Divorce in Florida (2026)

Florida’s Simplified Dissolution of Marriage

Florida offers a distinctive fast-track divorce option that most other states lack: the Simplified Dissolution of Marriage, codified in Florida Statutes Section 61.079. This streamlined procedure allows qualifying couples to finalize their divorce quickly — sometimes in a single court appearance — without the need for formal discovery, mandatory waiting beyond the standard 20 days, or separate service of process.

To qualify for simplified dissolution, the couple must meet all of the following criteria:

• Both spouses agree that the marriage is irretrievably broken
• There are no minor or dependent children of the marriage, and the wife is not pregnant
• Both spouses have completely agreed on the division of all assets and liabilities
• Neither spouse is seeking alimony
• Both spouses are willing to appear together before the clerk and the judge

Both parties must file a joint petition and attend a hearing together. Because the process waives the right to trial, appeal, and further discovery, both spouses must fully understand the terms of their agreement before filing. Courts in most Florida circuits can schedule simplified dissolution hearings within weeks of filing, making it one of the fastest paths to divorce in the country.

For couples who do not meet these criteria — particularly those with children, alimony disputes, or property disagreements — the standard dissolution process applies. For a detailed look at how this procedure works in practice, see our guide on Florida’s simplified dissolution.

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.

Filing fees range from approximately $400 to $410 depending on the county, though fee waivers are available for those who qualify based on income.

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. For a detailed analysis of how Florida courts weigh these factors, see our guide on equitable distribution factors in Florida.

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

Florida eliminated permanent alimony for all new cases filed after July 1, 2023 under SB 1416. Prior to this reform, permanent alimony was available for long-term marriages; it is no longer an option. Courts weigh factors listed in Florida Statutes Section 61.08, such as the standard of living during the marriage, each spouse’s financial resources and earning capacity, contributions to the marriage including homemaking and career support, and the length of the marriage. The 2023 reform also added a provision that adultery may be considered when determining alimony, including its financial impact.

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.

Typical timelines in Florida range from 1 to 3 months for uncontested cases to 6 months to 2 years for contested divorces.

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.

Frequently Asked Questions

What are the residency and waiting period requirements for a Florida divorce?

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

Is Florida a community property or equitable distribution state?

Florida follows equitable distribution. 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 the duration of the marriage, each spouse’s economic circumstances, homemaking contributions, and any intentional dissipation of marital assets.

What types of alimony does Florida award after the 2023 reform?

Florida eliminated permanent alimony for all new cases filed after July 1, 2023 under SB 1416. The remaining types are bridge-the-gap alimony (up to 2 years, not modifiable), rehabilitative alimony (requires a specific plan), and durational alimony (capped at 50% of marriage length for short-term, 60% for moderate-term, and 75% for long-term marriages of 20+ years).

What is Florida’s Simplified Dissolution procedure?

For couples with no minor children, no pending pregnancy, and complete agreement on all terms, Florida offers a Simplified Dissolution of Marriage under Florida Statutes Section 61.079 that allows both spouses to appear together and finalize the divorce quickly, sometimes in a single court appearance.

What is a simplified dissolution and do I qualify?

Florida’s simplified dissolution is a fast-track divorce option for couples who have fully resolved all issues. You qualify if there are no minor children, the wife is not pregnant, neither spouse seeks alimony, and both spouses agree on how to divide all property and debts. Both parties must file jointly and appear in court together. This procedure waives the right to trial, appeal, and discovery, so both spouses should fully understand the terms before filing. Many circuits schedule hearings within weeks.

How This Guide Was Researched

This guide was developed through a detailed review of Florida Statutes Chapter 61, particularly Sections 61.001 through 61.19 (dissolution of marriage), Section 61.08 (alimony), and Section 61.079 (simplified dissolution). The 2023 alimony reform provisions were verified against the enrolled text of SB 1416. Court procedures and timelines were confirmed through the Florida Courts family law self-help portal, official Florida Family Law Forms, and Florida Bar Family Law Section publications. Filing fees were cross-referenced with multiple circuit court clerk offices across the state.

Sources and Legal References

This guide draws on the following Florida statutes and official resources:

• Florida Statutes Section 61.052 — Dissolution of marriage (no-fault grounds, irretrievable breakdown)
• Florida Statutes Section 61.075 — Equitable distribution of marital assets and liabilities
• Florida Statutes Section 61.079 — Simplified dissolution of marriage
• Florida Statutes Section 61.08 — Alimony (as amended by SB 1416, effective July 1, 2023)
• Florida Statutes Section 61.30 — Child support guidelines schedule

Official Florida Resources

• Florida Courts — Family Courts Self-Help Information
• Florida Courts — Dissolution of Marriage
• Florida Family Law Forms

For more about how we research our guides, see our editorial policy and sources methodology.

Related Guides

Florida-Specific Guides

• Equitable Distribution Factors in Florida
• Florida’s Simplified Dissolution
• Florida’s 2023 Alimony Reform
• Child Custody in Florida
• Child Support and Alimony in Florida

National Guides

• No-Fault Divorce Explained
• Complete Guide to Divorce
• Contested vs. Uncontested Divorce
• How Much Does Divorce Cost?