Going through a divorce is one of the most emotionally and financially significant events a person can face. If you live in Florida — or if your spouse does — understanding Florida divorce law is the first and most important step. The rules governing dissolution of marriage in Florida are specific, and making an uninformed decision early in the process can cost you thousands of dollars, time with your children, or rights to marital property.

This guide explains exactly what Florida divorce law requires, walks you through every step of the process, covers the 2023–2026 legal changes to alimony and child custody, and helps you avoid the most common mistakes people make during a Florida divorce filing.

Quick Answer — Featured Snippet

To file for divorce in Florida, at least one spouse must have lived in the state for six months before filing. Florida is a no-fault divorce state — you only need to show the marriage is "irretrievably broken." File a Petition for Dissolution of Marriage in your county's circuit court, serve your spouse, exchange financial disclosures, and either reach a settlement or proceed to trial. An uncontested divorce can be finalized in 4–12 weeks; a contested divorce may take one to two years.

Step-by-Step Guide to Filing for Divorce in Florida

Whether you are considering a simplified divorce in Florida or navigating a complex contested case, the process follows a clear path. Here is exactly what to expect — step by step.

  1. 1 Meet the Residency Requirement
    Either you or your spouse must have lived in Florida continuously for at least six months before filing. Acceptable proof includes a Florida driver's license, state ID, or voter registration card. Military personnel stationed in Florida satisfy this requirement under the same statute.
  2. 2 Choose the Right Type of Divorce
    Florida offers three main paths:
    Simplified Dissolution — no minor children, mutually agreed division.
    Uncontested Divorce — both spouses agree on all issues.
    Contested Divorce — disputes require court intervention.
    See the full divorce process guide for a deeper breakdown.
  3. 3 File the Petition for Dissolution of Marriage
    File with the circuit court in the county where either spouse resides. A filing fee of typically $408 applies. This formally starts the Florida divorce filing process. See our divorce filing process guide for full paperwork details.
  4. 4 Serve Your Spouse (the "Respondent")
    Legally serve the divorce papers via the county sheriff's office or a private process server. Your spouse then has 20 days to file a written response. Failure to respond can result in a default judgment.
  5. 5 Exchange Financial Disclosures
    Both parties must complete a Financial Affidavit (Form 12.902) within 45 days of service, listing income, expenses, assets, and debts — the foundation for property division and alimony decisions.
  6. 6 Attend Mediation (Usually Required)
    Most Florida courts require mediation before trial. A neutral mediator helps negotiate child time-sharing, property division, and spousal support, significantly reducing costs and time vs. going to court.
  7. 7 Complete the Parenting Course (If Children Involved)
    Under Florida Statute § 61.21, both parents must complete a state-approved parenting course of at least 4 hours. This is mandatory before the court issues a final judgment.
  8. 8 Reach a Settlement or Go to Trial
    A full agreement is memorialized in a Marital Settlement Agreement (MSA) submitted for court approval. If disputes remain, a judge decides all unresolved issues at a final hearing or trial.
  9. 9 Receive the Final Judgment of Dissolution
    The judge signs the Final Judgment of Dissolution of Marriage. Under Florida Statute § 61.19, at least 20 days must pass from the filing date before the court can enter this judgment (waivable if the delay would cause injustice).

Key Florida Divorce Laws You Need to Know

Florida Divorce Law at a Glance

  • Governing statute: Florida Statutes Chapter 61 (Dissolution of Marriage; Support; Time-Sharing)
  • No-fault state: Only ground is "irretrievably broken marriage" (§ 61.052)
  • Residency: 6 months minimum for either spouse (§ 61.021)
  • Property division: Equitable distribution — fair, not necessarily 50/50 (§ 61.075)
  • Alimony: Permanent alimony eliminated July 1, 2023 (SB 1416); durational caps apply
  • Child time-sharing: Presumption of 50/50 time-sharing since July 1, 2023 (§ 61.13)
  • Waiting period: No mandatory waiting period, but 20-day minimum from filing to final judgment
  • Financial disclosure deadline: 45 days from service date

No-Fault Divorce in Florida

Florida eliminated fault-based divorce grounds years ago. You cannot file for divorce citing adultery, abandonment, or cruelty. The sole legal ground is that the marriage is "irretrievably broken" — meaning there is no hope of reconciliation. This simplifies the process considerably and reduces emotional conflict in court.

The one narrow exception: a spouse may also seek divorce if the other has been mentally incapacitated for at least three years, as adjudicated by a court.

