Ending a marriage in Florida follows a defined path: meet the residency requirement, file a petition, exchange financial information, try to settle (often through mediation), and finalize the case by agreement or after a trial. This guide explains how that process works step by step under Florida’s dissolution-of-marriage statutes.
This is general legal information, not legal advice. The right approach for your case depends on your facts. For the broader picture of how divorce fits with property division, alimony, and parenting, see our overview of Divorce and Family Law in Florida.
Step 1: Meet the residency requirement
Before you can file, at least one spouse must have lived in Florida for six months immediately before filing the petition (Fla. Stat. § 61.021). Courts typically expect proof of residency, such as a Florida driver license issued before the six-month mark, a voter registration card, or the testimony of a witness who can confirm your residence. Without satisfying this requirement, a Florida court lacks the authority to dissolve the marriage.
Step 2: File the petition for dissolution
The divorce begins when one spouse — the petitioner — files a Petition for Dissolution of Marriage in the circuit court for the county where either spouse lives. Florida is a no-fault state, so the petition simply alleges that the marriage is irretrievably broken (Fla. Stat. § 61.052); you do not plead or prove wrongdoing. The other spouse — the respondent — must be formally served and generally has 20 days to file an answer, and often a counter-petition raising their own requests.
Florida offers a streamlined simplified dissolution for couples who have no minor or dependent children, are not expecting a child, do not seek alimony, and agree on dividing their property and debts. It is faster but requires both spouses to appear and to waive certain rights, including financial discovery and a trial.
Step 3: Exchange mandatory financial disclosure
Florida requires both spouses to exchange detailed financial information under the mandatory disclosure rule (Florida Family Law Rule of Procedure 12.285). Each party files a financial affidavit and produces supporting documents — tax returns, pay stubs, bank and retirement statements, and a list of assets and debts. This disclosure is the foundation for dividing property under equitable distribution, setting alimony, and calculating child support. Hiding assets can lead to serious consequences, including reopening the property division.
Step 4: Temporary orders, if needed
While the case is pending, either spouse can ask the court for temporary relief — for example, temporary alimony, temporary child support, a temporary time-sharing schedule, or exclusive use of the marital home. These orders keep the family stable during the months a divorce can take and remain in place until the final judgment replaces them. Temporary alimony is one of the four forms of support recognized under Fla. Stat. § 61.08.
Step 5: Mediation and settlement
Most Florida circuits require contested cases to attend mediation before trial. A neutral, court-approved mediator helps the spouses negotiate a resolution. Mediation is confidential, and anything said in the session generally cannot be used later in court. If the spouses reach agreement on all issues, they sign a marital settlement agreement (and a parenting plan if there are children), which the court can then incorporate into the final judgment. Settling lets the couple control the outcome rather than leaving the decisions to a judge, and the great majority of Florida divorces resolve this way.
Step 6: Trial, if the case does not settle
If some issues remain in dispute, the case proceeds to a final hearing or trial before a circuit judge. Each side presents evidence and testimony on the contested issues — how to divide marital property under Fla. Stat. § 61.075, whether alimony is appropriate under Fla. Stat. § 61.08, and what time-sharing arrangement serves the child’s best interests under Fla. Stat. § 61.13. The judge then issues a final judgment of dissolution resolving every remaining issue.
Step 7: The final judgment
The case ends when the judge signs the final judgment of dissolution of marriage. That judgment legally ends the marriage and sets out the binding terms for property, debts, support, and parenting. Some obligations — time-sharing, child support, and most alimony — can be modified later if there is a substantial, material, and unanticipated change in circumstances. The division of property, however, is generally final once entered.
Parenting class for divorces with children
If the divorcing couple has minor children, Florida requires both parents to complete a state-approved Parent Education and Family Stabilization Course before the final judgment is entered (Fla. Stat. § 61.21). The course covers the effects of divorce on children, co-parenting, and conflict resolution. It is typically a few hours long and can often be completed online. The court will generally not finalize a divorce involving children until both parents file proof of completion.
How property, support, and parenting come together
A Florida divorce resolves several distinct legal questions at once, and each has its own statute. The court divides marital property and debts under the equitable distribution rules of Fla. Stat. § 61.075; it decides whether one spouse owes the other support under the alimony statute, Fla. Stat. § 61.08; and, when children are involved, it approves a parenting plan under Fla. Stat. § 61.13 and sets child support using the income-shares guideline in Fla. Stat. § 61.30. Although these issues are decided together in one case, they are governed by different rules, which is why a thorough financial disclosure is so important — it feeds every one of these calculations. You can read more about each in Florida Equitable Distribution of Property, Alimony in Florida, Time-Sharing and Parenting Plans, and Child Support in Florida.
What a divorce costs and how to keep it down
The cost of a Florida divorce is driven mostly by conflict. Court filing fees are modest and set by statute, but attorney fees rise with every contested issue and every hearing. The fastest, least expensive path is an uncontested divorce with a negotiated marital settlement agreement, which avoids extended discovery and trial. Where there is conflict, mediation is usually far cheaper than litigating to a final hearing. In some cases, a court can order one spouse to contribute to the other’s attorney fees under Fla. Stat. § 61.16 when there is a disparity in the spouses’ financial resources, so a lower-earning spouse is not shut out of legal representation.
Common mistakes to avoid
A few missteps cause repeated problems in Florida divorces. Failing to provide complete financial disclosure can lead the court to reopen the property division and can damage a party’s credibility. Moving a child more than 50 miles without following the relocation statute can result in an order to return the child. And dissipating marital assets — draining accounts or running up debt — can lead a court to award an unequal share of property to the other spouse. Approaching the process honestly and with good records almost always leads to a smoother, less costly outcome.
Frequently asked questions
How long does a Florida divorce take?
An uncontested divorce with a signed settlement can finalize within a few weeks after the case is filed and served. A contested divorce involving disputes over property, alimony, or time-sharing typically takes several months to more than a year, depending on the county and the complexity of the issues.
Can my spouse stop the divorce?
Generally no. Because Florida is a no-fault state, one spouse cannot keep the marriage intact simply by objecting. Under Fla. Stat. § 61.052, the court can dissolve the marriage once it finds the marriage is irretrievably broken, even over the other spouse’s disagreement.
Do both spouses have to appear in court?
It depends. A simplified dissolution requires both spouses to appear. In an uncontested case with a settlement agreement, often only a brief final hearing is needed, and sometimes the matter can be concluded without a contested trial. Contested cases involve more court appearances, but most still settle before trial.
What is mandatory disclosure?
Under Florida Family Law Rule 12.285, both spouses must exchange financial affidavits and supporting documents such as tax returns, pay stubs, and account statements. This disclosure underlies the division of property, the calculation of support, and any alimony award. Failing to disclose assets honestly can have serious consequences.
Find a Florida family law attorney. The dissolution process has firm deadlines and detailed disclosure requirements, and a misstep can cost you. A Florida family law attorney can guide you through each stage and protect your interests. This guide is general information, not legal advice.