Divorce Laws in Florida:
Comprehensive Legal Guide for 2025

Florida divorce laws are complex, evolving, and highly specific to the unique structure of the state’s legal framework. If you are considering divorce in the state of Florida or are currently navigating through one, it is vital to have a detailed understanding of your rights, responsibilities, and legal procedures under Florida law. This guide provides an exhaustive overview of Florida divorce laws, helping you make informed decisions at every stage.

What Is a Divorce in Florida?

In Florida, divorce is legally termed a “dissolution of marriage.” The state is a “no-fault” divorce state, meaning that the party filing for divorce does not need to prove the other spouse did anything wrong. The only required grounds are that the marriage is irretrievably broken or one spouse has been mentally incapacitated for at least three years.

Residency Requirements for Divorce in Florida

Before filing for divorce in Florida, one of the spouses must have resided in the state for at least six months prior to filing. This is a jurisdictional requirement and must be proven through official documents such as a driver’s license, voter registration, or an affidavit from a third party.

Filing Process for Divorce in Florida

To initiate a divorce, the petitioner must file a Petition for Dissolution of Marriage in the county where either party resides. Once filed, the respondent has 20 days to respond. If both parties agree on all terms, the case is considered uncontested and typically proceeds faster. If disagreements exist, the case is contested and will require mediation or litigation.

Types of Divorce in Florida

1. Simplified Dissolution of Marriage

This is a faster and less expensive option but only available if:

• Both parties agree the marriage is irretrievably broken.

• No children under 18 are involved.

• No pregnancy is present.

• Both parties agree on the division of assets and debts.

• Neither party is seeking alimony.

2. Regular Dissolution of Marriage

This applies when:

• There are minor children involved.

• Alimony or spousal support is sought.

• The couple disagrees on division of assets or debts.

This process involves discovery, financial disclosure, possible mediation, and a trial if needed.

Equitable Distribution of Property in Florida

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

• Length of the marriage

• Economic circumstances of each spouse

• Contributions to the marriage, including homemaking and child-rearing

• Interruption of personal careers or education for the sake of the marriage

• Contributions to the career or education of the other spouse

Marital property includes assets acquired during the marriage, while non-marital property (e.g., inheritances, gifts, or pre-marital assets) generally remains with the original owner unless it was commingled.

Alimony (Spousal Support) in Florida

Florida courts may award alimony based on need and the other party’s ability to pay. Recent reforms have modernized alimony laws, but courts still evaluate:

• Standard of living during the marriage

• Duration of the marriage

• Age and physical/emotional health of both parties

• Financial resources, including non-marital assets

• Earning capacities and employability

• Parental responsibilities, especially with minor children

Types of alimony include:

• Temporary Alimony – granted during the divorce process

• Bridge-the-Gap Alimony – short-term support to transition from married to single life

• Rehabilitative Alimony – for education or training to reenter the workforce

• Durational Alimony – support for a set period, not exceeding the length of the marriage

• Permanent Alimony – rare and typically only in long-term marriages where one spouse cannot become self-supporting

Child Custody and Time-Sharing in Florida

Florida law prioritizes the best interests of the child in custody matters. The term “custody” is replaced by “parental responsibility” and “time-sharing.”

Parental Responsibility

Usually shared parental responsibility is awarded, unless one parent poses a risk to the child. This means both parents have equal decision-making rights in areas like education, health, and religion.

Time-Sharing Schedules

The court creates or approves a parenting plan that details:

• Weekly schedules

• Holiday time-sharing

• Vacation time

• Communication methods

Courts evaluate:

• Emotional ties with each parent

• Capacity to provide a stable environment

• Child’s home, school, and community history

• Mental and physical health of the parents

• Evidence of domestic violence or substance abuse

Child Support Laws in Florida

Child support in Florida is calculated based on the Florida Child Support Guidelines, which consider:

• Gross income of both parents

• Childcare costs

• Health insurance

• Number of overnights with each parent

Support is typically paid until the child turns 18, unless they are still in high school (then up to 19) or have a disability requiring continued support.

Modifying Divorce Orders

Post-divorce, any of the following can be modified if there is a substantial, material, and unanticipated change in circumstances:

• Alimony

• Child support

• Parenting plans and time-sharing schedules

Examples include job loss, relocation, remarriage, or changes in the child’s needs.

Enforcing Divorce Orders

If a party violates a court order regarding alimony, child support, or custody, the other party may:

• File a Motion for Contempt

• Request wage garnishment or property liens

• Seek a court hearing for enforcement

Repeated violations can result in fines, license suspensions, or even jail time in extreme cases.

Divorce Mediation in Florida

Florida courts often require mediation to resolve disputes before trial. Mediation is a confidential, non-binding process that allows both parties to reach agreements with the help of a neutral third party. It can save time, legal costs, and reduce emotional strain.

Domestic Violence and Divorce

If domestic violence is present, the victim may obtain a restraining order (injunction for protection). Courts take allegations of abuse seriously when deciding custody, visitation, and residence arrangements.

Hiring a Florida Divorce Attorney

Divorce cases can become legally and emotionally complex. An experienced Florida divorce attorney can help with:

• Legal strategy and filings

• Asset and debt division

• Child custody negotiations

• Alimony determination

• Protecting your rights

Even in amicable situations, legal counsel ensures that your interests are preserved under the law.

Conclusion: Navigating Divorce in Florida

Understanding Florida’s divorce laws is crucial to making informed decisions that affect your family, finances, and future. Whether your case is simple or highly contested, knowing your rights and obligations empowers you throughout the process.

For more information or legal guidance, consult with a certified Florida family law attorney who can tailor legal advice to your unique situation.