Dissolution of Marriage
After a spouse has been served with a petition for dissolution of marriage, unless a motion for extension of time is filed, he or she is required to file an Answer within 20 days from being served. Depending on the facts of the case, a Counterpetition may also need to be filed to seek specific relief.
Answer to a Counterpetition for Dissolution of Marriage
In the event the Respondent files a counterpetition with his or her answer, the petitioner is required to file an answer to the counterpetition within 20 days of being served the counterpetition. At this point, the parties’ respective attorneys are utilizing Florida Courts E-Filing Portal to serve documents after the initial service of process..
The requirement to complete Mandatory Disclosure is triggered upon Service of Process.
While an Answer and possibly a Counterpetition is being served, Fla. Fam. L. R. P. 12.285(b)(2) still requires that within forty-five (45) days of service of the initial pleading (in the case of a divorce a petition for dissolution of marriage), the parties are required to exchange the required documents under the rule. Fla. Fam. L. R. P. 12.285(e) lists the required documents that need to be exchanged and a Certificate of Compliance with Mandatory Disclosure will need to be filed with the court. A blank sample Certificate of Compliance with Mandatory Disclosure is provided in the link above.
Included in Mandatory Disclosure is the requirement to complete and file Florida Law Financial Affidavit. There are two types of Florida Law Financial Affidavits: Long Form and Short Form. Because our firm’s cases always involve the Long Form, a blank sample of the Florida Family Law Financial Affidavit (Long Form) is provided.
Additional Discovery
In addition to Mandatory Disclosure, it is not unusual for a party to also serve on the other party Florida Standard Family Law Interrogatories. Many attorneys also serve the other side with a Request for Production that is more thorough than Mandatory Disclosure. Responses to these requests are typically due within 30 days of service.
Discovery is typically the most time consuming part of the divorce. The above doesn’t include, if needed, depositions of parties, request for admissions, and subpoenas duces tecum directed at non-parties.
Temporary Relief
In many cases, one spouse may seek temporary relief from the court. For example, the spouse that earns substantially less may seek temporary support, a time sharing schedule (if there are children) and attorney’s fees pendente lite. A motion seeking temporary relief needs to be filed. Occassionally, there are some attorneys who file the motion with the petition or counterpetition.
Mediation
The judicial circuits in Florida typically require the parties to attend at least one mediation prior to trial. Many judicial circuits require the parties to attend mediation prior to temporary relief and another mediation before trial.
Uncontested Final Hearing or proceed to Trial
If the parties enter into a Marital Settlement Agreement (“MSA”) that resolves all issues in their divorce, then the MSA is typically filed and the parties appear at 5-minute uncontested final hearing so that the Court incorporates the MSA into the Final Judgment of Dissolution of Marriage.
However, if the parties are unable to resolve all the issues of their divorce, then a trial is scheduled. The length of time to complete a divorce trial depends on the complexity of the issues. If substantial assets are in dispute, such as a privately held company with 200 employees that was created by both parties during the marriage, the trial may last a few weeks. However, with a typical divorce with a small business, it could take 1 to 2 days if the parties expect to call on experts to testify, such as forensic accountants, vocational experts, etc.
It should be apparent to anyone reviewing this basic roadmap/timeline that the divorce process is not easy. Most people do not realize the time and expense involved in a divorce. In preparing for trial alone, an attorney may spend many hours, days, or even weeks organizing exhibits and preparing outlines of questions to ask of witnesses expected to testify. This does not include, if required, drafting motions to be heard prior to trial. In many court divisions, attorneys are also expected to draft and submit their proposed final judgments within 5 days following the conclusion of trial so the Judge can review and make his or her changes. These proposed final judgments are fact-intensive and must be consistent with the evidence introduced at trial. Most people do not realize that there is a cost for a court reporter to appear at hearings and trials. Naturally, the professionals, who do this for a living, expect to be paid for their time regardless of the outcome. Therefore, the parties’ goal in a divorce should be to reach a settlement with the assistance of their respective attorneys to limit costs, unless one party’s expectations are so distorted or unreasonable that it becomes impossible to reach an agreement. In the latter scenario, the divorce can be costly, especially if one party appeals the trial Court’s Final Judgment.
