Filing for divorce in Florida requires understanding the state’s specific residency requirements, grounds, waiting periods, and property division rules. This comprehensive Florida divorce guide walks you through every step of the process — from meeting eligibility requirements to finalizing your decree. Whether you are considering an uncontested divorce, navigating property division, or understanding your rights, this guide covers the key Florida divorce laws you need to know.
All information verified against Florida statutes and official court resources as of April 2026.
In This Florida Divorce Guide:
Florida Divorce Filing Requirements
Before you can file for divorce in Florida, you must meet these requirements:
| Residency Requirement | At least 6 months — one spouse must have resided in Florida for a minimum of 6 months immediately before filing (Fla. Stat. § 61.021) |
| Filing Fee | $408 |
| No-Fault Grounds | Yes — irretrievable breakdown of the marriage (Fla. Stat. § 61.052) |
| Waiting Period | 20 days — mandatory cooling-off period from the date the petition is filed before a final judgment can be entered (Fla. Stat. § 61.19). A judge may waive or shorten this period for good cause such as domestic violence. |
| Separation Requirement | NONE — Florida does not require spouses to live apart for any period before filing for divorce |
| Property Division | Equitable distribution |
| Uncontested Available | YES — Florida offers a Simplified Dissolution of Marriage procedure |
| Online Filing | YES — Florida has mandatory e-filing for attorneys and optional e-filing for self-represented parties through the Florida Courts E-Filing Portal at myflcourtaccess.com |
Residency: At least one spouse must have been a resident of Florida for At least 6 months — one spouse must have resided in Florida for a minimum of 6 months immediately before filing (Fla. Stat. § 61.021) before filing. You file in the county where either spouse resides.
Florida Fault-Based Divorce Grounds
In addition to no-fault divorce, Florida allows divorce on these fault-based grounds:
- NONE — Florida is a pure no-fault divorce state. The only grounds are (1) irretrievable breakdown of the marriage or (2) mental incapacity of one spouse adjudicated for at least 3 years prior to filing. Traditional fault grounds such as adultery
- cruelty
- or abandonment are not statutory grounds.
Filing on fault grounds may affect property division, alimony, or custody decisions in some Florida courts. However, most divorces in Florida proceed on no-fault grounds because they are simpler and faster.
Step-by-Step Florida Divorce Process
- Meet residency requirements: Confirm you or your spouse has lived in Florida for the required period.
- Prepare your petition: Complete the Petition for Dissolution of Marriage (or equivalent Florida form). Include grounds, requests for property division, custody, and support.
- File with the court: Submit your petition to the circuit/family court in the appropriate county. Pay the filing fee (approximately $408).
- Serve your spouse: Your spouse must be formally served with divorce papers via sheriff, process server, or certified mail (rules vary by Florida county).
- Response period: Your spouse has a set number of days (typically 20-30) to file a response.
- Negotiation/discovery: Spouses exchange financial information and negotiate terms on property, custody, and support.
- Mediation: If required or agreed upon, attend mediation to resolve disputed issues.
- Waiting period: 20 days — mandatory cooling-off period from the date the petition is filed before a final judgment can be entered (Fla. Stat. § 61.19). A judge may waive or shorten this period for good cause such as domestic violence. must pass before the divorce can be finalized.
- Final hearing/decree: The judge reviews and approves the settlement agreement or makes rulings on contested issues. The divorce decree is entered.
Mediation: Florida requires mediation for certain divorce issues before proceeding to trial. Mediation can reduce costs and help spouses reach agreements on property, custody, and support issues.
Parenting class: Florida requires divorcing parents with minor children to complete a court-approved parenting education class. These classes cover the impact of divorce on children and co-parenting strategies.
Florida Property Division
Florida follows equitable distribution for dividing marital property. This does not necessarily mean 50/50 — the court divides assets fairly based on factors including the length of the marriage, each spouse’s income and earning potential, contributions to marital property, and the needs of each party.
Courts begin with a presumption of equal (50/50) distribution of marital assets and liabilities, then adjust based on statutory factors under Fla. Stat. § 61.075 including: (a) contribution of each spouse to the marriage including homemaking and child care, (b) economic circumstances of each party, (c) duration of the marriage, (d) career or educational interruptions of either spouse, (e) contribution to the career or education of the other spouse, (f) desirability of retaining the marital home for dependent children, (g) intentional dissipation, waste, or destruction of marital assets within 2 years before or after filing, (h) contribution to the acquisition, enhancement, and production of income of marital and non-marital assets, (i) desirability of retaining any asset intact and free from claim, and (j) any other factors necessary to do equity and justice. Non-marital (separate) property is set apart to the owning spouse.
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Key assets to consider: Real estate, retirement accounts (401k, pensions, IRAs), business interests, vehicles, investment accounts, debts, and personal property. Some assets may require professional appraisal or a Qualified Domestic Relations Order (QDRO) for retirement account division.
How Long Does Divorce Take in Florida?
Uncontested divorce: 4 to 6 weeks from filing — a simplified dissolution can be finalized as soon as the 20-day waiting period expires if the hearing is promptly scheduled, but scheduling typically makes 30 to 45 days realistic
Contested divorce: 6 months to over 1 year — complex cases involving custody disputes, significant assets, or business valuations can take 1 to 2 years or longer
These timelines are approximate. Court backlogs, complexity of issues, and whether children are involved can significantly affect the actual duration.
Uncontested Divorce in Florida
An uncontested divorce in Florida is available when both spouses agree on all major issues: property division, child custody, child support, and alimony. Both spouses must agree to the simplified dissolution; no minor (under 18) or dependent children together; no adopted children under 18; neither party is pregnant; at least one spouse has resided in Florida for 6 months; both parties agree on division of all assets and liabilities; both parties must appear together at the final hearing; both waive right to trial and appeal
Benefits of uncontested divorce include lower attorney fees, faster resolution, less emotional stress, and greater privacy since contested hearings are public.
Florida Divorce Costs
Divorce costs in Florida vary widely based on complexity:
| Type | Estimated Cost Range |
|---|---|
| Filing Fee | $408 |
| Uncontested (no attorney) | $300 – $1,500 |
| Uncontested (with attorney) | $1,500 – $5,000 |
| Contested (with attorney) | $5,000 – $30,000+ |
| Mediation | $2,000 – $8,000 |
Fee waivers may be available for low-income filers. Contact the court clerk in your county for fee waiver applications.
Additional Florida rules: (1) Florida uses the term “dissolution of marriage” rather than “divorce” in all statutes and court forms. (2) A Simplified Dissolution procedure is available for qualifying couples with no children, streamlining the process significantly. (3) Financial affidavits are required in regular dissolutions but may be waived in simplified dissolutions unless requested by a party. (4) Florida has no statutory provision for legal separation — couples may file for separate maintenance but not a formal legal separation decree. (5) Alimony reform under Fla. Stat. § 61.08 recognizes bridge-the-gap, rehabilitative, durational, and permanent alimony, though recent legislative reforms have limited permanent alimony. (6) The mental incapacity ground (Fla. Stat. § 61.052(1)(b)) requires the incapacitated spouse to have been adjudicated incapacitated for at least 3 years before the petition is filed.
Official Sources & Resources
- Florida Courts: https://www.flcourts.gov
- Legal Aid: https://help.flcourts.gov/legal-services-resources
- Cornell LII — Family Law: law.cornell.edu
- NCSL Divorce Laws: ncsl.org
This Florida divorce guide was last verified against official sources in April 2026. If you notice outdated information, please contact us.