How Long Does A Divorce Take In Florida With Children? Timeline Shocks Most Parents

Florida divorces with children take 4-6 months minimum for uncontested cases and 9-18 months for contested custody disputes. Florida Statute § 61.19 mandates a 20-day waiting period after filing, but parenting plan creation, mandatory 4-hour Parent Education classes, child custody mediation requirements, financial disclosure deadlines (45 days), and timesharing negotiations significantly extend timelines—with high-conflict custody battles stretching beyond two years when experts, evaluations, or trials become necessary.

What Is the Typical Timeline for Florida Divorces With Children?

Florida divorce duration when minors are involved depends entirely on whether parents agree on custody arrangements, timesharing schedules, and parental responsibility.

Uncontested divorces with children: 4-6 months when both parents cooperate on parenting plans and child support calculations.

Contested divorces with custody disputes: 9-18 months for moderate disagreements requiring mediation and negotiation.

High-conflict custody litigation: 18-36+ months when cases involve Guardian ad Litem investigations, psychological evaluations, domestic violence allegations, relocation disputes, or full trials.

The critical difference: parenting-related issues add 3-6 months minimum compared to childless divorces due to mandatory parenting classes, detailed parenting plan requirements, and court focus on best interests of the child determinations.

Florida’s Mandatory 20-Day Waiting Period Explained

Florida Statute § 61.19 requires a minimum 20-day waiting period from petition filing until final judgment, regardless of whether children are involved.

This cooling-off period theoretically allows reconciliation attempts, but practically functions as administrative processing time for:

Service of process on the respondent spouse
Respondent’s 20-day window to file an answer
Initial case management and court scheduling

Important clarification: The 20-day minimum applies to all divorces, but divorces involving children virtually never finalize in 20 days due to additional procedural requirements specific to custody determinations.

Can the Waiting Period Be Waived?

Courts rarely grant waivers except for:

Immediate safety threats or domestic violence
Terminal illness of a spouse
Military deployment creating urgent timeline needs

Even with waiver approval, mandatory parenting class completion and parenting plan submission requirements remain, preventing ultra-fast divorce finalization when children are involved.

How Long Does a Divorce Take in Florida With Children? Timeline Shocks Most Parents

Factors That Extend Florida Divorce Timelines With Children

1. Mandatory Parent Education and Family Stabilization Course

Florida Statute § 61.21 requires both parents to complete a 4-hour state-approved parenting class before final judgment when minor children are involved.

The course covers:

Impact of divorce on children at different ages
Co-parenting communication strategies
Conflict resolution without involving children
Florida timesharing and parental responsibility concepts

Timeline impact: Most parents complete this within 2-4 weeks of filing, but procrastination or scheduling conflicts can delay final hearings by months. Courts will not finalize divorces until both parents provide certificates of completion.

2. Parenting Plan Creation and Negotiation

Florida law requires detailed parenting plans addressing:

Timesharing schedule: Specific calendar showing when children are with each parent, including weekdays, weekends, holidays, school breaks, and summer vacation.

Decision-making authority: Educational choices, healthcare decisions, religious upbringing, extracurricular activities.

Communication methods: How parents will share information about children’s welfare, school performance, medical issues.

Dispute resolution: Procedures for handling disagreements without returning to court.

Relocation provisions: Restrictions on moving more than 50 miles from current residence.

Creating comprehensive parenting plans typically requires 4-8 weeks of negotiation, multiple drafts, and attorney review before submission to the court.

3. Financial Disclosure Requirements

Florida Family Law Rule 12.285 mandates detailed financial affidavits within 45 days of petition service for calculating:

Child support obligations under Florida Statutes § 61.30
Healthcare and childcare expense allocation
Tax exemption assignment
Life insurance requirements

Timeline reality: The 45-day deadline is frequently missed, with courts granting extensions when business valuations, retirement account appraisals, or complex income documentation is needed—adding 2-6 months to contested cases.

4. Mandatory Mediation Requirements

Most Florida counties require mediation before trial in contested custody cases. Mediation sessions typically occur 4-6 months after filing.

