How Divorce Works in Florida: A Complete, Easy-to-Understand Guide 

What Florida families need to know before, during, and after filing for divorce.

🔎 Quick Answer: How does divorce work in Florida?

Florida is a no-fault divorce state, which means you don’t have to prove wrongdoing. One spouse simply needs to state that the marriage is “irretrievably broken.”

Before filing, either you or your spouse must have resided in Florida for at least six months immediately before the divorce petition is filed.

A Florida divorce is generally filed in the appropriate circuit court. In many cases, venue is proper in the county where the spouses last lived together with the shared intention of remaining married. An attorney can determine the proper filing county when the spouses have moved or live in different counties.

You must exchange financial information, address parenting issues (if children are involved), and either reach an agreement or go to trial where a judge makes decisions.

That’s the simple version. Below is the full roadmap — written in clear, human language — so families know what to expect at every stage.

1. Florida’s No-Fault Divorce System (What It Really Means)

Florida does not require:

• evidence of adultery
• proof of abuse (for divorce purposes)
• blame of any kind

The court cares about solutions — not fault.

You or your spouse must simply say the marriage is “irretrievably broken,” meaning:

• the relationship cannot be repaired

2. Who Can File? (Residency Requirements)

Before filing, you must have resided in Florida for at least 6 months.
Proving this is simple:

• Florida driver’s license
• Voter registration
• Testimony from a third-party witness

You file in the county where you last resided in an intact marriage.

3. Three Common Paths Through a Florida Divorce

Florida offers three pathways:

Uncontested Dissolution of Marriage

Fast, cooperative, low-stress — ideal when the parties are able to work together to:

• •  determine the division of assets
  • Alimony
  • A parenting plan (if children are involved)
  • Child support (if children are involved)

Once the parties have agreed to the terms, the process is fast and can often be completed in a month or two.

Regular Divorce (Contested)

This is the standard process when you disagree on any of the issues, including but not limited to:

• • Parental Responsibility (decision-making regarding children)
  • Timesharing (where the children will be on any given day)
  • Division of assets or debts
  • Alimony
  • Child Support

Regular divorces range from 3 months to 18+ months, depending on complexity and conflict level.  In essence, the timeframe is driven by the parties.  The more they fight, the longer it takes and inevitably, the more it costs.

Collaborative Divorce

 

Step-by-Step Process of a Florida Divorce (Contested)

This is the section most Florida parents search for — a clear, chronological path.

Step 1: Filing the Petition

One spouse (the petitioner) files the Petition for Dissolution of Marriage.

This document outlines:

• the request for divorce
• proposed asset and debt division
• parenting plan proposals
• child support or alimony requests

Step 2: Serving the Other Spouse

The other spouse (the respondent) must be formally “served” with paperwork unless they voluntarily accept service.

After being served, the respondent has 20 days to answer.

Step 3: Mandatory Financial Disclosure

Florida requires both spouses to exchange Financial Affidavits,  and documentation regarding assets, debts and income.

In most regular dissolution cases, mandatory financial disclosure must generally be provided within 45 days after the petition is served.

Some of the documentation exchanged includes:

• income
• bank statements
• tax returns
• credit card statements
• retirement accounts
• property valuations

Why this step matters:
Courts cannot divide property or determine support without full, honest information.

Step 4: Creating a Parenting Plan (If Children Are Involved)

Florida courts require a parenting plan, which covers:

• time-sharing schedule
• decision-making (parental responsibility)
• school choice
• communication rules
• holiday schedules

Florida law generally favors both parents remaining meaningfully involved in their children’s lives. Courts begin with a rebuttable presumption that equal time-sharing is in a child’s best interests, but the final parenting plan must be based on the individual child’s welfare and the statutory best-interest factors. Shared parental responsibility may be limited when it would be detrimental to the child.

This step may involve:

• mediation
• guardian ad litem
• social investigation
• mental health evaluations

Step 5: Mediation (Required in Most Cases)

Many Florida courts require mediation before a contested divorce proceeds to trial, although requirements and procedures may vary by judicial circuit and case.

