Florida requires a $408 filing fee, a 20-day mandatory waiting period, and 6 months of residency before you can file for dissolution of marriage. An uncontested divorce in Florida typically takes 30 to 90 days from filing to final judgment, while contested cases average 12 to 18 months. This divorce checklist for Florida walks you through every phase — from gathering documents and meeting residency requirements to filing your petition, completing mandatory financial disclosure, and finalizing your judgment. Florida is a no-fault divorce state under Fla. Stat. § 61.052, meaning you only need to prove the marriage is irretrievably broken. Since July 1, 2023, SB 1416 eliminated permanent alimony and established a rebuttable presumption of equal (50/50) time-sharing for minor children under Fla. Stat. § 61.13.
| Key Fact | Detail |
|---|---|
| Filing Fee | $408 (most counties). As of March 2026. Verify with your local clerk. |
| Waiting Period | 20 days from filing (Fla. Stat. § 61.19) |
| Residency Requirement | 6 months for at least one spouse (Fla. Stat. § 61.021) |
| Grounds | No-fault: irretrievably broken (Fla. Stat. § 61.052) |
| Property Division | Equitable distribution with 50/50 starting presumption (Fla. Stat. § 61.075) |
| Mandatory Disclosure | Within 45 days of service (Florida Family Law Rule 12.285) |
| Parenting Plan | Required for all cases with minor children (Fla. Stat. § 61.13) |
| Alimony | No permanent alimony; durational caps based on marriage length (Fla. Stat. § 61.08) |
Confirm You Meet Florida Residency Requirements
At least one spouse must have lived in Florida for a minimum of 6 continuous months before filing a Petition for Dissolution of Marriage under Fla. Stat. § 61.021. Florida courts require documented proof of residency such as a Florida driver's license, state identification card, or voter registration card issued at least 6 months prior to filing. You file in the circuit court of the county where either spouse resides. If both spouses live in different Florida counties, the petitioner (the spouse who files first) may choose to file in their own county or the respondent's county.
Florida does not impose a separation period before filing. You and your spouse may still live in the same household while pursuing dissolution. Military personnel stationed in Florida for 6 or more months also satisfy the residency requirement, even if their legal domicile is another state. If neither spouse meets the 6-month threshold, the court will dismiss the petition without prejudice, allowing you to refile once residency is established.
Gather Personal and Legal Documents
Florida divorce cases require a certified copy of your marriage certificate, government-issued photo identification for both parties, and Social Security numbers for both spouses and all minor children. The circuit court clerk will verify these documents when you file your Petition for Dissolution of Marriage (Form 12.901(b)(1) for cases without children, or Form 12.901(b)(2) for cases with children). You should obtain a certified copy of the marriage certificate from the county where the marriage was recorded or through the Florida Department of Health Bureau of Vital Statistics, which charges $5.00 per certified copy.
Additional personal documents include birth certificates for all minor children, any existing prenuptial or postnuptial agreements, prior court orders (including restraining orders or injunctions), immigration documents if either spouse is not a U.S. citizen, and documentation of any name change requests. If either party has been previously divorced, you will need a copy of the prior divorce decree. Organizing these documents before filing prevents delays that can add weeks to your timeline.
Complete Mandatory Financial Disclosure
Florida Family Law Rule of Procedure 12.285 requires both parties to exchange a comprehensive set of financial documents within 45 days of service of the petition. Failure to comply can result in sanctions including the court striking pleadings, prohibiting financial evidence, awarding attorney's fees to the other party, or holding the non-compliant spouse in contempt of court. Every person going through a Florida divorce must file a Financial Affidavit — Form 12.902(b) (Short Form) for individuals earning under $50,000 per year, or Form 12.902(c) (Long Form) for individuals earning $50,000 or more per year.
The mandatory disclosure package includes federal and state tax returns (with all schedules, W-2s, 1099s, and K-1s) for the last 3 years, pay stubs for the last 3 months, statements for all bank accounts (checking, savings, money market, CDs) for the last 3 months, statements for all investment and retirement accounts (401(k), IRA, brokerage, pension) for the last 12 months, real estate deeds, mortgage statements, and property tax statements, all loan documents and credit card statements, business financial statements and corporate tax returns if either spouse owns a business, and life insurance policies with current cash surrender values.
A sworn Certificate of Compliance must be filed confirming all documents were exchanged. Financial affidavits and child support guidelines worksheets are the only disclosure documents filed directly with the court — all other documents are exchanged between parties only.