Hillsborough and Pinellas County Administrative Orders S-2009-107 & 2011-006 PA/PI-CIR automatically send all post-filing custody disputes to mediation before judges will hear motions.

Mediation advantages:

Resolves 60-70% of custody disputes without trial
Costs $150-$400 per session vs. $15,000-$50,000 for trial
Parents control outcome rather than judge imposing decisions

Mediation delays: Scheduling can take 6-12 weeks due to mediator availability, and multiple sessions (2-4) are common for complex custody arrangements, adding 3-6 months.

5. Guardian ad Litem Investigations

In high-conflict custody cases, courts appoint Guardians ad Litem (GAL) under Florida Statute § 61.403 to investigate and advocate for children’s best interests.

GAL investigations involve:

Home visits with both parents
Interviews with children (age-appropriate)
School and medical records review
Reference interviews (teachers, therapists, family members)
Written reports with custody recommendations

Timeline impact: GAL investigations require 3-6 months minimum, with complex cases involving abuse allegations or special needs children extending 6-12 months.

6. Psychological Evaluations and Expert Witnesses

Courts may order psychological evaluations when:

Mental health concerns affect parenting capacity
Substance abuse allegations exist
Children show signs of emotional distress
Parental alienation is suspected

Evaluations cost $3,000-$10,000 and require 8-16 weeks to complete, including multiple interviews, psychological testing, report writing, and potential testimony preparation.

Contested vs. Uncontested Divorces With Children: Timeline Differences

Uncontested Divorce Timeline With Children

Month 1:

File Petition for Dissolution of Marriage
Serve spouse
Begin Parent Education class enrollment
Exchange preliminary financial information

Month 2:

Respondent files answer (or waives formal response)
Both parents complete parenting classes
Draft parenting plan collaboratively
Complete financial affidavits

Month 3:

Submit agreed parenting plan to court
File Marital Settlement Agreement
Calculate child support worksheet
Schedule final hearing (if required) or submit for uncontested judgment

Month 4:

Final hearing or judge signs final judgment
Divorce finalized

Realistic uncontested timeline with children: 4-6 months

Contested Divorce Timeline With Children

Months 1-2:

Petition filing and service
Answer and counter-petition
Temporary timesharing and support motions
Emergency hearings if necessary

Months 3-4:

Financial disclosure exchange
Parent Education class completion
Initial mediation attempts
Discovery requests (interrogatories, document production)

Months 5-7:

Court-ordered mediation sessions
Guardian ad Litem appointment and investigation (if ordered)
Psychological evaluations (if ordered)
Subpoenas for school, medical, employment records

Months 8-12:

GAL report submitted to court
Expert witness depositions
Pre-trial conference
Final settlement negotiations

Months 12-18:

Trial preparation
Final trial (often 2-5 days for complex custody cases)
Post-trial motions
Final judgment entry

Realistic contested custody timeline: 9-18 months minimum, 24-36+ months for high-conflict cases

How Child Custody Affects Divorce Duration in Florida

Florida Statutes § 61.13 requires courts to determine parental responsibility and timesharing based on best interests of the child, considering 20+ statutory factors including:

Moral fitness of parents
Mental and physical health
Home environment stability
School and community record of the child
Reasonable preference of the child (if sufficiently intelligent and understanding)
Evidence of domestic violence, child abuse, or neglect
Each parent’s capacity to maintain a relationship with the child
Each parent’s willingness to facilitate the other parent’s relationship with the child

The more factors in dispute, the longer the divorce takes. Simple agreement that 50/50 timesharing serves the child’s best interests can finalize in months. Bitter disputes over every decision-making authority require extensive litigation extending beyond a year.

Florida’s 2023-2025 Shift Toward Equal Timesharing

Florida Senate Bill 1416 (effective July 1, 2023) created a rebuttable presumption that equal timesharing (50/50 split) is in the child’s best interests.

Impact on divorce timelines:

Shortened negotiations when both parents accept equal timesharing starting point
Increased litigation when one parent opposes equal division, requiring substantial evidence that equal timesharing would harm the child
More expert testimony needed to rebut the presumption

The Role of Mediation in Florida Divorce Timelines

Florida’s emphasis on mediation significantly affects timeline patterns.

