Divorce and Family Law in Florida: A Complete Guide

Divorce and family law touch nearly every part of life — your home, your finances, your retirement, and most importantly your children. Florida has its own rules for ending a marriage, dividing what a couple owns, deciding support, and building a parenting plan. This guide walks through how the major pieces fit together under Florida law, with citations to the statutes that govern each step.

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

Divorce in Florida is called “dissolution of marriage”

Florida law does not use the word “divorce” in its statutes. The formal term is dissolution of marriage, governed by Chapter 61 of the Florida Statutes. The practical effect is the same: a court ends the marriage, divides property and debts, and resolves support and parenting issues. Throughout this guide we use “divorce” and “dissolution” interchangeably because that is how most people talk about it.

Florida is a pure no-fault state. Under Fla. Stat. § 61.052, a court may dissolve a marriage if it finds the marriage is “irretrievably broken,” or in rare cases that a spouse has been mentally incapacitated for at least three years. You do not have to prove adultery, cruelty, or abandonment, and the other spouse generally cannot stop the divorce simply by objecting. Fault can still matter indirectly — for example, when one spouse wasted marital money on an affair — but it is not the ground for the divorce itself.

The residency requirement and where to file

Before a Florida court can dissolve your marriage, at least one spouse must have lived in Florida for six months immediately before filing the petition (Fla. Stat. § 61.021). Courts usually require proof of residency, such as a Florida driver license, a voter registration, or the sworn testimony of a corroborating witness.

You file in the circuit court of the county where either spouse lives. The spouse who files is the “petitioner” and the other is the “respondent.” Filing first carries no special legal advantage on the merits, although it can affect timing and which county hears the case if the spouses live apart.

Contested, uncontested, and simplified divorce

How long and how expensive a Florida divorce becomes depends largely on how much the spouses agree on:

• Uncontested divorce — the spouses agree on every issue (property, support, and parenting) and sign a marital settlement agreement. The court reviews it, and a judge can finalize the case quickly.
• Contested divorce — the spouses disagree on one or more issues. The case moves through disclosure, possibly mediation, and ultimately a trial if no settlement is reached.
• Simplified dissolution — a streamlined track for couples who have no minor children, no pregnancy, no request for alimony, agree on dividing property, and both appear in court. It is faster but waives some rights, such as the right to financial discovery.

For a step-by-step walkthrough of the filing, disclosure, mediation, and trial stages, see How Divorce Works in Florida.

Equitable distribution: dividing property and debt

Florida divides marital property and debts by equitable distribution under Fla. Stat. § 61.075. “Equitable” means fair, not necessarily equal — though the statute begins with the premise that an equal split is appropriate unless there is a justification for an unequal one. Florida is not a community property state, so neither spouse automatically owns exactly half of everything.

The first task is classifying each asset and debt as either marital or non-marital:

• Marital property generally includes assets and debts acquired by either spouse during the marriage, regardless of whose name is on the title — wages, retirement contributions earned during the marriage, a house bought together, and so on.
• Non-marital property generally includes assets owned before the marriage, plus inheritances and gifts to one spouse individually — as long as they were kept separate and not “commingled” with marital funds.

Only marital property gets divided. A judge weighs statutory factors such as each spouse’s contribution to the marriage (including as a homemaker), the length of the marriage, the economic circumstances of each spouse, and whether one spouse intentionally wasted assets. For a deeper look at classification, valuation, and unequal splits, see Florida Equitable Distribution of Property.

Alimony after the 2023 reform

Florida overhauled its alimony law in 2023 (SB 1416), and the change was significant: Florida eliminated permanent alimony. Courts can no longer award support that lasts indefinitely with no defined end. Under Fla. Stat. § 61.08, the remaining forms are:

• Temporary alimony — support paid while the divorce is pending.
• Bridge-the-gap alimony — short-term help with the transition to single life, capped at two years.
• Rehabilitative alimony — support tied to a specific plan to gain education, training, or work experience.
• Durational alimony — support for a set number of years, with the length limited by how long the marriage lasted.

A court first decides whether one spouse has an actual need for support and the other has the ability to pay, then weighs factors like the standard of living during the marriage, each spouse’s age and health, and contributions to the marriage. The reform also generally caps durational alimony at a percentage of the marriage length and addresses how a paying spouse’s retirement can justify modification. Read more in Alimony in Florida After the 2023 Reform.

Time-sharing and parenting plans

Florida abolished the old language of “custody” and “visitation” years ago. Instead, 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 — each parent’s capacity to meet the child’s needs, the stability of each home, the moral fitness and mental and physical health of the parents, the child’s school and community record, and any history of domestic violence, among others. 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 serves the child better.

