Divorce in Florida

Getting a divorce in Florida means asking a court to end your marriage, divide what you and your spouse own, and — if you have children — set up a parenting plan and support. Florida calls this process “dissolution of marriage,” and Chapter 61 of the Florida Statutes governs every step. This guide explains how a Florida divorce actually works from filing to final judgment, and it points you to detailed guides on the issues that most often come up: property, alimony, time-sharing, and child support.

This is a hero overview of the divorce process itself. If you want the broader picture of how all of Florida’s family law rules fit together — including paternity, domestic violence injunctions, and prenuptial agreements — see Divorce and Family Law in Florida.

This is general legal information about Florida law, not legal advice. Every marriage and every divorce is different, and how these rules apply depends on your specific facts. If you are considering or facing a divorce, consider speaking with a Florida family law attorney about your situation.

What “divorce” means in Florida law

Florida statutes do not actually use the word “divorce.” The legal term is dissolution of marriage, and it lives in Chapter 61 of the Florida Statutes. The result is exactly what most people mean by divorce: a circuit court enters a final judgment that ends the marriage, divides the couple’s property and debts, and resolves any questions about support and children. Throughout this guide we use “divorce” and “dissolution” to mean the same thing, because that is how Floridians actually talk about it.

Two people, called the petitioner (the spouse who files) and the respondent (the other spouse), are the parties to the case. The petitioner does not gain a built-in advantage on the merits, although filing can affect timing and, when the spouses live in different counties, which court hears the case. A Florida divorce is a civil case, decided by a judge — there is no jury in a dissolution of marriage.

No-fault: the “irretrievably broken” ground

Florida is a pure no-fault divorce state. Under Fla. Stat. § 61.052, a court may dissolve a marriage if it finds the marriage is “irretrievably broken” — meaning the relationship is over and cannot reasonably be repaired. This is the ground nearly everyone uses. You do not have to prove adultery, abuse, abandonment, or any other wrongdoing, and your spouse generally cannot block the divorce simply by objecting or insisting the marriage can be saved.

There is a second, narrow ground: the mental incapacity of a spouse who has been adjudicated incapacitated for at least the preceding three years. It is rarely used. In the typical case, one spouse states under oath that the marriage is irretrievably broken, and that is enough. Fault is not the basis for the divorce itself, although certain conduct — such as one spouse spending marital money on an affair — can still affect how property or support is decided.

The six-month residency requirement

Before a Florida court can dissolve your marriage, at least one spouse must have resided in Florida for six months immediately before the petition is filed (Fla. Stat. § 61.021). This is a hard requirement — a court cannot grant the divorce without it. You do not both need to be Florida residents; one spouse’s six months is enough.

Courts generally require proof of residency. The most common ways to establish it are a Florida driver license or state ID issued more than six months before filing, a Florida voter registration, or the sworn testimony of a corroborating witness who can confirm the spouse lived in Florida for the required period. You file the case in the circuit court of the county where either spouse lives.

Contested vs. uncontested divorce

How long, how expensive, and how stressful a Florida divorce becomes depends mostly on how much the spouses agree on.

• Uncontested divorce — the spouses agree on every issue (property, debts, support, and parenting) and sign a written marital settlement agreement. The court reviews it, and a judge can finalize the case relatively quickly.
• Contested divorce — the spouses disagree on one or more issues. The case moves through financial disclosure, discovery, usually mediation, and ultimately a trial if no settlement is reached.

Most cases that begin as contested end up settling somewhere along the way — informally, in mediation, or shortly before trial. Settling lets the spouses control the outcome rather than handing every decision to a judge. For a stage-by-stage walkthrough of filing, service, disclosure, mediation, and trial, see how divorce works in Florida.

The divorce process step by step

A Florida dissolution generally follows the same sequence, whether it is simple or hard-fought:

• Petition — the petitioner files a petition for dissolution of marriage, stating residency, that the marriage is irretrievably broken, and what relief is requested.
• Service — the petition is formally served on the respondent, who then has time to file an answer (and any counter-petition).
• Financial affidavits and mandatory disclosure — under Fla. Fam. L. R. P. 12.285, each spouse must file a sworn financial affidavit and exchange documents such as tax returns, pay records, and account statements. This step is required and cannot be skipped in most cases.
• Discovery — in contested cases, the spouses may exchange additional information through interrogatories, depositions, and document requests.
• Mediation — most circuits require the parties to attend mediation before a contested final hearing, where a neutral mediator helps them try to settle.
• Final judgment — the court enters a final judgment of dissolution that ends the marriage and incorporates the settlement agreement or the judge’s rulings after trial.