Understand Florida Property Division Rules
Florida follows equitable distribution law under Fla. Stat. § 61.075, which begins with a presumption that marital assets and liabilities should be divided equally (50/50) between the spouses. The court may deviate from equal distribution based on 10 statutory factors including each spouse's economic circumstances, the duration of the marriage, career interruptions, contributions to the other spouse's education or career, and intentional dissipation of marital assets within 2 years before or after filing. Only marital property is subject to division — non-marital property (assets acquired before marriage, inheritances, and gifts specifically to one spouse) remains with the owning spouse.
Florida courts require written findings when ordering an unequal distribution. The court will classify each asset and liability as marital or non-marital, assign a value to each marital asset and liability, and then distribute them equitably. Common high-value assets requiring professional valuation include the marital home, retirement accounts (which may require a Qualified Domestic Relations Order), business interests, stock options, and intellectual property. A divorce checklist for Florida should include obtaining formal appraisals for real estate and business valuations before settlement negotiations begin.
| Factor | Contested | Uncontested |
|---|---|---|
| Agreement Required | No — judge decides | Yes — full written agreement |
| Typical Timeline | 12 to 18 months | 30 to 90 days |
| Average Cost | $13,500 to $25,000+ | $1,500 to $5,000 |
| Court Appearances | Multiple hearings | 1 final hearing (or none for simplified) |
| Property Division | Court applies 10 factors under § 61.075 | Spouses agree on division |
| Discovery | Formal interrogatories, depositions | Mandatory disclosure only |
File Your Petition for Dissolution of Marriage
File your Petition for Dissolution of Marriage with the circuit court clerk in the county where you or your spouse resides, paying the $408 filing fee at the time of filing. Florida offers e-filing through the MyFLCourtAccess portal, which is the required method in most counties. If you cannot afford the $408 fee, file an Application for Determination of Civil Indigent Status to request a fee waiver — the clerk will evaluate your income and assets against federal poverty guidelines.
Use Form 12.901(b)(1) if you have no minor or dependent children, or Form 12.901(b)(2) if you have children. The petition must state that the marriage is irretrievably broken under Fla. Stat. § 61.052 and include information about both parties, the date and place of marriage, minor children, property, and the relief you are requesting (property division, alimony, parenting plan, child support). All Florida family law forms are available at flcourts.gov/Services/Family-Courts.
For couples who agree on all terms and have no minor children, Florida offers a Simplified Dissolution of Marriage under Fla. Stat. § 61.043. Both spouses must appear together, waive the 20-day waiting period implicitly by agreement, and submit a signed settlement agreement. The filing fee remains $408 even for simplified dissolutions.
Serve Your Spouse and Navigate the Response Period
After filing the petition, the respondent (your spouse) must be formally served under Florida law. Florida allows service by the county sheriff ($40 average fee), a certified private process server, or service by publication if the respondent cannot be located after diligent search. The respondent has 20 calendar days from the date of service to file an Answer and any Counter-Petition (the counter-petition filing fee is $295). If your spouse fails to respond within 20 days, you may file a Motion for Default under Florida Family Law Rule 12.080.
Once a default is entered, the court may grant the relief requested in your petition without the respondent's participation. However, the court must still ensure that property division, alimony, and child-related provisions comply with Florida law. If the respondent files a Counter-Petition, you have 20 days to file your response to the counter-petition. During this phase, either party may also file motions for temporary relief — including temporary child support, temporary alimony, exclusive use of the marital home, or a temporary parenting plan — under Fla. Stat. § 61.071.
Address Child Custody and Parenting Plans
Every Florida divorce involving minor children requires a court-approved parenting plan that details time-sharing schedules, parental responsibilities, and decision-making authority under Fla. Stat. § 61.13. Since July 1, 2023, Florida law establishes a rebuttable presumption that approximately equal (50/50) time-sharing serves the best interests of the child. This means the court starts from a position of equal time-sharing, and a parent seeking a different arrangement must present evidence demonstrating why 50/50 would be detrimental to the child.
Florida courts evaluate approximately 20 statutory factors when determining the best interests of the child, including each parent's moral fitness, mental and physical health, history of domestic violence, the child's preference (if the child is sufficiently mature), each parent's willingness to encourage a close relationship with the other parent, and the geographic viability of the parenting plan. The parenting plan must include a specific time-sharing schedule covering regular weekdays and weekends, holidays, school breaks, summer vacation, and special occasions such as birthdays.
Florida requires shared parental responsibility as the default, meaning both parents participate in major decisions about education, healthcare, and religious training. Sole parental responsibility is only ordered when shared responsibility would be detrimental to the child. If parents cannot agree on a parenting plan, the court may order mediation before scheduling a contested hearing.