Successful mediation outcomes:

65-75% settlement rate for custody disputes
Average 4-6 mediation sessions before agreement
Saves 6-12 months compared to trial

Mediation failures:

Remaining 25-35% proceed to trial
Adds 3-6 months for trial preparation
Trial scheduling backlogs extend timeline 4-8 additional months

Miami-Dade, Broward, and Palm Beach Counties experience longest mediation-to-trial delays due to court congestion, with 12-18 month waits for trial dates in complex custody cases.

Can You Speed Up a Florida Divorce With Children?

Strategies to Minimize Timeline

Pre-filing preparation: Draft parenting plan proposals, gather financial documents, and complete Parent Education class before filing—saves 4-8 weeks.

Immediate cooperation: If both parents complete classes and submit agreed parenting plans within 60 days of filing, uncontested divorces can finalize in 3-4 months.

Early mediation: Don’t wait for court-ordered mediation—private mediation immediately after filing can resolve disputes before they escalate, saving 6+ months.

Collaborative divorce process: Florida Statutes § 61.55-61.58 authorize Collaborative Family Law Process where both parents and their attorneys contractually commit to settlement without court intervention—averages 5-8 months with children involved.

Simplified dissolution is not available with minor children under Florida Statute § 61.052, eliminating the fastest divorce option (30 days) when kids are involved.

Why Most Parents Can’t Speed Up the Process

Even with perfect cooperation, procedural requirements create minimum timelines:

20-day mandatory waiting period
45-day financial disclosure deadline
4-hour Parent Education class (plus scheduling time)
Parenting plan preparation and court review
Final hearing scheduling (courts booked 4-8 weeks out even for uncontested cases)

Absolute minimum Florida divorce timeline with children: 3-4 months in perfect circumstances

State-Specific Florida Requirements That Affect Timeline

Residency Requirements

Florida Statute § 61.021 requires at least one spouse to have been a Florida resident for six consecutive months before filing for divorce.

Timeline impact: If you recently moved to Florida, you must wait to establish residency before filing, delaying the process start by weeks or months.

Jurisdiction for Child Custody

Florida has adopted the Uniform Child Custody Jurisdiction and Enforcement Act (UCCJEA) under Florida Statute § 61.514.

Florida courts have jurisdiction when:

Child has lived in Florida for six consecutive months before filing (or since birth if under six months old)
Florida is the child’s “home state”

Jurisdictional disputes with other states can add 6-12 months to divorce timelines when:

Child recently moved to Florida from another state
Other parent files in different state simultaneously
Existing custody orders from other states require modification

Mandatory Parenting Coordinator Programs

Some Florida counties offer (or require) Parenting Coordinator services for high-conflict cases—neutral professionals who help implement parenting plans and resolve day-to-day disputes.

Broward County’s Parenting Coordinator program has reduced post-judgment modification filings by 40%, but initial implementation adds 2-3 months to divorce timelines for coordinator selection and orientation.

Hidden Delays in Florida Divorces With Children

Court Scheduling Backlogs

Florida’s family court system faces significant congestion:

Miami-Dade County: 12-18 month average wait for custody trial dates Orange County (Orlando): 9-14 months for contested custody trials
Hillsborough County (Tampa): 8-12 months trial scheduling Smaller counties: 6-9 months but fewer mediation resources

Relocation Disputes

Florida Statute § 61.13001 requires formal relocation petitions when a parent wants to move more than 50 miles with the child.

Relocation litigation adds:

3-6 months for evidentiary hearings
Requires proof of legitimate purpose for relocation
Analysis of impact on timesharing and child’s life
Often triggers GAL appointments and evaluations

In Burgess v. Burgess (Florida 2nd DCA 2024), relocation disputes extended divorce finalization by 14 months beyond initial estimated timeline.

Domestic Violence Allegations

When domestic violence injunctions are filed during divorce:

Immediate temporary timesharing modifications
Extended investigations and hearings
Possible supervised visitation requirements
Criminal proceedings running parallel to divorce

Timeline impact: Domestic violence components routinely add 8-18 months as courts prioritize child safety over expedient finalization.

