Divorce Laws in Florida

Under Florida Statute § 61.052, the only ground for divorce is that the marriage is "irretrievably broken." Florida eliminated fault-based divorce grounds — you cannot file for divorce based on adultery, abandonment, or cruelty. This no-fault standard simplifies proceedings: you do not need your spouse's consent, and you do not need to prove marital misconduct.

Florida courts may order counseling or a 3-month period of reflection if both parties request it, or if there are minor children and the court believes reconciliation is possible. However, if one spouse maintains the marriage is irretrievably broken, the court will proceed with dissolution.

The practical effect of no-fault divorce is that fault is generally irrelevant to the divorce itself, though it may be considered in alimony determinations under § 61.08(1) if the marital misconduct is financially relevant (e.g., dissipation of marital assets). Florida courts have held that emotional cruelty or infidelity alone does not affect equitable distribution awards.

Under Florida Statute § 61.021, at least one spouse must have been a Florida resident for at least 6 months immediately before filing the petition for dissolution. Residency is established by a Florida driver's license, voter registration, or a sworn statement from a Florida resident who knows you.

Military personnel stationed in Florida satisfy the residency requirement under the same statute. If neither spouse meets the 6-month requirement, you cannot file in Florida and must wait until the requirement is met or file in another qualifying jurisdiction.

Residency determines where you can file — it is not the same as domicile. Even if you own property in Florida, you cannot file for divorce here without meeting the 6-month residency requirement.

Florida uses equitable distribution under Florida Statute § 61.075, which divides marital property fairly — but not necessarily 50/50. The court starts with a presumption of equal distribution and may adjust based on factors including the contribution of each spouse to the marriage, economic circumstances, the duration of the marriage, and whether one spouse intentionally dissipated marital assets.

Marital property includes assets and liabilities acquired during the marriage, regardless of which spouse's name is on the title. Separate property — assets owned before marriage, or received as a gift or inheritance during the marriage and kept separate — is generally not subject to division.

Under § 61.075(1)(f), the court considers intentional dissipation, waste, depletion, or destruction of marital assets after the marriage broke down. If one spouse ran up credit card debt or liquidated retirement accounts in anticipation of divorce, the court may award a larger share to the other spouse to offset that waste.

Florida law requires both parties to file a Financial Affidavit (Florida Family Law Form 12.902) within 45 days of service. These affidavits disclose income, expenses, assets, and liabilities and are the foundation of equitable distribution determinations.

Florida Statute § 61.08 authorizes several types of alimony based on need and ability to pay. Effective July 1, 2023, Senate Bill 1416 eliminated permanent alimony in Florida. Only time-limited forms remain:

- Bridge-the-gap alimony: Short-term support (maximum 2 years) to help a spouse transition from married to single life. Cannot be modified. - Rehabilitative alimony: Supports a spouse in gaining skills or education to become self-supporting. A specific rehabilitative plan is required. Limited to 5 years. - Durational alimony: Provides support for a set period based on marriage length. For short-term marriages (under 10 years): maximum 50% of marriage length. For moderate-term marriages (10-20 years): maximum 60% of marriage length. For long-term marriages (over 20 years): maximum 75% of marriage length. Durational alimony cannot be awarded for marriages under 3 years.

Courts consider the standard of living during the marriage, the duration of the marriage, each party's financial resources, earning capacities, contributions to the marriage, and the obligee's need. Adultery of either spouse is now a permissible factor in determining alimony amount. Upon finding a "supportive relationship" (cohabitation with a new partner), the court must reduce or terminate alimony. The paying spouse may apply for modification based on retirement no sooner than 6 months before planned retirement.

Florida Statute § 61.13 governs time-sharing and parental responsibility. Florida does not use the term "custody" — instead, it uses "time-sharing" (physical) and "parental responsibility" (legal decision-making). Courts are required to create a parenting plan that specifies each parent's schedule and how decisions about the child's education, healthcare, and extracurricular activities will be made.

Florida law (§ 61.13(3)) presumes that equal time-sharing is in the best interest of the child, effective July 1, 2023. This does not mean equal time-sharing is automatic — courts can deviate from equal time-sharing based on factors including each parent's demonstrated capacity to facilitate a close parent-child relationship, the moral fitness of each parent, the child's preference (if mature enough), and the stability of each home environment.

Courts may order a social investigation or parenting evaluation if there are significant disputes about parenting fitness.

The Florida divorce process begins with one spouse filing a Petition for Dissolution of Marriage in the circuit court of the county where either spouse resides. Florida uses standardized family law forms (available at flcourts.gov) for uncontested divorces.

After filing, the other spouse must be served with the petition and has 20 days to file an Answer. Both parties must exchange Financial Affidavits and mandatory disclosures (bank statements, tax returns, retirement account statements) within 45 days of service.

If the divorce is uncontested (parties agree on all issues), you can proceed by default or by filing a Marital Settlement Agreement. The court will schedule a final hearing, typically brief, to approve the agreement and enter the Final Judgment of Dissolution.

Contested divorces go through mediation (required in most Florida circuits) before trial. If mediation fails, the case proceeds to a family court judge who will decide all unresolved issues.

Filing fees for a dissolution of marriage in Florida vary by county but typically range from $400 to $500, with an additional fee if there are minor children. You can look up your county's exact fees at your county clerk's website or the Florida Courts website at flcourts.gov.

If you cannot afford the filing fee, you may file a Motion to Defer Filing Fees (Florida Family Law Form 12.902(a)). Additional costs may include: process server fees ($40-$75), mandatory mediation ($200-$350 per party), and attorney's fees if represented.