Uncontested cases move quickly because they skip the contested portions of discovery and trial. Contested cases take longer — commonly several months to more than a year, depending on the county, the complexity, and the court’s calendar. For the full detail on each stage, see how divorce works in Florida.

Simplified dissolution of marriage

Florida offers a faster, streamlined track called simplified dissolution of marriage. It is only available to couples who meet every one of these conditions: they have no minor or dependent children together, the wife is not pregnant, both spouses agree the marriage is irretrievably broken, neither seeks alimony, and both are willing to waive their rights to a trial and an appeal. The spouses must also reach agreement on how to divide their property and debts, and both must attend the final hearing in person.

Because simplified dissolution skips formal financial discovery and trial, it is the quickest path to a divorce in Florida — but it gives up some protections, including the right to demand full financial disclosure from the other spouse. Couples with children, with a pregnancy, with any alimony claim, or who cannot fully agree must use the regular dissolution process instead.

Dividing property: equitable distribution

Florida divides marital property and debts by equitable distribution under Fla. Stat. § 61.075. “Equitable” means fair — not automatically 50/50. The statute begins from the presumption that an equal split of marital property is appropriate, but a judge can order an unequal division when fairness requires it. Importantly, Florida is not a community property state; neither spouse automatically owns exactly half of everything acquired during the marriage.

The first task is classifying each asset and debt as marital (generally acquired during the marriage, regardless of whose name is on the title) or non-marital (generally owned before the marriage, plus inheritances and individual gifts kept separate). Only marital property and debt get divided. Courts weigh statutory factors such as each spouse’s contributions, the length of the marriage, and whether one spouse intentionally wasted assets. For classification, valuation, and the reasons a court might order an unequal split, see equitable distribution of property.

Alimony after the 2023 reform

Florida significantly overhauled its alimony law in 2023. The reform (SB 1416, effective July 1, 2023) eliminated permanent alimony — courts can no longer award open-ended support with no defined end date. Under Fla. Stat. § 61.08, the remaining forms are temporary (while the case is pending), bridge-the-gap (short-term transition help), rehabilitative (tied to a plan for education or training), and durational (support for a set number of years).

A court first decides whether one spouse has an actual need for support and the other has the ability to pay. The reform also added caps: the amount of an award is generally limited to the lesser of the recipient’s reasonable need or 35% of the difference between the parties’ net incomes, and the length of durational alimony is capped based on how long the marriage lasted. Because Florida has no state income tax, the net-income calculations are somewhat simpler than in many states. For the types of alimony, the caps, and how retirement can justify a change, see alimony in Florida.

Children: time-sharing and parenting plans

Florida no longer uses the words “custody” or “visitation.” Instead, divorcing parents share parental responsibility (decision-making) and time-sharing (the schedule of when the child is with each parent), set out in a written parenting plan under Fla. Stat. § 61.13. Every decision is governed by the best interests of the child, which the statute defines through a long list of factors.

A 2023 amendment added a rebuttable presumption that equal (50/50) time-sharing is in the child’s best interest, which a parent can overcome with evidence that a different schedule better serves the child. Courts also strongly favor shared parental responsibility, meaning both parents confer on major decisions about education, health care, and religion, unless that would harm the child. For the full best-interest factors and what a parenting plan must contain, see time-sharing and parenting plans.

Child support

Florida calculates child support using an income-shares model under Fla. Stat. § 61.30. The court combines both parents’ net incomes, applies a statutory guideline schedule to find the total support obligation, and divides that obligation between the parents in proportion to their incomes. The number of overnights each parent has under the time-sharing schedule is built directly into the formula, so a substantially shared schedule adjusts the amount.

Costs like the child’s health insurance and work-related child care are added in and allocated between the parents. Even with equal time-sharing, support is rarely zero, because the calculation accounts for any difference in the parents’ incomes. For the step-by-step math and the limited situations in which a court can deviate from the guideline, see child support.

