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Law Educator, Esq.
Law Educator, Esq., Lawyer
Category: Family Law
Satisfied Customers: 116727
Experience:  Experienced attorney: Family law, Estate Law, SS Law etc.
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how long can a divorce legally case legally last in the

Customer Question

how long can a divorce legally case legally last in the state of Florida before it is finalized?
Submitted: 9 years ago.
Category: Family Law
Expert:  Law Educator, Esq. replied 9 years ago.
That all depends on how busy the docket of the court is and whether or not the divorce is contested or uncontested. Uncontested divorces should not take more than 6 months to 1 year. Sometimes contested cases can take a year or a little longer, depending on the severity of the contest of the divorce and how complicated it is. There are no real time frames set by statute that mandate a specific period that it has to be completed by.

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Customer: replied 9 years ago.

the divorce was filed on July 31,2007 abd nothing has been done since April 7, 2008. I am to the understanding that if nothing is done with the case for a year it will be dropped is that true?

Also if you are ordered to pay alimony to the other person and they put the divorce on hold are you still oblicated to pay the alimony?

And do papers need to be filed requesting that the divorce be put on hold?

Expert:  Law Educator, Esq. replied 9 years ago.
Florida Rule of Civil Procedure 1.420(e) governs the dismissal of actions for failure to prosecute. The test to be applied by the trial court when determining whether to dismiss for lack of prosecution is whether 1) the defendant has shown “there was no record activity for the year preceding the motion” and 2) the plaintiff has failed to show “good cause why the action should not be dismissed.” Metro. Dade County v. Hall, 784 So. 2d 1087, 1090 (Fla. 2001). Therefore, you will need to file a motion to have the petition dismissed and have the alimony award teminated for failure to prosecute.

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