Florida Divorce Process:
A Complete Step-by-Step Guide

Divorce is never easy, but understanding the Florida divorce process can significantly ease the journey. At [Your Firm Name], we specialize in guiding Floridians through every stage of a divorce with professionalism, compassion, and clarity. This comprehensive guide outlines each step, document, timeline, and legal aspect involved in dissolving a marriage in the state of Florida.

What You Need to Know Before Filing for Divorce in Florida

Before initiating the Florida divorce process, it's essential to understand Florida’s residency and legal requirements. Florida is a “no-fault” divorce state, meaning that neither spouse must prove wrongdoing to file for divorce.

Residency Requirements

To file for divorce in Florida, at least one spouse must have resided in the state for six months before filing. Proof can be shown through a Florida driver’s license, voter registration, or an affidavit from a third party.

Grounds for Divorce

Florida only requires one of the following grounds:

• Irretrievable breakdown of the marriage (most common)

• Mental incapacity of one spouse for at least three years

Types of Divorce in Florida

Simplified Dissolution of Marriage

This is a streamlined process available to couples who:

• Agree on property division and debts

• Have no minor children and are not pregnant

• Waive the right to a trial or appeal

Regular Dissolution of Marriage

This is the standard route when the couple has disagreements, minor children, or complex financial assets. It can be contested or uncontested, depending on whether both parties agree on key issues.

Step-by-Step Overview of the Florida Divorce Process

1. Filing the Petition for Dissolution of Marriage

The process begins when one spouse (the petitioner) files a Petition for Dissolution of Marriage in the circuit court of the county where either party resides.

Key documents:

• Petition for Dissolution

• Family Law Financial Affidavit

• Notice of Social Security Number

• Certificate of Compliance with Mandatory Disclosure

2. Serving the Divorce Papers

The other spouse (the respondent) must be legally served with the divorce papers. This is typically done through:

• Sheriff’s office

• Certified process server

• Constructive service (if location unknown)

3. Responding to the Petition

The respondent has 20 days to file an Answer or Counterpetition. If they fail to respond, the court may enter a default judgment in favor of the petitioner.

Mandatory Financial Disclosure in Florida

Florida requires both parties to fully disclose financial information, including:

• Income and expenses

• Assets and liabilities

• Bank statements, tax returns, pay stubs, and retirement account information

Failure to comply can result in sanctions or penalties.

Temporary Relief Hearings

Either party may request temporary relief for:

• Child support

• Spousal support (alimony)

• Time-sharing (custody and visitation)

• Exclusive use of the marital home

These hearings can provide stability during the pending divorce process.

Parenting Plan and Time-Sharing (Custody)

Florida no longer uses the term “custody” but instead focuses on “parental responsibility” and “time-sharing.”

A detailed Parenting Plan must be submitted, outlining:

• Living arrangements

• Time-sharing schedules

• Responsibility for education, health, and extracurricular activities

• Communication methods between the child and non-residential parent

The court prioritizes the best interests of the child, as defined in Florida Statutes §61.13.

Child Support Guidelines

Florida follows a standardized child support formula based on:

• Both parents’ incomes

• Number of children

• Time-sharing arrangement

• Healthcare and childcare costs

The Florida Child Support Guidelines Worksheet must be completed and submitted.

Equitable Distribution of Property

Florida follows the principle of equitable distribution, which means marital assets and debts are divided fairly, but not necessarily equally.

Marital property includes:

• Assets and debts acquired during the marriage

• Real estate, retirement accounts, vehicles, and businesses

Non-marital property includes:

• Assets acquired before the marriage

• Inheritances or gifts to one spouse

If spouses can’t agree on how to divide assets, the court will decide.

Alimony in Florida

Alimony, or spousal support, may be awarded based on:

• Length of the marriage

• Standard of living during the marriage

• Financial resources of each party

• Age and physical/emotional condition of each spouse

• Contributions to the marriage (homemaker, child-rearing, education support)

Types of alimony in Florida:

• Temporary

• Bridge-the-gap

• Rehabilitative

• Durational

• Permanent (rare and under review by legislation)

Alimony can be modified or terminated due to substantial changes, such as remarriage or loss of income.

Mediation and Settlement Negotiations

Before trial, Florida courts often require mediation to resolve disputes. This process allows both parties to reach agreements on:

• Property division

• Parenting plans

• Support obligations

A settlement agreement can save time, money, and emotional stress.

Final Hearing and Divorce Judgment

If both parties agree, the court will schedule a final hearing. If the divorce is contested, the case may go to trial, where a judge will decide all unresolved issues.

Upon completion, the court issues a Final Judgment of Dissolution of Marriage, making the divorce official.

Post-Divorce Modifications and Enforcement

Life changes. Florida law allows for modification of:

• Child support

• Alimony

• Time-sharing arrangements

You must show a substantial change in circumstances, such as:

• Job loss or income change

• Relocation

• Medical emergencies

Failure to comply with the court’s order may lead to enforcement actions, including wage garnishment or contempt of court.

How Long Does a Divorce Take in Florida?

Timelines vary depending on the type and complexity of the divorce:

• Simplified divorce: 30–60 days

• Uncontested divorce: 3–6 months

• Contested divorce: 6 months to over a year

How Much Does Divorce Cost in Florida?

Costs vary based on complexity:

• Filing fees: ~$400

• Attorney’s fees: $200–$500 per hour (or more for high-conflict cases)

• Mediation costs, expert witnesses, child custody evaluations, and document preparation can add to the total.

Work with a Trusted Florida Divorce Attorney

The Florida divorce process is filled with legal nuances that impact your rights, finances, and family. We strongly recommend working with an experienced divorce attorney who can:

• Protect your legal interests

• Draft and review agreements

• Represent you in court

• Help reduce conflict and cost

Divorce is not just a legal process—it’s a turning point in your life. Let our team guide you with clarity and strength.