How to File for Divorce in Florida

In Florida, the legal term for divorce is “dissolution of marriage.” This process severs the marital relationship and divides assets and debts. It determines alimony if one spouse cannot be self-supporting, as well as child custody and support if there are children. These issues can also make filing for divorce in Florida more complicated if you and your spouse don’t agree on them. It’s important to understand the steps involved and when you might need an attorney.

 

Florida divorce laws

You need to meet the Florida divorce requirements before you’re eligible to dissolve your marriage, the biggest ones being that you must be a resident of the state and have grounds for divorce.

Residency requirements

To file for divorce in Florida, you or your spouse must be a resident for at least six months. 

You can use a few different documents you can use to prove you’re a resident:

• A Florida driver’s license or state ID card
• Your state or federal tax filings
• A utility bill showing your name and Florida address

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. 

Grounds for divorce

Grounds for divorce are legally recognized reasons to get a dissolution of marriage. 

Florida only allows no-fault grounds for divorce. You simply need to state in the divorce papers that the marriage is irretrievably broken or one spouse is mentally incapacitated. These are the only two grounds for divorce in the state, neither of which assign fault to either partner.

Florida divorce laws allow for two types of divorce: simplified and regular dissolution. A simplified dissolution is a quicker, more straightforward legal process, but a regular dissolution might be needed in certain situations.

Simplified dissolution of marriage

Florida offers a simplified dissolution procedure, which may be completed in as little as three weeks (depending upon the court’s backlog).

The simplified procedure is available in the following instances:

• You and your spouse agree that the marriage is irretrievably broken
• You have no dependent or minor children together, or if you do, then you and your spouse agree on child support and custody arrangements
• The wife is not pregnant
• You and your spouse agree on the division of marital funds, property, and debt
• You and your spouse both sign the court papers and attend the final court hearing

You begin by filing a Petition for Simplified Dissolution of Marriage in the circuit court. In the simplified procedure, you (and maybe your spouse) will need to attend a court hearing. The judge will ask some questions to be sure you understand and agree to everything and will enter a Final Judgment Dissolving Marriage Under Simplified Procedure.

Regular dissolution of marriage

Under Florida law, you’ll need to file for a regular dissolution of marriage if any of the following apply to you:

• You have dependent or minor children and no agreement on child support or custody
• You and your spouse have disputes over key issues like marital assets
• One spouse wants alimony (spousal support)

Regular dissolution can be more complex and lengthy. It’s divided into two categories:

• Uncontested divorce. If you have children or one spouse wants alimony, but you agree on all major issues, including child custody, property division, and the amounts of child support and alimony, you still need to use the regular process. This is because the court needs to approve your marital settlement, even if you both agree on it. 
• Contested divorce. If you disagree on one or more of the major issues, you need to use the regular process so you can sort out your disagreements. Court hearings, a mediation process, or even a trial might be required.

In a regular dissolution, couples must go through the standard legal process, which includes filing the petition, serving papers, and financial disclosures. Although not as simple as the simplified process, an uncontested regular divorce is still faster and less expensive than a contested one.

How to get a divorce in Florida in 6 steps

Most divorces follow a straightforward process, but it depends on how long each of these steps takes.

Step 1: Consult a divorce attorney

While hiring a Florida divorce attorney isn’t required, it is highly recommended. A skilled attorney can advocate for your interests and help you navigate the often-confusing divorce process. They can also give you advice and help you assert your rights when it comes to child custody, property division, and alimony. The bottom line is that an attorney can give you peace of mind that the process is fair.

Step 2: Prepare and file the petition

You’ll start the divorce process with the most important Florida divorce form: the Petition for Dissolution of Marriage. It outlines the grounds for divorce, your requests for child custody, division of assets, alimony, and other related matters. File the petition with the court clerk in the county where you or your spouse resides. 

Step 3: Serve divorce papers

The next step is to officially serve the papers. This is a legal process that means the papers must be handed directly to your spouse. In an uncontested divorce, if the non-filing spouse signs a Waiver of Service, they don’t need to be served. Otherwise, you’ll have to serve your spouse using a third party such as the sheriff's office or a private process server.

