The petitioner had a divorce hearing on 3/23 to finalize the divorce. The defendant never responded to any attempts of contact and didn't respond to the newspaper add placed. Also, the defendant did not show for the final hearing. There are no children or property involved (simplified divorce). How long does it take this type of divorce to become final and when can the petitioner get remarried? Thanks.
Family Law Attorney
You may be surprised, your divorce may already be final. Usually, at the Final Hearing the Judge will sign the Final Judgment of Dissolution of Marriage. You may want to check with the clerk of court in that county to see if the Judge has signed the Final Judgment. You may re-marry as soon as you have confirmation that a Final Judgment has been signed. There is no waiting period for you to get married again.
Criminal Defense Attorney
This depends upon what happened at the final hearing. If the judge agreed that constructive service of process was done properly and no other issues arose and if a proposed Final Judgment of Dissolution of Marriage was submitted and all fees and costs paid, then the time for the divorce to be final is a factor of how long it takes the judge to sign the Final Judgment and file it with the Clerk of Court. Depending upon their workload some judges are faster than others. Usually its a matter of a few days up to a couple of weeks. If it takes longer than that there may be some outstanding issue that needs to be resolved. An experienced divorce attorney would be able to determine if something is holding the case up and advise you on how to correct it. Once the Final Judgment is filed Florida has no prohibition on remarriage.