How quickly can I get divorced after we reach an agreement?

In some instances, you can divorce the very next day after reaching an agreement.  In Duval County, Florida, the judges enter consent final judgments (the document that actually divorces the parties) at an uncontested (unopposed) hearing.  Such hearing times are set by judge in advance and are available several days during each month.  If your judge happens to have uncontested hearing time scheduled on the day after your successful mediation, it is possible for you to get divorced that next day.

Divorce Agreement

Sometimes, the parties may elect to wait to have the consent final judgment entered. Some reasons for this include:

Taking advantage of the ‘married filing joint’ tax status for a particular year.  Your tax filing status is based upon your marital status on December 31 of that year (not April 15).  Therefore, parties may wish to remain married through the end of 2014 and divorce in January 2015 in order that they may file ‘married filing joint’ for 2014.

Allowing time for preparation of orders to be entered at the same time as the consent final judgment.  Examples of such orders include Income Withholding Orders (an order sent to a support payor’s employer that allows for support payments to be withdrawn from the payor’s income and forwarded directly to the recipient) and Qualified Domestic Relations Orders (an order utilized to distribute certain types of retirement plans).

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Laura A. Giovannetti, PL

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