2023–2026 Florida Divorce Law Changes

Florida passed some of the most significant reforms to family law in decades. If you are filing for divorce now — or considering it — these changes directly affect you:

  • Permanent alimony abolished (SB 1416, effective July 1, 2023): All new alimony awards must now end at a specified date. Duration is capped at 50% of the marriage length for marriages under 20 years, and up to 60–75% for longer marriages.
  • Adultery and alimony: For the first time, adultery can affect alimony if marital funds were spent on an affair partner. Courts may reduce awards to a cheating spouse who wasted marital assets.
  • Presumed 50/50 child time-sharing: Courts now start from a presumption of equal time-sharing. Either parent must demonstrate why deviation is in the child's best interest.
  • Detailed financial records required within 45 days: Both spouses must provide comprehensive financial affidavits; non-compliance can be penalized by the court.
Issue Before July 2023 After July 2023 (Current)
Permanent Alimony Available in long marriages Eliminated
Alimony Cap No strict formula 50–75% of marriage length
Child Time-Sharing Default No default presumption 50/50 presumed
Adultery Effect on Alimony Generally not considered Relevant if marital funds used
Financial Disclosure Deadline Varied by court 45 days from service (mandatory)

Florida Divorce Statistics

Florida consistently ranks among the states with the highest number of divorces annually. Understanding the broader picture helps you know what to expect. For the full statistical picture, read our detailed Florida divorce statistics report.

~70K Divorces in Florida per year
6 mo. Min. residency to file
4–12 wk Uncontested timeline
1–2 yrs Contested divorce timeline

Property Division: How Florida Divides Marital Assets

Florida follows equitable distribution under Florida Statute § 61.075. This means the court divides marital property fairly — not necessarily 50/50. The starting presumption is equal division, but judges adjust based on:

  • Length of the marriage
  • Each spouse's economic circumstances
  • Contributions to the marriage (financial or as a homemaker/caregiver)
  • Whether one spouse intentionally dissipated or wasted marital assets
  • Each spouse's career interruption or educational sacrifice for the other

Marital property includes anything acquired during the marriage — real estate, retirement accounts, bank accounts, business interests. Non-marital (separate) property — like an inheritance or pre-marital assets kept separate — is generally not divided, but it can become "commingled" and subject to division if mixed with marital funds.

Florida Alimony: What You Can Expect in 2026

Under Florida Statute § 61.08, alimony (also called spousal support) is based on the requesting spouse's need and the paying spouse's ability to pay. Since the 2023 reforms, Florida now offers these types of alimony:

Type Purpose Maximum Duration
Bridge-the-Gap Short-term transition from married to single life 2 years
Rehabilitative Helps spouse gain skills/education to become self-supporting Requires written plan; no fixed cap
Durational Support for a set period after shorter/moderate marriages 50% of marriage length (<20 yrs); up to 75% for 20+ yr marriages
Permanent N/A — Eliminated July 1, 2023 No longer available

Alimony also terminates upon the recipient's remarriage or, in some cases, when the recipient cohabitates with a new partner in a "supportive relationship." The 2023 law made it easier to prove cohabitation and terminate or reduce alimony awards.

Child Custody and Time-Sharing in Florida

Florida does not use the word "custody." Instead, the state uses "time-sharing" (physical arrangements) and "parental responsibility" (decision-making authority over education, healthcare, and activities). All decisions are governed by Florida Statute § 61.13.

The 50/50 Presumption

As of July 1, 2023, Florida courts presume that equal (50/50) time-sharing is in the child's best interest. This does not mean equal time is automatic — either parent can present evidence to justify a different arrangement. Factors courts weigh include:

  • Each parent's ability to facilitate a close parent-child relationship
  • Moral fitness of each parent
  • Mental and physical health of each parent
  • Child's school, home, and community records
  • The child's own preference (if mature enough)
  • Evidence of domestic violence or substance abuse

Parenting Plans Are Mandatory

Every divorce involving minor children in Florida requires a court-approved Parenting Plan. It must specify each parent's schedule, how decisions about the child's welfare will be made, and which parent is responsible for daily decisions when the child is in their care.

How Much Does a Divorce Cost in Florida?

Divorce costs in Florida vary enormously depending on whether your case is contested or uncontested, and how complex the financial and custody issues are.

Cost Component Uncontested Contested
Court Filing Fee ~$408 ~$408
Attorney Fees $500 – $3,000 $8,000 – $25,000+
Mediation $300 – $1,000 $1,000 – $3,000
Process Server $50 – $150 $50 – $150
Total Estimated Range $500 – $5,000 $10,000 – $30,000+

The single biggest driver of divorce cost in Florida is whether the case is contested. Choosing mediation, collaborative divorce, or reaching an early settlement can save tens of thousands of dollars in attorney fees alone.

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Common Divorce Mistakes to Avoid in Florida

Even small missteps can have large financial and personal consequences. The following are among the most costly errors people make during a Florida divorce. For a full analysis, read our guide to divorce case mistakes to avoid.

