In the state of Florida it does not matter who files first, but the person who files first will have to pay the filing fees which in Florida are around $409.00. The fees are mandatory and must be paid by everyone who files for a dissolution of marriage (divorce) in Florida.   The filing fees are not included into attorney’s fees unless otherwise noted.

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Once the petition for the dissolution of marriage (divorce) is filed and properly served upon the other party, the other party will have twenty days to respond with an answer.   The amount of time that a divorce can take vary on a case to case basis.  There is no “separation” or “cool down” period in Florida so if the parties agree and the case is uncontested the parties can go before the Judge once the twenty days has been completed and have a final judgment entered at a quick five minute hearing.   If the case is contested and the parties require mediation, depositions, and trial then the case could take anywhere from 6 months to multiple years to complete.  The scheduling process and how well you get along with your spouse determines everything.  Typically once you complete mediation and turn in all of your discovery documents, the courts will then schedule trial.  Depending on the Judge’s calendar, trials are scheduled 3-6 months from the date when the attorney’s request trial to be scheduled.   

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