A mediator helps spouses:

• negotiate
• compromise
• settle disputes

Most Florida divorces reach settlement in mediation — avoiding trial.

Step 6: Marital Settlement Agreement

If you reach an agreement, it is documented in a Marital Settlement Agreement (MSA).

The MSA covers:

• division of assets
• responsibility for debts
• alimony
• all child-related issues (this may be covered in a separate document: Parenting Plan)

Once signed and approved by the court, it becomes legally enforceable.

Step 7: Final Hearing or Trial

If you reach an agreement:

When the spouses have resolved all issues, the attorney submits the settlement documents and proposed final judgment to the court. Depending on the judicial circuit, assigned judge, and circumstances of the case, the divorce may be finalized through written submissions, a brief hearing, or another court-approved procedure.

If you do NOT reach an agreement:

You go to trial, and a judge decides:

• time-sharing
• property division
• alimony
• child support
• relocation issues

Trials may require expert witnesses such as:

• social investigators
• psychologists
• financial specialists
• forensic accountants
• vocational evaluators
• Guardian ad litems
• Appraisers

What Happens to Property in a Florida Divorce?

Florida uses equitable distribution, meaning:

• assets are divided fairly, not equally (but is generally equal absent a special circumstance)
• marital property includes anything acquired during the marriage
• separate property (pre-marriage or inherited) may remain separate

Florida courts begin with the premise that marital assets and liabilities should be divided equally, unless the circumstances justify an unequal distribution based on the statutory factors.

Courts consider:

• when it was acquired
• the type of asset
• whether a non-marital asset was comingled with marital assets
• contributions (financial and non-financial)
• wasteful dissipation of assets

Alimony in Florida (Recent Changes)

Florida considers:

• duration of marriage
• each spouse’s income
• the need and ability to pay
• contributions to the marriage
• standard of living

Florida currently recognizes temporary, bridge-the-gap, rehabilitative, and durational alimony. Depending on the circumstances, payments may be ordered periodically or in a lump sum. Prenups can impact alimony rights.

Divorce When Domestic Violence Is Involved

If there is a history of domestic violence:

• the survivor may request an injunction
• the court may restrict contact

 

How Long Does a Florida Divorce Take?

An uncontested divorce may sometimes be completed relatively quickly, but there is no guaranteed 30-day completion period. Timing depends on the court’s schedule, local procedures, the completeness of the paperwork, and the issues involved.

The biggest time factors:

• conflict level
• number of issues to resolve
• willingness to compromise
• financial complexity
• presence of domestic violence
• presence of mental illness or substance abuse
• court hearing/trial time availability

Cost of Divorce in Florida

Costs vary widely:

• Uncontested divorce: is a flat fee
• Contested divorce: billed at an hourly rate
• Collaborative divorce: billed at hourly rate

A contested divorce is the most expensive route so it is recommended that parties attempt uncontested or collaborative divorce, if possible.  Again, the cost depends on the issues of the case and if it is high conflict.

FAQs

Q: Do I have to go to court in a Florida divorce?

Depends.  If you reach an agreement, you may not be required to go to Court.

Q: Can we share custody?

Florida encourages shared parental responsibility unless it is detrimental to the child(ren)

Q: Who gets the house in a divorce?

It depends on finances, children’s needs, and equity distribution.  One party can buy out the other’s equity in the home or it can be placed for sale and the proceeds divided.

Q: How fast can I get divorced?

As quickly as 30 days if uncontested.

Q: Do we need separate attorneys?

Highly recommended — one attorney cannot represent both spouses.  However, it is not uncommon for an attorney to be retained for the sole purpose of drafting the documents, in which case one party represents themselves.

The Bottom Line: Divorce in Florida Doesn’t Have to Be Overwhelming

Divorce is emotional — but the legal path doesn’t need to be confusing.
With clarity, structure, and support, Florida families can navigate the process with confidence and minimize conflict.