If you’re considering ending your marriage in Florida, the process may be more straightforward than you expect. Florida is a no-fault divorce state, which means you do not need to prove adultery, abuse, abandonment, or any other misconduct. But there are specific legal requirements you must meet before you can file. Here’s what you need to know.
Under Florida Statute § 61.021, at least one spouse must have been a resident of Florida for a minimum of six consecutive months immediately before filing the divorce petition. This requirement cannot be waived or shortened, and it must be corroborated, meaning you’ll need a witness or documentation (such as a Florida driver’s license, voter registration, or utility bills) to confirm your residency. You file in the Circuit Court, Family Law Division, in the county where either spouse currently lives.
Florida recognizes two grounds for divorce: that the marriage is irretrievably broken, or that one spouse has been mentally incapacitated for at least three years. In practice, nearly every Florida divorce is filed on the first ground. You simply state that the marriage cannot be saved. Your spouse cannot prevent the divorce by disagreeing with this; they can contest issues like property division, custody, or alimony, but they cannot stop the divorce itself from happening.
The process begins when one spouse (the petitioner) files a Petition for Dissolution of Marriage with the clerk of court and pays the filing fee, which typically ranges from $300 to $450 depending on the county. The petition is then formally served on the other spouse (the respondent), who has 20 calendar days to file a written response.
If both spouses agree on all terms like property division, debt allocation, child custody, and support then the divorce is considered uncontested, and it can be finalized in as little as four to eight weeks after filing. If there are disagreements, the case becomes contested and may require financial disclosure, mediation, and potentially a trial, which can extend the timeline to six months or longer.
Florida also offers a Simplified Dissolution of Marriage for couples who meet all of the following conditions: no minor or dependent children, the wife is not pregnant, both spouses agree the marriage is irretrievably broken, both agree on how to divide all property and debts, and neither spouse is seeking alimony. Both spouses must appear together at the final hearing. Simplified dissolutions can be finalized in approximately 30 days.
Florida follows equitable distribution, meaning marital property is divided fairly but not necessarily 50/50. The court considers factors like each spouse’s financial situation, contributions to the marriage, and the duration of the marriage. Child custody (called “timesharing” in Florida) is determined based on the best interests of the child, and both parents are typically required to submit a parenting plan. Alimony may be awarded depending on the length of the marriage and each spouse’s financial needs and ability to pay.
Even in an uncontested divorce, the decisions you make about property, custody, and support will affect your life for years.
This is general information, not legal advice. Every case is unique; consult your Florida family law attorney before taking action.
Free Consultation: 1-888-503-5555
Follow us on social media.
