Divorce in Florida

Overview of Florida Divorce Law

Florida is a no-fault divorce state, meaning the only ground required is that the marriage is “irretrievably broken.” You do not need to prove adultery, cruelty, or any other misconduct to obtain a divorce. The court also recognizes mental incapacity of a spouse (for at least three years) as an alternative ground, though this is rarely used.

Florida’s streamlined approach to grounds makes filing relatively straightforward, but the financial and custody aspects of divorce can still be complex, particularly given the state’s equitable distribution rules and recent alimony reforms.

Residency and Filing Requirements

At least one spouse must have been a Florida resident for six months before filing. There is no county residency requirement — you can file in the county where either spouse lives. Florida imposes a 20-day waiting period from the date the petition is filed, one of the shortest in the nation.

For couples with no minor children, no pending pregnancy, and complete agreement on all terms, Florida offers a Simplified Dissolution of Marriage procedure that allows both spouses to appear together and finalize the divorce quickly, sometimes in a single court appearance.

Equitable Distribution: How Florida Divides Assets

Unlike community property states, Florida follows equitable distribution, meaning the court divides marital assets and liabilities in a manner that is fair — but not necessarily equal. The starting point is an equal split, but the judge can deviate based on factors including:

• Duration of the marriage
• Economic circumstances of each spouse
• Contributions to the marriage (including homemaking and child-rearing)
• Interruption of career or educational opportunities
• Desirability of retaining the marital home for children
• Intentional dissipation or destruction of marital assets
• Any other factor necessary to achieve equity

Marital property includes assets and debts acquired during the marriage, regardless of whose name they are in. Non-marital property — assets owned before marriage, gifts, inheritances, and items designated by valid agreement — generally stays with the owning spouse.

Alimony in Florida

Florida law recognizes several types of alimony:

• Temporary alimony — awarded during the divorce proceedings to maintain the status quo
• Bridge-the-gap alimony — short-term support (up to 2 years) to help a spouse transition to single life
• Rehabilitative alimony — supports a spouse while they gain education or training to become self-sufficient
• Durational alimony — awarded for a set period following a short- or moderate-term marriage
• Permanent alimony — reserved for long-term marriages (17+ years) where one spouse cannot meet their needs

Recent legislative reforms in Florida have placed stricter limits on permanent alimony and introduced more specific guidelines for duration and amount. Courts weigh factors such as the standard of living during the marriage, each spouse’s financial resources and earning capacity, and the length of the marriage.

The Florida Divorce Process

1. Filing the Petition — One spouse files a Petition for Dissolution of Marriage with the circuit court and pays the filing fee.
2. Serving the Other Spouse — The petition must be formally served. The responding spouse has 20 days to file an answer.
3. Mandatory Disclosure — Both parties must provide complete financial affidavits and supporting documents within 45 days of service.
4. Mediation — Florida courts require mediation for most contested divorces before trial. Mediation has a high success rate in Florida family courts.
5. Parenting Course — If minor children are involved, both parents must complete a state-approved parent education course.
6. Trial (if needed) — Unresolved issues go before a judge. Florida does not use juries in divorce cases.
7. Final Judgment — The court enters a Final Judgment of Dissolution of Marriage, which can be as soon as 20 days after filing if all conditions are met.

When to Consult an Attorney

Florida’s equitable distribution system gives judges significant discretion in dividing assets, making outcomes less predictable than in community property states. An experienced Florida divorce attorney is particularly valuable when the marriage involves substantial assets, business interests, pension or retirement accounts, or disagreements over child custody and alimony. Attorney guidance can also help you determine whether the simplified dissolution procedure is appropriate for your situation.