Special Needs Children

Divorces involving children with disabilities, medical conditions, or educational needs require:

Expert testimony on specialized care requirements
Detailed medical expense allocation
Special education decision-making authority determinations
Therapy and treatment coordination procedures

These cases average 15-24 months due to complexity of parenting plan provisions needed for adequate child care.

Recent Changes to Florida Divorce Laws Affecting Timeline

2024 Alimony Reform Impact on Cases With Children

Florida’s 2023 alimony reform (effective July 1, 2023) eliminated permanent alimony and created defined durational limits.

Timeline effects:

Shortened alimony litigation in divorces with children
More focus on child support as primary financial issue
Clearer guidelines reduce negotiation time by 2-4 months

2025 Custody Law Emphasis on Co-Parenting

Florida’s 2025 family law updates strengthen co-parenting requirements and equal timesharing presumptions.

Timeline impact:

Cases accepting 50/50 timesharing finalize faster (3-4 months saved)
Cases fighting equal timesharing take longer due to heavier burden of proof requirements
Increased focus on communication protocols adds detail to parenting plans (2-3 weeks extra drafting time)

Enhanced Financial Disclosure Requirements

2024 rule amendments require detailed financial records within 45 days including:

Three years of tax returns (previously two years)
Detailed expense affidavits including child-related costs
Childcare cost documentation
Healthcare expense histories

Timeline impact: More thorough disclosure prevents later disputes but requires additional preparation time, balancing out to neutral effect on well-organized cases while delaying cases with complex finances by 1-2 months.

What Legal Experts Say About Florida Divorce Timelines With Children

Miami family law attorney Sergio Panchello observes: “The equal timesharing presumption has created a bifurcated effect—parents who accept 50/50 get divorced faster than ever, but parents fighting it face longer, more expensive litigation as they need substantial evidence to overcome the presumption.”

Tampa divorce mediator Jennifer Schulte notes: “Parenting class completion is the single biggest preventable delay. Parents who knock out the 4-hour class within the first month save themselves 2-3 months on the back end when courts won’t schedule final hearings without proof of completion.”

Jacksonville Guardian ad Litem supervisor David Chen states: “GAL investigations are thorough by design. Parents frustrated by 4-6 month investigation timelines should understand that comprehensive assessments prevent hasty custody decisions that could require modification within a year—ultimately saving time.”

Orlando family law judge Patricia Williams explains: “We encourage early mediation because trial dockets are backed up 12-18 months in Central Florida. Parents who mediate successfully finalize in 4-6 months. Parents who refuse mediation wait a year-plus for their day in court.”

What Happens During Each Stage of a Florida Divorce With Children

Stage 1: Filing and Service (Weeks 1-4)

Draft and file Petition for Dissolution of Marriage
Pay filing fees ($409 in most Florida counties)
Serve petition on spouse via process server or sheriff
Respondent has 20 days to file answer
File temporary timesharing motions if immediate arrangements needed

Stage 2: Temporary Orders (Months 1-2)

Emergency hearings for temporary custody if parents can’t agree
Temporary child support and timesharing orders
Status quo maintenance pending final resolution
Both parents enroll in Parent Education classes

Stage 3: Financial Disclosure and Discovery (Months 2-4)

Exchange financial affidavits (45-day deadline)
Provide bank statements, tax returns, pay stubs
Complete child support guidelines worksheet
Discovery requests for hidden assets or income (if contested)
Document requests for school records, medical records, childcare costs

Stage 4: Parenting Plan Development (Months 3-5)

Draft detailed timesharing schedule
Negotiate decision-making authority
Determine holiday and vacation time allocation
Address relocation restrictions
Create communication protocols

Stage 5: Mediation (Months 4-7)

Attend court-ordered or private mediation sessions
Negotiate settlement on all parenting and financial issues
Reach partial or full agreement
Submit settlement agreement to court for approval
Schedule final hearing if agreement reached

Stage 6: Trial Preparation (Months 8-12, if no settlement)

GAL investigation and report
Psychological evaluations if ordered
Expert witness preparation
Witness lists and evidence exchange
Pre-trial motions and conferences

Stage 7: Trial (Months 12-18)

2-5 day trials typical for contested custody cases
Witness testimony (parents, experts, character witnesses)
Evidence presentation
Judge issues ruling (may take 2-4 weeks for written order)

Stage 8: Final Judgment (Final month)

Judge signs final judgment dissolving marriage
Parenting plan becomes enforceable court order
Child support obligations begin
Timesharing schedule takes effect

What This Means for Florida Divorcing Parents

For Primary Caregiving Parents

You cannot assume that historical caregiving automatically results in majority timesharing. Florida’s equal timesharing presumption requires evidence that 50/50 split would harm the child.

