Can a Spouse Drag Out Divorce Forever? Timeline & Limits

Long, drawn-out divorces can feel endless, draining both money and patience. Yet Florida law puts certain guardrails in place, and knowing them gives you power. 

At Mindful Divorce, P.A., we rely on transparent, fixed-fee pricing that helps families focus on solutions instead of mounting bills. In this article, we explain how long a divorce typically lasts in Florida, what can slow it down, and how you can respond if your spouse seems set on delaying.

Typical Florida Divorce Timeline: An Overview

Every marriage is different, so no single calendar fits all. Still, most Florida cases wrap up in a few months when both parties agree, or stretch past a year when big issues remain unsettled whether your case is uncontested or contested matters more than almost anything else.

The state also sets a 20-day waiting period under Florida Statutes § 61.19 between filing a petition and final judgment. That rule prevents true “same-day” divorces, even when couples already have a complete settlement in hand.

Factors Influencing the Length of a Florida Divorce Case

Several moving parts affect the pace of a divorce, and some are firmly in a spouse’s control while others are not. Being aware of each factor helps you spot delays early and plan a response.

Contested vs. Uncontested Divorce

An uncontested divorce ends faster because both spouses sign a global agreement before or soon after filing. Judges review the paperwork, confirm fairness, and enter a final judgment with minimal hearings.

By contrast, a contested divorce involves disputes about parenting plans, property, or support. Court calendars, discovery, and mediation requirements can push the process well past a year.

Division of Assets

More complicated portfolios equal more time. When real estate, family businesses, stock options, or international accounts exist, appraisers and accountants must value them accurately. In high-net-worth cases, this extra step alone can add months.

Child Custody and Support

Disagreements over parenting schedules or support payments often require social investigations, psychological evaluations, or a guardian ad litem. Each added professional creates additional deadlines and reports, lengthening the case.

Spousal Behavior & Delay Tactics

Sometimes a spouse slows the clock on purpose. Common tactics include:

  • Switching lawyers mid-stream to reset hearings
  • Skipping scheduled meetings or mediation sessions
  • Dodging service of documents
  • Refusing to sign routine forms or financial affidavits
  • Filing motions that lack merit
  • Raising unfounded allegations that demand investigation

Motives for delay vary from financial leverage to hopes of reconciliation or plain spite.

Court Schedules and Backlogs

Even a well-prepared case can stall if the local docket is packed. Larger counties often handle hundreds of family files at once, so open hearing slots may sit months out.

Mediation and Settlement

Florida courts almost always require mediation before trial. While mediation often leads to speedy resolution, complex matters can call for multiple sessions, especially when out-of-state assets or complicated tax issues appear.

Emotional Readiness and Cooperation

Divorce is a significant life change. If either spouse struggles emotionally, productive negotiation can be complicated, and that hesitation itself becomes another delay factor.

Legal Options for Countering Delay Tactics

You do not have to sit idle while your spouse drags their feet. The Florida procedure offers several tools that keep a case moving.

  • Notice for Trial: Ask the judge to set a firm final hearing date, giving the other party at least 45 days of notice. A looming trial often jump-starts settlement talks.
  • Scheduling Order: Request a detailed order that lists deadlines for discovery, mediation, and motion practice. Judges like clear timelines, and missing one can bring sanctions.
  • Early Settlement Offers or Mediation Requests: Put your proposal on the table and invite mediation sooner rather than later. If the other side refuses, you look reasonable in the eyes of the court.
  • Seek Sanctions or Fees: When a spouse files frivolous motions or refuses discovery, you may ask the court to award attorney’s fees payable right away. Money penalties discourage further stalling.

If all else fails, taking the matter to trial lets the judge decide unresolved issues and finish the case.

Is There a Limit to How Long a Spouse Can Prolong a Divorce?

Florida does not cap the total length of a divorce, but the court has tools to stop endless litigation. Judges may order the delaying spouse to pay the other party’s fees or dismiss baseless pleadings. Repeated frivolous filings can also lead to injunctions that bar the litigant from raising the same claims again without court approval.

Because judges monitor their dockets, extreme delay with no legitimate purpose often meets firm judicial pushback long before the process feels “forever.”

Steps You Can Take to Expedite Your Divorce in Florida

You cannot control every twist, yet you can move your side of the file quickly and show the judge you act in good faith.

  1. Keep communication calm and focused on resolution.
  2. Gather income statements, tax returns, bank records, and property deeds early to ensure fast disclosure.
  3. Choose mediation, collaborative divorce, or another settlement-first approach if possible.
  4. Prepare thoroughly for temporary relief hearings so the judge gets clear facts at the outset.
  5. Stay organized, respond to your lawyer promptly, and meet all deadlines.
  6. Work with a seasoned Florida family attorney who knows local judges and procedures.
  7. Avoid unnecessary motions; aim for practical agreements wherever you can.

Seeking Assistance with Your Divorce? Contact Us Today

Dragging your feet doesn’t have to determine your future. Mindful Divorce, P.A. offers steady guidance and transparent pricing that keeps stress from spiraling. Our fixed-fee schedules give you clarity about costs while we work toward fair, timely results.

If your spouse seems bent on delay, or if you want a smoother path forward, call us at 561-537-8227 or reach us through our Contact Us page. We welcome your questions and stand ready to help you move past the paperwork and into the next chapter of your life.

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