You also have to serve the papers within 120 days of filing your divorce petition, and your spouse has 20 days to respond. If you can’t locate your spouse, you might be able to get approval from the court to publish notice of the divorce filing in a local newspaper instead of serving them.

Step 4: Financial disclosure

Within 45 days of serving the divorce petition, each party must fill out a family law financial affidavit, which is a legal statement with basic information about your income, assets, debts, and expenses. These statements help the court determine how to fairly divide marital assets and calculate alimony and child support payments.

Step 5: Negotiate and settle

Now it’s time for both parties to negotiate agreements on issues such as property, child custody and support, and alimony. This is where having a good Florida divorce attorney can really come in handy. Ideally, you’ll reach a settlement out of court to prevent stress and keep control of the outcome—if it goes to trial, a judge will decide. Under a simplified dissolution of marriage, you’ll skip this step, because you and your spouse already agree on these things.

Step 6: Final hearing and judgment

If you reach a settlement, the court will schedule a final hearing to review and approve the agreement. If approved, the court will issue a Final Judgment of Dissolution of Marriage, which is a legal document that outlines the rules for dividing assets, child custody, alimony, and child support that each party must follow.

After the judgment has been issued, your divorce is official.

How much does divorce in Florida cost?

The cost of a divorce in Florida averages anywhere from $5,000 to $12,000 for a dissolution that doesn’t involve a trial. It can vary based on a number of factors:

• Your attorney’s fees. Family law attorneys in Florida charge about $344 per hour, which can add up. Attorneys have the liberty to set their own rates, so some may charge more or less than others.
• Type of divorce. Contested divorces are inherently more expensive. If you have to negotiate issues like property division or spousal support, or enter into a mediation process, costs will go up. On the other hand, you might be able to file an uncontested divorce online, which can reduce your costs.
• Whether you go to trial. A trial can be a long, complex process. Your attorney will be there every step of the way—which is good, but can end up being costly.

 One fee is universal to all types of Florida divorces: It costs about $400 to file your Petition for Dissolution of Marriage in Florida. There can also be other small fees throughout the process. You may be able to request a fee waiver if you can demonstrate financial need.

Property division in Florida

In a Florida divorce, property and debts are divided between the spouses. Each party may keep his or her nonmarital property:

• Property acquired prior to the marriage
• Property acquired by inheritance or non-spousal gift
• Income generated by nonmarital assets (unless treated as a marital asset)
• Assets and debts designated as non-marital by valid written agreement

If the judge must divide the property, he or she will begin with the assumption of equal distribution, but may consider the following:

• Contributions to the marriage, like the care and education of the children and services as homemaker
• The economic circumstances of each spouse, including their income, assets, and debts
• The length of the marriage
• Whether one party interrupted a career or educational opportunity or contributed to the other’s career or education
• Whether one party wants to keep an asset, like an interest in a business, free from claims by the other
• How each spouse contributed to the production of income and both marital and nonmarital assets
• Whether it makes sense for the marital home to stay with the spouse who has primary custody of any children
• If one spouse wasted, destroyed, or misused assets either before or after filing the petition
• Any other factors necessary to be fair and just for both parties

Alimony in Florida

In Florida, alimony is when the higher-earning spouse in a marriage pays the other spouse a certain amount of money after divorce. Absent an agreement between the parties, in a request for alimony the court will determine whether the party seeking alimony needs it, and whether the other party has the ability to pay it.