Strategic timeline considerations:

Document your caregiving involvement immediately (school pickups, doctor appointments, homework help)
Gather evidence of children’s routines and stability needs
Consider early mediation to negotiate departures from 50/50 if appropriate
Budget 12-18 months minimum if contesting equal timesharing

For Non-Primary Parents Seeking Equal Time

The law now favors your position—use it strategically.

Timeline optimization:

Propose specific, detailed 50/50 timesharing schedule in initial filings
Complete Parent Education class immediately to show commitment
Document your parenting involvement and capability
Accept mediation early—you have statutory presumption supporting you

For Parents Facing Relocation Issues

If you need to move more than 50 miles or if your spouse plans to relocate:

File relocation petition immediately (Florida Statute § 61.13001)
Understand relocation litigation adds 6-12 months minimum
Gather evidence showing relocation serves child’s best interests
Consider compromises on timesharing schedule to facilitate agreement

For High-Conflict Situations

If significant disagreements exist on multiple custody issues:

Budget 18-24 months and $25,000-$75,000 in legal fees
Consider early Guardian ad Litem appointment to provide neutral assessment
Use parenting coordinators to resolve day-to-day disputes
Document everything—communications, parenting time, financial contributions

Timeline of Florida Divorce Law Changes Affecting Children

Pre-2008: Traditional “custody” terminology; preference for primary custodial parent with visitation schedules.

2008 (Florida Statute § 61.13 amendment): Eliminated “custody” terminology; implemented “parental responsibility” and “timesharing” concepts; no presumption for or against equal timesharing.

2015: Mandatory mediation expansion in most Florida counties for contested custody cases.

2016 (Florida Supreme Court UCCJEA adoption): Strengthened interstate custody jurisdiction procedures; reduced multi-state litigation.

2023 (SB 1416 effective July 1, 2023): Created rebuttable presumption that equal timesharing is in child’s best interests; eliminated permanent alimony which previously extended divorces with children due to combined alimony-custody negotiations.

2024-2025 Updates: Enhanced financial disclosure requirements specifically for child-related expenses; encouraged co-parenting plans with detailed communication protocols; expanded parenting coordinator programs in high-conflict cases.

Trend observation: Legislative and judicial emphasis has shifted toward equal parenting time and co-parenting cooperation, theoretically shortening timelines for cooperative parents while lengthening litigation for parents opposing shared timesharing.

FAQ: Florida Divorce Timeline With Children

Q: What’s the absolute fastest I can get divorced in Florida with children?

3-4 months in ideal circumstances requiring: both parents agree on all terms before filing, immediate Parent Education class completion, cooperative financial disclosure, agreed parenting plan submitted within 60 days, and availability of final hearing slot. The 20-day mandatory waiting period, financial disclosure deadline, and court scheduling create this minimum threshold.

Q: Can I file for divorce before completing the Parent Education class?

Yes, you can file immediately, but you must complete the 4-hour course before the court will issue final judgment. Most parents complete it during months 1-2 of the divorce process. Waiting to enroll until month 3-4 typically delays finalization by 6-8 weeks.

Q: Does 50/50 custody mean divorces happen faster now?

Only if both parents accept equal timesharing. Cases where parents agree to 50/50 finalize 3-6 months faster than historical custody battles. Cases where one parent fights the equal timesharing presumption take longer because the burden of proof is higher to justify unequal time.

Q: How long does Guardian ad Litem investigation add to divorce timeline?

Minimum 3-6 months for GAL appointment, investigation, and report completion. Complex cases involving abuse allegations, substance abuse evaluations, or multiple children in different age groups can extend GAL involvement to 8-12 months.

