Understanding the Timeline of a Litigated Divorce
If you’re facing a divorce, knowing the timeline of a litigated case can help you make informed decisions about your next steps. Whether your case requires litigation or can be resolved through mediation, working with an experienced Port St. Lucie family law attorney ensures your rights are protected and your goals are clearly represented.
How Long Will My Divorce Take?
The timeline of a divorce depends on many factors. While every case is different, understanding the typical timeline, costs, and steps involved in a litigated divorce can help you prepare. It may also help you see why many couples choose mediation when possible.
As in the rest of Florida, the divorce process in Port St. Lucie begins when one spouse files a Petition for Dissolution of Marriage with the local circuit court. This petition outlines what the filing spouse is requesting, such as division of property, alimony, or child custody arrangements.
The other spouse then has 20 days to respond after being served with the paperwork. If both parties agree on all issues, the process can move quickly. But if disagreements arise, the case could enter litigation.
Once a divorce becomes litigated, both sides begin what’s known as the discovery phase. During this stage, each spouse and their attorney collect and exchange information about assets, debts, income, and other relevant details.
This process can include:
- Financial affidavits
- Interrogatories (written questions that must be answered under oath)
- Requests for documents
- Depositions (formal, recorded interviews)
Discovery can take anywhere from a few months to over a year, depending on how cooperative the parties are and how complex the finances or custody issues may be.
One or both parties may file motions for temporary relief, too. Each motion requires a hearing before the judge, which adds to the overall time and cost of the case. Legal fees can increase quickly during this phase, as attorneys must prepare for and attend multiple hearings, respond to motions, and gather additional evidence.
Is There Another Option?
Mediation gives spouses the chance to resolve disputes with the help of a neutral third party rather than a judge. A Port St. Lucie family law attorney can guide you through the process. When mediation is successful, it shortens the process and reduces costs. A case that might otherwise take over a year to reach trial could settle in a few months.
From start to finish, a fully litigated divorce in Florida can take one to two years, or longer. Costs vary widely, but it’s not uncommon for litigated divorces to cost tens of thousands of dollars once attorney fees, expert witnesses, and court costs are factored in.
Is mediation an option for you? Mediation tends to be faster, less expensive, and less stressful than a court battle. Discuss your objectives with the legal team at Baginski, Brandt & Brandt to determine which path forward would work for your unique situation. To schedule a confidential consultation, simply reach out.