Mediation, collaborative divorce, and settlement

Most Florida circuits require divorcing spouses to attend mediation before a contested final hearing. A neutral mediator helps the spouses try to reach agreement on some or all issues; mediation is confidential, and a full agreement lets the couple decide the outcome themselves. Some couples instead choose collaborative divorce, a process in which both spouses and their attorneys commit in writing to resolving the case without going to court, often with the help of neutral financial and mental-health professionals.

Whether a case is handled through traditional negotiation, mediation, or the collaborative model, the large majority of Florida divorces settle rather than going to a contested trial. A signed marital settlement agreement is then presented to the judge and incorporated into the final judgment.

Name restoration and the final judgment

When the case is resolved — by agreement or after trial — the court enters a final judgment of dissolution of marriage. This judgment legally ends the marriage and incorporates the terms governing property, debts, alimony, time-sharing, and child support. A spouse who wants to go back to a former name can request name restoration as part of the divorce, and the court can order it in the final judgment so no separate name-change case is needed.

Some parts of a final judgment are permanent and some are not. Equitable distribution of property is generally final once entered. Ongoing obligations — time-sharing, child support, and most forms of alimony — can be modified later if there is a substantial, material, and unanticipated change in circumstances, because the court keeps continuing jurisdiction over those issues, especially where children are involved.

Frequently asked questions

How long does a divorce take in Florida?

It depends almost entirely on whether the case is contested. A truly uncontested divorce with a signed settlement agreement can be finalized in a matter of weeks. A contested case with disputes over property, alimony, or time-sharing commonly takes several months to well over a year, depending on the county, the complexity, and the court’s schedule.

Do I need a reason to get divorced in Florida?

No. Florida is a no-fault state. Under Fla. Stat. § 61.052 you only need to state that the marriage is irretrievably broken. You do not have to prove that your spouse did anything wrong, and your spouse generally cannot prevent the divorce by refusing to agree that the marriage is broken.

Can I get a Florida divorce if I just moved here?

Not yet. At least one spouse must have lived in Florida for six months before the petition is filed (Fla. Stat. § 61.021). You can prove residency with a Florida driver license, a voter registration, or the testimony of a corroborating witness. If neither spouse has met the six-month requirement, a Florida court cannot grant the divorce.

Do my spouse and I have to share our finances?

Yes, in most cases. Florida’s mandatory disclosure rule (Fla. Fam. L. R. P. 12.285) requires each spouse to file a sworn financial affidavit and exchange documents such as tax returns, pay records, and account statements. The main exception is a simplified dissolution, which waives the right to demand this disclosure.

Is Florida a 50/50 state for property?

Not automatically. Florida uses equitable distribution under Fla. Stat. § 61.075, which starts from the premise of an equal split of marital property but lets a court divide it unequally when fairness requires. Florida is not a community property state, and non-marital property — like pre-marriage assets, inheritances, and gifts kept separate — generally is not divided at all.

Can I still get permanent alimony in Florida?

No. The 2023 reform (SB 1416) eliminated permanent alimony. Under Fla. Stat. § 61.08, the available types are temporary, bridge-the-gap, rehabilitative, and durational alimony. An award is generally capped at the lesser of need or 35% of the difference in the parties’ net incomes, and durational alimony has a defined end date tied to the length of the marriage.

What is a simplified dissolution, and do I qualify?

Simplified dissolution is a faster track for couples with no minor or dependent children, no pregnancy, who both agree the marriage is irretrievably broken, who both waive alimony, and who waive their rights to trial and appeal. Both spouses must attend the final hearing. If you have children, a pregnancy, or any alimony claim, you must use the regular dissolution process.

Can I change my name back in the divorce?

Yes. You can ask the court to restore a former name as part of the dissolution, and the judge can order it in the final judgment. Handling name restoration within the divorce avoids the need for a separate name-change case.

Find a Florida divorce attorney

A divorce shapes your finances, your home, and your relationship with your children for years, and the law keeps changing — the 2023 reforms to alimony and time-sharing are recent examples. A Florida family law attorney can review your facts, explain how Chapter 61 applies to your case, prepare your petition and mandatory financial disclosure, and represent you in mediation or at trial. This guide is general information about Florida law, not legal advice, and speaking with a Florida divorce attorney is the best way to understand how these rules apply to you.