 If it is determined that alimony is appropriate, the judge will decide the amount and duration of alimony by considering the following factors:

• The standard of living during the marriage
• The duration of the marriage (alimony is not typically awarded unless the parties have been married for at least 10 years)
• The age and the physical and emotional condition of each party
• The financial resources of each party
• Each party’s earning capacity, educational level, vocational skills, and employability
• How long it might take each party to be able to find appropriate employment
• The contribution of each party to the marriage, including homemaking, child care, and career building
• The responsibility of each party to any minor or dependent children, especially a child with a mental or physical disability

It’s important to note that alimony and child support aren’t the same thing, and the court will hear arguments for them separately. However, alimony can affect the amount of child support the court awards. This is because the court takes alimony into account when calculating income. The person who pays the alimony will therefore have a lower income after alimony is deducted, while the person receiving it will have a higher income. These income amounts will affect how much child support is owed.

Child custody issues and support in Florida

Many people researching how to get divorced in Florida have children to consider—and it’s likely that Florida dissolution proceedings will involve negotiations over custody and support. According to Florida law, if you and your spouse cannot reach an agreement on custody, the judge will make a decision based on several factors.

The parent-child relationship

Judges prioritize the quality of the relationship between each parent and the child, along with how responsibilities will be shared. They’ll look at the following:

• The ability of each parent to have a continuing parent-child relationship
• The ability of each parent to honor the time-sharing schedule and be reasonable about changes
• The anticipated division of parental responsibilities after the dissolution of marriage
• Each party’s ability to put the needs of the child first

Stability and environment

The stability of the child’s living environment and maintaining consistency are essential for their well-being, so a judge will consider:

• How long the child has lived in a stable environment and how important it is to maintain continuity
• The viability of the parenting plan based on where each parent lives
• Whether the child has a good home, school, and community record

Parental fitness

Parental fitness can be one of the most debated parts of the Florida dissolution process. Here’s what judges will consider:

• The moral character of the parents
• The mental and physical health of the parents
• The ability of each parent to meet the child’s developmental needs
• Each party’s ability to maintain a substance-free environment
• Evidence of domestic violence, sexual violence, child abuse, abandonment, or neglect
• Evidence that either parent has knowingly provided false information to the court
• Each party’s willingness to protect the child from the litigation

Parental involvement

Judges assess how involved each parent is in the child’s life and their ability to communicate effectively by looking at the following:

• The division of parental responsibilities before and during the dissolution of marriage
• Each party’s ability to provide a consistent routine and be involved in the child’s activities
• Each party’s ability and willingness to communicate with the other parent about the child
• Each party’s awareness of the child’s friends, teachers, medical providers, daily activities, and favorite things

The court might also take into account the preference of the child if they’re old enough to understand the proceedings.

Child support

For Florida child support payments, you can find the guidelines in Section 61.30 of the Florida Statutes, which may also be available from your court clerk.

Essentially, the amount of child support is based on the income of both the higher-earning and lower-earning spouse. If one spouse didn’t work, the court will calculate their likely earnings if they had been working. Then, the court uses a fee schedule to calculate the minimum amount of child support due.

There are other factors that may come into play, but the idea is to ensure that the child support amount is fair, reflecting the child’s best interests and the parents’ financial abilities.

Still wondering how to file for divorce in Florida? Our online divorce service can help you determine if you meet Florida divorce requirements and prepare your family law forms and other necessary paperwork. Divorce doesn’t have to be a long, drawn-out process. We’ll provide easy-to-follow instructions so you can start your next chapter with peace of mind.

FAQs

What forms do I need to file for divorce in Florida?

You need to file a Petition for Dissolution of Marriage along with various additional forms, including financial affidavits, a marital settlement agreement (if applicable), and a parenting plan if children are involved.

What is the waiting period for divorce in Florida?

Florida requires a minimum waiting period of 20 days from the date of filing the divorce petition before the court can grant a final judgment of dissolution of marriage. This helps the parties make sure the marriage is irretrievably broken.

How long does it take to get a divorce in Florida?

The duration of a divorce in Florida varies, but typically takes three to six months for an uncontested divorce. Contested divorces can take much longer, sometimes over a year.

Can I change my name during the divorce process?

Yes, you can request a Florida name change during the divorce process. You must include this request in your divorce petition, and the court will grant the name change in the final judgment. 

Edward A. Haman, Esq. contributed to this article.