  • Hiding or underreporting assets: Florida courts require complete financial disclosure. Concealing assets is perjury and can result in the judge awarding a larger share to your spouse — or worse, criminal consequences.
  • Posting on social media: Anything you post online can be used as evidence. Avoid statements about finances, new relationships, or your children's living arrangements.
  • Delaying financial preparation: Gather bank statements, tax returns, retirement account statements, and mortgage documents early. Failure to produce them within the 45-day window can prejudice your case.
  • Letting emotions override strategy: Fighting over every issue is expensive. An attorney can help you prioritize what is worth contesting and what is better settled.
  • Not updating estate plans and beneficiaries: A divorce does not automatically remove your ex-spouse from life insurance policies, retirement accounts, or wills in Florida. Update all beneficiary designations immediately after the divorce is final.
  • Assuming 50/50 custody is guaranteed: While courts now presume equal time-sharing, it is still subject to evidence about each parent's fitness. Do not assume; be prepared to demonstrate your parenting involvement.
  • Attempting a DIY divorce in complex cases: Self-filing (pro se) is appropriate only for truly simple uncontested cases with no children, no business interests, and minimal assets. For anything more complex, professional legal help is essential.

Key Takeaways: Florida Divorce Law 2026

  • Florida is a no-fault divorce state — you only need to prove the marriage is "irretrievably broken."
  • At least one spouse must have lived in Florida for 6 months before filing.
  • Permanent alimony is gone — new alimony is capped at 50–75% of marriage length.
  • Courts now presume 50/50 child time-sharing as the default starting point.
  • Both spouses must file a Financial Affidavit within 45 days of service.
  • An uncontested divorce can take as little as 4–12 weeks.
  • Hiring an experienced Florida divorce attorney is the single best investment you can make during this process.

Explore More Florida Divorce Law Resources

Florida divorce law is detailed and nuanced. Whether you're just starting to research your options or ready to file, these related guides from our blog cover every stage of the process:

For official Florida statutes and court forms, visit the Florida Courts Family Law Self-Help Center and the Florida Legislature's Chapter 61 Statutes.

Frequently Asked Questions About Florida Divorce Law

These questions reflect what people search for most often about getting a divorce in Florida.

Yes. Florida is a no-fault divorce state under Florida Statute § 61.052. You do not need to prove adultery, abuse, or any other wrongdoing. The only recognized ground for divorce is that the marriage is "irretrievably broken." This eliminates the need for blame and generally makes the process less contentious.
An uncontested divorce where both spouses agree on all issues can be finalized in 4–12 weeks, depending on the court's calendar. A contested divorce — where a judge must decide disputes — typically takes 12–24 months, and complex cases (businesses, high assets, custody battles) can last longer.
No. Florida has no mandatory separation period before filing for divorce. You can file as soon as the 6-month residency requirement is met, regardless of whether you are still living with your spouse. Couples can continue sharing a home while a divorce is pending.
Florida uses equitable distribution under Florida Statute § 61.075. Marital property — everything acquired during the marriage — is divided fairly, starting from a presumption of 50/50. Courts adjust based on factors like marriage length, each spouse's financial situation, contributions (financial or as caregiver), and whether either spouse wasted marital assets. Separate property (inheritances, pre-marital assets kept distinct) is not divided unless commingled.
Alimony is not automatic in Florida. Courts weigh one spouse's financial need against the other's ability to pay. The 2023 reform (SB 1416) eliminated permanent alimony. Current types include bridge-the-gap (max 2 years), rehabilitative, and durational alimony capped at 50% of the marriage's length for shorter marriages. Longer marriages (20+ years) may qualify for up to 75% of the marriage duration in durational support.
The marital home is subject to equitable distribution. Courts consider whether children live there, each spouse's ability to afford the home on a single income, and whether one spouse contributed more to its purchase or upkeep. Common outcomes include one spouse buying out the other, selling the home and dividing proceeds, or deferred sale until children finish school.
An uncontested divorce means both spouses agree on all terms — property, alimony, and child arrangements. It is faster (weeks instead of months), far less expensive, and less emotionally draining. A contested divorce means the court must decide one or more disputed issues, requiring hearings, evidence, and potentially a trial. Contested divorces can cost $10,000–$30,000 or more in legal fees.
Florida uses the terms "time-sharing" (physical placement) and "parental responsibility" (legal decision-making) instead of "custody." Since July 2023, courts presume that 50/50 time-sharing is in the child's best interest. Either parent can rebut this presumption with evidence. All decisions are guided by the child's best interests under Florida Statute § 61.13, and a court-approved Parenting Plan is required for all divorces involving minor children.
Costs in Miami and Orlando are comparable to Florida averages. Uncontested divorces typically cost $500–$5,000 including filing fees, process server, and basic attorney assistance. Contested cases in these metro areas commonly run $15,000–$35,000 or more due to higher attorney hourly rates. Browse local attorneys for Miami and Orlando through our city directory: Miami divorce lawyers and Orlando divorce lawyers.
You are not legally required to hire an attorney for a Florida divorce, but it is strongly recommended for anything other than the simplest uncontested case. A family law attorney ensures your rights are protected, financial disclosures are complete, the settlement is fair, and any Parenting Plan serves your children's best interests. Even for uncontested divorces, a one-time attorney review of your agreement can prevent costly errors.

Find a Qualified Florida Divorce Lawyer Today

Every divorce situation is unique. The best step you can take right now is consulting with an experienced Florida divorce attorney who understands the 2023–2026 law changes and can guide you through property division, alimony, and child time-sharing with confidence.

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