updated September 1, 2023 · 6min read
In Florida, divorce is called a dissolution of marriage. For any married couple, this will sever the marital relationship, and divide assets and debts. If one spouse cannot be self-supporting, the issue of alimony may arise. Child custody and support will be decided if there are children.
To file for dissolution in Florida, you or your spouse must be a resident of Florida for at least six months. If your spouse is a Florida resident, you will file in the Circuit Court of the county where your spouse lives. If your spouse does not live in Florida, file in the county where you live.
Florida offers a Simplified Dissolution Procedure, which may be completed in as little as three weeks (depending upon the court’s docket backlog). The simplified procedure is available if:
You begin by filing either a Petition for Simplified Dissolution of Marriage or a Petition for Dissolution of Marriage in the Circuit Court. In the simplified procedure, or an uncontested divorce procedure if you have children), you, and maybe your spouse, will be need to attend a court hearing. The judge will ask some questions, to be sure you understand and agree to everything, and will enter either a Final Judgment Dissolving Marriage Under Simplified Procedure or a Final Judgment Dissolving Marriage.
Grounds are legally recognized reasons to get a dissolution and sever the marital relationship. Florida has what is commonly called no-fault grounds for dissolution. You need to state in the Petition that: “The marriage between the parties is irretrievably broken,” or “The Respondent is mentally incompetent.” These are the only grounds for dissolution in Florida.
In dividing property and debts, each party may keep his or her non-marital property, which is:
If the judge must divide the property, he or she will begin with the assumption of equal distribution, but may consider:
Absent an agreement between the parties, in a request for alimony the court will first determine (1) whether the party seeking alimony has a need for alimony, and (2) whether the other party has the ability to pay alimony. In practice, alimony is not typically awarded unless the parties have been married for at least ten years. If it is determined that alimony is appropriate, the judge will decide the amount and duration of alimony by considering the following factors:
The terms parental responsibility, parenting time, and time-sharing are now used in Florida. According to Florida child custody laws, if you and your spouse cannot reach an agreement on custody, the judge will make a decision based on the following factors:
The Florida child support guidelines and tables are contained in Section 61.30 of the Florida Statutes, which may be available from your court clerk, and is also available from the Florida Senate’s website.
LegalZoom’s online divorce service is an inexpensive way to file for divorce if you and your spouse agree on most major issues. Otherwise, you can talk to an attorney for advice or help filing for divorce through the LegalZoom personal legal plan.
by Edward A. Haman, Esq.
Edward A. Haman is a freelance writer, who is the author of numerous self-help legal books. He has practiced law in H...
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