Q: What if my spouse refuses to cooperate with the divorce?

Non-cooperation extends timelines significantly. Default proceedings after non-response take 3-4 months. Active opposition through contested litigation averages 12-18 months. Courts cannot force cooperation but can issue sanctions for unreasonable delays or discovery violations.

Q: Can I move out of state with my children during divorce proceedings?

Not without court permission or written agreement from your spouse. Florida Statute § 61.13001 prohibits relocation more than 50 miles during pending divorce without court order. Unauthorized relocation can result in contempt charges and immediate return of children.

Q: How long does it take to get temporary custody orders?

Emergency temporary custody hearings can be scheduled within 2-4 weeks if immediate safety concerns exist. Standard temporary custody and support hearings typically occur 6-12 weeks after filing. Temporary orders remain in effect until final judgment (6-18 months typically).

Q: What if we agree on everything except custody?

Partial agreements help. Courts can bifurcate (separate) issues, finalizing property division and other matters while custody litigation continues. However, most Florida judges prefer resolving all issues together, especially when child support calculation depends on timesharing percentage and alimony determinations affect available resources for children.

Q: Does mediation really save time in Florida custody cases?

Yes, dramatically. Successful mediation results in 4-6 month total timeline versus 12-24+ months for contested trials. Even failed mediation narrows issues for trial, potentially reducing trial length from 5 days to 2-3 days.

Q: How long after the final hearing until the divorce is official?

For uncontested cases, judges often sign final judgments same-day or within 1-2 weeks. For contested trials, judges may take 2-4 weeks to prepare written orders addressing all custody factors. Once signed, the divorce is immediately effective.

Q: Can timeline be shortened if both parents hire the same attorney?

No. Florida Bar rules prohibit attorneys from representing both parties in divorce due to conflict of interest, even in amicable cases. Both parents can proceed pro se (self-represented) or use collaborative law process with separate attorneys contractually committed to settlement.

Q: What happens if my spouse files for divorce in another state simultaneously?

The UCCJEA determines which state has jurisdiction based on child’s home state (where child lived for six consecutive months). First state to exercise jurisdiction typically retains it. Jurisdictional disputes can add 6-12 months while courts determine proper venue. File early in child’s home state to establish jurisdiction.

Florida divorces with children require careful navigation of statutory waiting periods, mandatory parenting classes, detailed parenting plan creation, and best interests determinations that make quick resolution virtually impossible even with perfect cooperation. Understanding realistic timelines helps parents budget financially and emotionally for the process.

The shift toward equal timesharing presumptions has created two divorce tracks—faster resolutions when parents embrace co-parenting and shared time, slower litigation when fighting for primary custody. Strategic decisions about mediation, expert involvement, and collaborative versus adversarial approaches significantly impact whether your divorce finalizes in 4 months or 24+ months.

For parents entering Florida divorce with children, immediate actions matter: complete Parent Education classes in month one, gather comprehensive financial documentation, propose detailed timesharing schedules, and pursue early mediation. These steps convert potential 18-month contested cases into 6-month cooperative resolutions, benefiting both your timeline and your children’s wellbeing during this transition.

Related resources: Understanding when you need a forensic accountant in divorce for complex asset cases, what happens if you don’t sign divorce papers if your spouse refuses cooperation, and who can stay in the house during separation while custody arrangements are determined.

Legal Disclaimer: This article provides general information about Florida divorce timelines with children and should not be construed as legal advice. Florida family law involves complex statutes and procedures that vary by county and individual circumstances. Consult with a licensed Florida family law attorney for advice specific to your situation. Nothing in this article creates an attorney-client relationship.

About the Author

Sarah Klein, JD, is a former family law attorney with over a decade of courtroom and mediation experience. She has represented clients in divorce, custody cases, adoption, Alimony, and domestic violence cases across multiple U.S. jurisdictions.
At All About Lawyer, Sarah now uses her deep legal background to create easy-to-understand guides that help families navigate the legal system with clarity and confidence.
Every article is based on her real-world legal experience and reviewed to reflect current laws.
Read more about Sarah