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