Calculate Child Support and Alimony Obligations
Florida child support follows an income shares model under Fla. Stat. § 61.30, combining both parents' net incomes and applying the statutory guidelines table. For example, for 2 children with combined monthly net income of $10,000, the guideline amount is approximately $1,694 per month, allocated proportionally between parents based on their income share and time-sharing percentage. The court may deviate up to 5% from guidelines without written findings, or more than 5% with specific written justification.
Since the passage of SB 1416 on July 1, 2023, Florida no longer awards permanent alimony. Under revised Fla. Stat. § 61.08, the available alimony types are temporary (during proceedings), bridge-the-gap (up to 2 years for short-term needs), rehabilitative (up to 5 years with a specific plan), and durational. Durational alimony is capped based on marriage length: marriages under 10 years are limited to 50% of the marriage duration, marriages of 10 to 20 years are limited to 60%, and marriages over 20 years are limited to 75%. Alimony cannot exceed the lesser of the recipient's reasonable need or 35% of the difference between the parties' net incomes. Marriages under 3 years receive no durational alimony.
| Marriage Length | Classification | Max Durational Alimony Period | Income Cap |
|---|---|---|---|
| Under 3 years | Very short | Not available | N/A |
| 3 to 9 years | Short-term | 50% of marriage length | 35% of income difference |
| 10 to 20 years | Moderate-term | 60% of marriage length | 35% of income difference |
| Over 20 years | Long-term | 75% of marriage length | 35% of income difference |
Attend Mediation and Court Hearings
Most Florida circuit courts require mediation before scheduling a contested divorce for trial. Mediation costs range from $100 to $300 per hour with a certified Florida Supreme Court mediator, and sessions typically last 3 to 8 hours. If you qualify as indigent, the court may appoint a mediator at no cost. Mediation resolves approximately 70% of contested Florida divorces without a trial, according to the Florida Dispute Resolution Center.
For uncontested divorces where both parties agree on all issues, you will attend a single final hearing lasting approximately 10 to 15 minutes. The judge will review your Marital Settlement Agreement (Form 12.902(f)(1) with children or Form 12.902(f)(2) without children), confirm both parties entered the agreement voluntarily, and enter the Final Judgment of Dissolution of Marriage. The 20-day mandatory waiting period under Fla. Stat. § 61.19 must expire before the court can enter the final judgment, though the court may waive this period if an injustice would result from the delay.
Contested cases proceed through discovery (interrogatories, depositions, requests for production), potential temporary relief hearings, a mandatory case management conference, mediation, and ultimately a trial. Florida circuit courts typically schedule contested divorce trials 12 to 18 months from the initial filing date.
Complete Post-Judgment Steps
After the court enters the Final Judgment of Dissolution of Marriage, you must complete several post-judgment administrative steps within specific deadlines. Record the final judgment with the county recorder in any county where you own real property to update the chain of title. Update your estate planning documents — including wills, trusts, powers of attorney, healthcare surrogates, and beneficiary designations on life insurance policies, retirement accounts, and bank accounts — within 30 days of the final judgment. Under Fla. Stat. § 732.507, divorce automatically revokes any provision in a will that benefits the former spouse, but other beneficiary designations require manual updates.
If the final judgment includes a Qualified Domestic Relations Order (QDRO) for retirement account division, submit the QDRO to the plan administrator within 60 days. Transfer vehicle titles through the Florida Department of Highway Safety and Motor Vehicles. If you requested a name change in the dissolution petition, the final judgment serves as your legal authorization — bring a certified copy to the Social Security Administration, then update your driver's license, passport, bank accounts, and credit cards in that order. Notify the IRS of your status change, as your filing status for the tax year is determined by your marital status on December 31.
