Divorce can be a challenging and emotional process, but understanding the legal steps involved can make it easier. If you are considering divorce in Florida, it is essential to know the requirements, procedures, and options available to you. Florida is a no-fault divorce state, which means you do not need to prove that your spouse did something wrong to get a divorce. Instead, you only need to state that the marriage is irretrievably broken.
This Eastcoastlaws.com guide will take you through the process of filing for divorce in Florida, covering everything from eligibility requirements to finalizing the divorce.
Florida Divorce Laws
You need to meet the Florida divorce requirements before you’re eligible to dissolve your marriage, the biggest ones being that you must be a resident of the state and have grounds for divorce.
Residency requirements
To file for divorce in Florida, you or your spouse must be a resident for at least six months.
You can use a few different documents you can use to prove you’re a resident:
- A Florida driver’s license or state ID card
- Your state or federal tax filings
- A utility bill showing your name and Florida address
If your spouse is a Florida resident, you will file in the circuit court of the county where your spouse lives. If your spouse does not live in Florida, file in the county where you live.
Grounds for divorce
Grounds for divorce are legally recognized reasons to get a dissolution of marriage.
Florida only allows no-fault grounds for divorce. You simply need to state in the divorce papers that the marriage is irretrievably broken or one spouse is mentally incapacitated. These are the only two grounds for divorce in the state, neither of which assign fault to either partner.
Florida divorce laws allow for two types of divorce: simplified and regular dissolution. A simplified dissolution is a quicker, more straightforward legal process, but a regular dissolution might be needed in certain situations.
Simplified dissolution of marriage
Florida offers a simplified dissolution procedure, which may be completed in as little as three weeks (depending upon the court’s backlog).
The simplified procedure is available in the following instances:
- You and your spouse agree that the marriage is irretrievably broken
- You have no dependent or minor children together, or if you do, then you and your spouse agree on child support and custody arrangements
- The wife is not pregnant
- You and your spouse agree on the division of marital funds, property, and debt
- You and your spouse both sign the court papers and attend the final court hearing
You begin by filing a Petition for Simplified Dissolution of Marriage in the circuit court. In the simplified procedure, you (and maybe your spouse) will need to attend a court hearing. The judge will ask some questions to be sure you understand and agree to everything and will enter a Final Judgment Dissolving Marriage Under Simplified Procedure.
Regular dissolution of marriage
Under Florida law, you’ll need to file for a regular dissolution of marriage if any of the following apply to you:
- You have dependent or minor children and no agreement on child support or custody
- You and your spouse have disputes over key issues like marital assets
- One spouse wants alimony (spousal support)
Regular dissolution can be more complex and lengthy. It’s divided into two categories:
- Uncontested divorce. If you have children or one spouse wants alimony, but you agree on all major issues, including child custody, property division, and the amounts of child support and alimony, you still need to use the regular process. This is because the court needs to approve your marital settlement, even if you both agree on it.
- Contested divorce. If you disagree on one or more of the major issues, you need to use the regular process so you can sort out your disagreements. Court hearings, a mediation process, or even a trial might be required.
In a regular dissolution, couples must go through the standard legal process, which includes filing the petition, serving papers, and financial disclosures. Although not as simple as the simplified process, an uncontested regular divorce is still faster and less expensive than a contested one.
Determine Eligibility for Divorce
Before filing for divorce in Florida, you must meet the state’s eligibility requirements:
- Residency Requirement: At least one spouse must have lived in Florida for at least six months before filing for divorce. Proof of residency, such as a driver’s license, voter registration, or testimony from a witness, may be required.
- No-Fault Divorce: You do not need to provide a reason other than stating that the marriage is irretrievably broken. However, in cases where one spouse is mentally incapacitated, additional requirements apply.
How to File for Divorce in Florida: Step-by-Step Process
Once you determine the type of divorce you need, follow these steps to file for divorce in Florida:
Step 1: Prepare and File Divorce Papers
- The filing spouse (the petitioner) submits a Petition for Dissolution of Marriage in the circuit court of the county where either spouse resides.
- Other required forms may include a financial affidavit, a parenting plan (if children are involved), and a marital settlement agreement if both spouses agree on terms.
Step 2: Serving the Other Spouse
- The non-filing spouse (the respondent) must be officially notified of the divorce petition through service of process.
- A sheriff or private process server typically delivers the papers.
- If the respondent cannot be located, the petitioner may need to file an affidavit and publish a legal notice in a newspaper.
Step 3: Response from the Other Spouse
- The respondent has 20 days to file an answer with the court.
- If the divorce is contested, the respondent can file a counterpetition, raising disagreements over property, support, or child custody.
Step 4: Financial Disclosures
- Both parties must provide financial information, including income, assets, debts, and expenses, within 45 days of filing the petition.
- A financial affidavit is required for cases involving alimony, child support, or asset division.
Step 5: Mediation and Settlement Negotiations
- In contested divorces, courts often require mediation to help couples reach an agreement before going to trial.
- Mediation can help save time and legal expenses by resolving disputes amicably.
Step 6: Court Hearings and Final Judgment
- If both parties reach an agreement, the judge will review and approve the settlement.
- In contested cases, a trial may be necessary where a judge makes final decisions on unresolved issues.
- Once the judge signs the Final Judgment of Dissolution of Marriage, the divorce is legally finalized.