Courts 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 list of best-interest factors and what a parenting plan must contain, see Time-Sharing and Parenting Plans in Florida.

Child support

Florida calculates child support using an income-shares model under Fla. Stat. § 61.30. The idea is that a child should receive roughly the same proportion of parental income they would have received if the household had stayed together. The court combines both parents’ net incomes, applies a statutory guideline schedule to find the total support obligation, and then divides that obligation between the parents in proportion to their incomes.

The number of overnights each parent has is built into the calculation — when time-sharing is substantially shared, the formula adjusts the amounts. Costs like health insurance for the child and work-related child care are added in and allocated between the parents. Because Florida has no state income tax, the “net income” calculation is somewhat simpler than in many states, though federal taxes and other deductions still apply. See Child Support in Florida for the step-by-step math and the limited circumstances in which a court can deviate from the guideline.

Mediation and how cases usually resolve

Most Florida circuits require divorcing spouses to attend mediation before a contested trial. A neutral mediator helps the spouses try to reach an agreement on some or all issues. Mediation is confidential, and reaching a full agreement lets the couple control the outcome rather than leaving it to a judge. The large majority of Florida divorces settle — whether informally, in mediation, or on the eve of trial — rather than going all the way to a contested final hearing.

Prenuptial and postnuptial agreements

Florida enforces prenuptial agreements under the Uniform Premarital Agreement Act (Fla. Stat. §§ 61.079) and recognizes postnuptial agreements as well. A valid agreement can decide in advance how property will be divided and whether alimony will be paid or waived. To be enforceable, an agreement generally must be in writing, signed voluntarily, and not the product of fraud, duress, or coercion, with appropriate financial disclosure. These agreements often simplify a later divorce dramatically because they remove the property and alimony disputes that take the most time.

Domestic violence and injunctions

Family law in Florida also includes protection from domestic violence. Under Fla. Stat. § 741.30, a person who is a victim of domestic violence — or who has reasonable cause to believe they are in imminent danger — can petition for an injunction for protection (often called a restraining order). These injunctions can be entered quickly on a temporary basis and can address time-sharing, use of the home, and contact between the parties. A pending or final injunction can also affect a parenting plan, because domestic violence is an explicit best-interest factor.

Name changes, paternity, and other family matters

Chapter 61 and related statutes also cover matters beyond divorce. Unmarried parents can establish a parenting plan and child support through a paternity action (Fla. Stat. ch. 742). A spouse can request to restore a former name as part of the divorce. And modifications — of time-sharing, support, or alimony — are available later if there is a substantial, material, and unanticipated change in circumstances. Family law is rarely “final” where children are involved; the court keeps continuing jurisdiction to adjust the parenting plan and support as the children grow.

Frequently asked questions

How long does a divorce take in Florida?

It depends entirely on whether the case is contested. A truly uncontested divorce with a signed settlement agreement can be finalized in a matter of weeks after the mandatory minimum waiting period. 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.

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 allows a court to divide it unequally when fairness requires. 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. Durational alimony has a defined end date, and its maximum length is tied to how long the marriage lasted.

Does Florida favor mothers in custody cases?

No. Florida law is gender-neutral. Decisions about time-sharing and parental responsibility are made under the best-interest factors in Fla. Stat. § 61.13, and a 2023 amendment added a rebuttable presumption that equal time-sharing is in the child’s best interest. The court looks at each parent’s ability to care for the child, not the parent’s gender.

How is child support calculated if we share the kids equally?

The overnight schedule is built directly into the guideline calculation under Fla. Stat. § 61.30. When parents share a substantial number of overnights, the formula adjusts the support amount to reflect that shared time. Even with equal time-sharing, support is rarely zero, because the calculation also accounts for any difference in the parents’ incomes and for costs like health insurance and child care.

Do I have to go to court for a Florida divorce?

Often only briefly, and sometimes not at all in person. Many uncontested divorces are finalized at a short final hearing, and some can even be handled without a contested trial. Contested cases require more court involvement, but the majority still settle before a full trial through negotiation or court-ordered mediation.

Can a divorce order be changed later?

Yes, for 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. The division of property in equitable distribution, by contrast, is generally final once the judgment is entered and is not modifiable.

Find a Florida family law attorney. Family law decisions affect your finances and your children for years, and the statutes described here change with reforms like the 2023 alimony and time-sharing laws. A Florida family law attorney can review your facts, explain how Chapter 61 applies to your case, and help you protect what matters most. This guide is general information, not legal advice.