How Long Does Property Division Take in a Florida Divorce?
One of the most frequently asked questions during a Florida divorce is how long it takes to divide up property. Unfortunately, there isn’t a one-size-fits-all answer to this question. How long it takes to divide property in a divorce in Florida varies based on several factors. Understanding what affects the timeline for property division can help you set realistic expectations and avoid unnecessary delays.
Florida’s Equitable Distribution System
Florida operates under the principle of equitable distribution, meaning marital property is divided justly between the spouses, not necessarily equally. So, before any division can happen, assets and debts need to be identified, valued, and categorized as either marital or non-marital. This vital step can take time, especially in cases involving complex assets such as investment properties, pensions, and 401(k)s, arts and collectibles, and businesses.
It is crucial to note that property division is not a separate process from the divorce itself. Instead, it happens as part of the overall divorce proceedings, which can last anywhere from a few months to over a year.
Uncontested vs. Contested Divorces
The main factor that affects how long property division takes is whether the divorce is uncontested or contested. In an uncontested divorce, spouses agree on all divorce-related matters, including property division, meaning these cases usually resolve quickly. Some uncontested divorces in Florida can be resolved in just a few weeks. However, others can take a few months.
On the other hand, a contested divorce takes longer to resolve because spouses cannot agree on how to divide their property. In such cases, the court may need to intervene. Contested divorces in Florida can take 6 months to over a year to resolve, with some cases taking even longer, especially if there are high-conflicts or significant assets are involved.
Asset Complexity
Divorce cases involving simple assets tend to be resolved faster than those involving complex assets. Determining the value of cars, a home, and basic bank accounts is usually easier than assessing the value of complex assets such as multiple real estate properties, businesses, retirement accounts, and investment portfolios.
Allegations of hidden or wasted assets can also prolong property division, as those allegations need to be investigated and resolved before any property can be divided.
Discovery
If spouses cannot agree or are not being honest, discovery may be necessary. Discovery is a legal process in which each side formally requests information from the other. When discovery is needed, it can lengthen the property division process. This process can take several months, especially if one spouse is slow to comply or disputes arise.
Alternative Dispute Resolution
Florida courts strongly encourage resolving property division disputes through alternative dispute resolution (ADR). ADR, such as negotiation and mediation, can significantly shorten the property division timeline if it results in a settlement agreement. However, if ADR fails, it may be necessary to proceed to trial. When a case proceeds to trial, court availability can affect how long it takes to resolve the case.
How To Speed Up Property Division
While some delays are unavoidable, there are steps you can take to keep the process moving, including;
- Stay organized and ready to respond when asked for information
- Consider negotiating or mediating right from the beginning
- Avoid unnecessary disputes
- Work with an experienced attorney
Contact an Orlando Divorce Lawyer
Contact our experienced Orlando divorce lawyers at The Arwani Law Firm today to protect your assets, avoid costly delays, and work toward a fair and efficient property division resolution.