Key Considerations in a Florida Divorce
a) Division of Property and Debts
Florida follows equitable distribution, meaning assets and debts are divided fairly but not necessarily equally. Factors affecting division include:
- Length of the marriage
- Contributions of each spouse (financial and non-financial)
- Economic circumstances of both spouses
b) Alimony (Spousal Support)
Alimony is granted based on factors such as:
- The length of the marriage
- The financial resources of each spouse
- The standard of living during the marriage
Types of alimony in Florida include temporary, rehabilitative, durational, and permanent support.
c) Child Custody and Support
- Florida courts prioritize the best interests of the child when determining custody arrangements.
- Parenting plans outline how responsibilities will be shared.
- Child support calculations follow state guidelines based on income, number of children, and other factors.
How Long Does a Divorce Take in Florida?
- Uncontested divorce: Can be finalized in 30–90 days if both parties agree on all terms.
- Contested divorce: May take several months to over a year, depending on disputes and court schedules.
Factors that can delay a divorce include disputes over finances, child custody, or incomplete paperwork.
How much does it cost to file for divorce in Florida?
The cost of a divorce in Florida averages anywhere from $5,000 to $12,000 for a dissolution that doesn’t involve a trial. It can vary based on a number of factors:
- Your attorney’s fees. Family law attorneys in Florida charge about $344 per hour, which can add up. Attorneys have the liberty to set their rates, so some may charge more or less than others.
- Type of divorce. Contested divorces are inherently more expensive. If you have to negotiate issues like property division or spousal support, or enter into a mediation process, costs will go up. On the other hand, you might be able to file an uncontested divorce online, which can reduce your costs.
- Whether you go to trial. A trial can be a long, complex process. Your attorney will be there every step of the way—which is good, but can end up being costly.
One fee is universal to all types of Florida divorces: It costs about $400 to file your Petition for Dissolution of Marriage in Florida. There can also be other small fees throughout the process. You may be able to request a fee waiver if you can demonstrate financial need.
Child custody issues and support in Florida
Many people researching how to get divorced in Florida have children to consider—and it’s likely that Florida dissolution proceedings will involve negotiations over custody and support. According to Florida law, if you and your spouse cannot reach an agreement on custody, the judge will make a decision based on several factors.
The parent-child relationship
Judges prioritize the quality of the relationship between each parent and the child, along with how responsibilities will be shared. They’ll look at the following:
- The ability of each parent to have a continuing parent-child relationship
- The ability of each parent to honor the time-sharing schedule and be reasonable about changes
- The anticipated division of parental responsibilities after the dissolution of marriage
- Each party’s ability to put the needs of the child first
Stability and environment
The stability of the child’s living environment and maintaining consistency are essential for their well-being, so a judge will consider:
- How long the child has lived in a stable environment and how important it is to maintain continuity
- The viability of the parenting plan based on where each parent lives
- Whether the child has a good home, school, and community record
Parental fitness
Parental fitness can be one of the most debated parts of the Florida dissolution process. Here’s what judges will consider:
- The moral character of the parents
- The mental and physical health of the parents
- The ability of each parent to meet the child’s developmental needs
- Each party’s ability to maintain a substance-free environment
- Evidence of domestic violence, sexual violence, child abuse, abandonment, or neglect
- Evidence that either parent has knowingly provided false information to the court
- Each party’s willingness to protect the child from the litigation
Parental involvement
Judges assess how involved each parent is in the child’s life and their ability to communicate effectively by looking at the following:
- The division of parental responsibilities before and during the dissolution of marriage
- Each party’s ability to provide a consistent routine and be involved in the child’s activities
- Each party’s ability and willingness to communicate with the other parent about the child
- Each party’s awareness of the child’s friends, teachers, medical providers, daily activities, and favorite things
The court might also take into account the preference of the child if they’re old enough to understand the proceedings.
Child support
For Florida child support payments, you can find the guidelines in Section 61.30 of the Florida Statutes, which may also be available from your court clerk.
Essentially, the amount of child support is based on the income of both the higher-earning and lower-earning spouse. If one spouse didn’t work, the court will calculate their likely earnings if they had been working. Then, the court uses a fee schedule to calculate the minimum amount of child support due.
There are other factors that may come into play, but the idea is to ensure that the child support amount is fair, reflecting the child’s best interests and the parents’ financial abilities.
Do You Need a Lawyer for a Florida Divorce?
Hiring a lawyer is not mandatory but can be beneficial in cases involving:
- Disagreements over property, alimony, or child custody
- Complex assets such as businesses or retirement accounts
- Domestic violence or other legal complications
For uncontested divorces, some individuals choose to file on their own using court-provided forms.
Final Thoughts and Resources
Filing for divorce in Florida requires careful planning and attention to legal requirements. Whether you pursue a simplified, uncontested, or contested divorce, understanding the process can help you navigate it more smoothly.
Helpful Resources
- Florida Courts Self-Help Center (www.flcourts.org)
- Florida Bar Association (www.floridabar.org)
- Local Clerk of Court Office (for county-specific filing requirements)
If you are unsure about any part of the process, consulting a qualified family law attorney can help ensure your rights and interests are protected. Divorce is a significant life change, but with the right knowledge and preparation, you can move forward with confidence.
