4 Ways to get a Fast Florida Divorce
4 Best ways to get a Fast Florida Divorce
1 – Mediate with your spouse prior to filing your divorce
What do mean? Try to work with your soon to be ex spouse and mediate an agreement. This is important because it will save you thousands of dollars in legal fees. For this to work all issues should be worked out among you. It’s a bit complicated when you have minor children but working together on your divorce will benefit the children and will avoid a lengthy divorce process.
2 – Prepare your own divorce forms
Fun fact; Florida divorce forms are available online for free. Head on to flcourts.org and follow the instructions. This can be a bit complicated but this is a very cost effective way to get your divorce quickly while saving money.
3 – Hire a document preparer
A Florida document preparer is not a paralegal since in the State of Florida paralegals can only work for attorneys while they call themselves paralegals. Document preparers may call themselves document assistants, legal assisstants and anything else within those lines. We recommend you interview the document preparer and get a feel for their experience and work history. A document preparer can make your Florida divorce process go faster because you will take away the guess work of completing your own forms.
4 – No court hearing divorce
Qualifications vary but if your divorce is in mutual agreement you can get a divorce without going to court at all. Also if it’s a simple (no children no assets) divorce but you do not know the whereabouts of your spouse you can also get a fast Florida divorce by having the court hearing waived. This saves a lot of time since you do not have to wait for a court hearing. Getting a divorce within 30 is not unusual. For more information on no court divorce click here.
Conclusion – a Fast Florida divorce is possible
Many people when they call they ask “how long will it take?” and the answer is always it depends.
There are different circumstances that may allow for a very quick divorce but not all situations are the same. While we strive to take care of things on our end quickly, in the end the judge in the case has the last word.
How to get a fast Florida divorce in a nutshell:
- Quickest Florida divorce – no court hearing in mutual agreement (simple, with property and/or children)
- Semi quick Florida divorce – no court hearing simple divorce by publication
- Slow – divorce by publication with court hearing
- Slowest – divorce by summons with court hearing
Florida has a way to waive the court hearing but not all types of divorces qualify for this benefit. Here is a list of the type of divorce that a quick Florida divorce can be obtained:
- Simple divorce in mutual agreement or by publication
- Divorce with property in mutual agreement
- Divorce with children in mutual agreement
A divorce in mutual agreement can be final within 30-45 days without a court hearing
A simple divorce by publication can be final within 2 months without a court hearing
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These types of divorce requires a hearing:
- Any divorce by summons (when the other party does not want to cooperate)
- A divorce by publication with children
- When there is property and it’s a divorce by publication
Why a divorce by summons is not a fast Florida divorce:
There are a few steps for this divorce that has a time element.
- Get the other party served – this adds about 1-2 weeks to the process
- Once the party is served – there is a 20 day waiting period to see if he/she will answer
- After the 20 days, more paperwork has to be filed. What paperwork needs to be filed will depend on what the respondent did. If he/she did not file an answer with the court then a motion for default and default paperwork needs to be filed and a hearing is requested. If the divorce is with children then most likely the judge will refer the case to mediation. After this there are other variables that will depend on the outcome of the divorce mediation session.
- There is a parenting class that must be filed prior to getting a final hearing.
- Finally a hearing will be scheduled with the judge which could take 1-2 months to obtain.
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Here is an infographic where the typical Florida divorce process by summons is shown.
Source: The Taylor Law Office
In general the quicker you get started the quicker you will obtain your divorce final judgement. A no-court divorce is the quickest way to get a divorce in Florida however that is not always available per your personal situation and needs.
Please contact an attorney for legal advice. This post is created for information purposes only based on content available through the Internet. We are document preparers and do not have knowledge of your rights or responsibilities.