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Wednesday, June 15, 2011

How Long Does a Florida Divorce Take?

The length of time that it takes to get divorced can vary greatly depending on the circumstances. Realistically, even in a best case scenario, it will take approximately 45 days to be divorced. If the case in contested, it can take up to a year. Some divorces in Orlando have been known to last up to two years.

The main issue that determines how long a Florida Divorce will take is whether you and your spouse are able to resolve the issues through a Marital Settlement Agreement. The Agreement is simply a contract between you and your spouse. However, a well written Marital Settlement Agreement has the ability to resolve all of the issues between you and your spouse including custody, alimony/spousal support, child support, property division and all other issues that the judge would have resolved for you. A Marital Settlement Agreement is an excellent tool that will save both parties a significant amount of money. Once the Agreement is signed, it is filed with the Court and essentially becomes part of the divorce order.

If you are unable to reach a Marital Settlement Agreement with your spouse, then you have no choice but to proceed with the contested divorce process. This includes obtaining financial and other evidentiary disclosure; potentially taking depositions; attending various hearings to resolve temporary matters; attending mediation; preparing for trial; and then attending the trial. All of these matters can be very time consuming which translates into expensive.

If both spouses are being reasonable, then it is always better to reach a Marital Settlement Agreement. However, if the other spouse is not being reasonable, then it is often times better to go through the contested litigation process so that you may receive a better result.

Having an experienced Orlando Family Law Attorney can greatly assist you in first, determining what is a reasonable settlement, and second, preparing a comprehensive Marital Settlement Agreement. If a reasonable settlement is not available, it is even more important to have an experienced lawyer to assist you through the litigation process.

If you have questions regarding your family law issues, please contact The Law Offices of Wade P. Luther, P.A. at (407) 835-9900, or visit the website at

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