Essential Documents Checklist
General Documents:
- Certified copy of marriage certificate (Florida Department of Health, $5.00 per copy)
- Government-issued photo ID for both spouses
- Social Security cards for both spouses and all minor children
- Birth certificates for all minor children
- Prenuptial or postnuptial agreements
- Prior divorce decrees (if applicable)
- Proof of Florida residency (driver's license, voter registration, or utility bills dated 6+ months prior)
Financial Documents:
- Federal and state tax returns for the last 3 years (with W-2s, 1099s, K-1s)
- Pay stubs for the last 3 months
- Bank statements for the last 3 months (all accounts)
- Investment and retirement account statements for the last 12 months
- Real estate deeds, mortgage statements, and property tax records
- Vehicle titles and loan statements
- Credit card statements for the last 3 months
- Business financial statements and corporate tax returns (if applicable)
- Life insurance policies with cash surrender values
- Pension and retirement plan summary plan descriptions
- Debt documentation (student loans, medical bills, personal loans)
Court Forms:
- Petition for Dissolution of Marriage (Form 12.901(b)(1) or (b)(2))
- Financial Affidavit — Short Form 12.902(b) (income under $50,000) or Long Form 12.902(c) (income $50,000+)
- Marital Settlement Agreement (Form 12.902(f)(1) with children or (f)(2) without)
- Parenting Plan (Form 12.995(a)) — required for cases with minor children
- Child Support Guidelines Worksheet (Form 12.902(e))
- Notice of Social Security Number (Form 12.902(j))
- Certificate of Compliance with Mandatory Disclosure (Form 12.932)
Key Deadlines and Timeline
| Event | Deadline | Authority |
|---|---|---|
| Residency requirement met | 6 months before filing | Fla. Stat. § 61.021 |
| Respondent files Answer | 20 days after service | Florida Family Law Rule 12.100 |
| Mandatory financial disclosure | 45 days after service | Florida Family Law Rule 12.285 |
| Earliest final judgment | 20 days after filing | Fla. Stat. § 61.19 |
| Temporary relief motion | Any time after filing | Fla. Stat. § 61.071 |
| QDRO submission to plan administrator | 60 days after final judgment | Plan-specific (recommended) |
| Estate document updates | 30 days after final judgment | Best practice |
| Uncontested divorce (typical) | 30 to 90 days total | Court scheduling dependent |
| Contested divorce (typical) | 12 to 18 months total | Court scheduling dependent |
Florida Divorce Resources
- Florida Courts Self-Help Center — Free legal information and form instructions
- Florida Family Law Forms — Official court forms
- MyFLCourtAccess E-Filing Portal — Required e-filing system
- Florida Bar Lawyer Referral Service — Find a family law attorney
- Florida Partnership to End Domestic Violence — Statewide hotline: 1-800-500-1119
- Florida Dispute Resolution Center — Court-connected mediation information
Frequently Asked Questions
How long does a divorce take in Florida?
An uncontested Florida divorce takes 30 to 90 days from filing to final judgment, with a minimum 20-day waiting period required by Fla. Stat. § 61.19. Contested divorces typically take 12 to 18 months. The simplified dissolution process for couples with no children and full agreement can be completed in as few as 20 to 30 days.
How much does it cost to file for divorce in Florida?
The standard filing fee for a Petition for Dissolution of Marriage in Florida is $408 in most counties. A counter-petition costs $295. Additional costs include process server fees ($40 average), mediation ($100 to $300 per hour), and attorney fees if represented. Total costs for an uncontested divorce range from $1,500 to $5,000, while contested divorces average $13,500 to $25,000 or more.
Can I file for divorce in Florida if I just moved here?
No. Under Fla. Stat. § 61.021, at least one spouse must have resided in Florida for a minimum of 6 continuous months before filing. Proof includes a Florida driver's license, state ID, or voter registration card issued 6 or more months prior to filing. Military personnel stationed in Florida for 6 months qualify.
Does Florida require a separation period before divorce?
Florida does not require a separation period before filing for divorce. You may file as soon as the 6-month residency requirement under Fla. Stat. § 61.021 is met. Spouses can continue living in the same household during the divorce process. The only mandatory waiting period is 20 days between filing and the final judgment under Fla. Stat. § 61.19.
Is Florida a 50/50 divorce state for property?
Florida follows equitable distribution under Fla. Stat. § 61.075, which starts with a 50/50 presumption for dividing marital assets. The court may order an unequal split based on 10 statutory factors including economic circumstances, marriage duration, and asset dissipation. Only marital property is divided — non-marital assets like inheritances and pre-marriage property remain with the owner.
What changed with Florida alimony law in 2023?
SB 1416, effective July 1, 2023, eliminated permanent alimony in Florida entirely and capped durational alimony based on marriage length under Fla. Stat. § 61.08. Short-term marriages (under 10 years) are capped at 50% of the marriage duration, moderate-term (10 to 20 years) at 60%, and long-term (over 20 years) at 75%. Alimony cannot exceed 35% of the income difference between spouses.
How does the new 50/50 custody presumption work in Florida?
Since July 1, 2023, Fla. Stat. § 61.13 establishes a rebuttable presumption that approximately equal (50/50) time-sharing is in the best interests of the child. A parent seeking a different arrangement must present evidence showing that 50/50 time-sharing would be detrimental. The court still evaluates approximately 20 best-interest factors.
What happens if my spouse does not respond to the divorce petition?
If the respondent fails to file an Answer within 20 days of service, the petitioner may file a Motion for Default under Florida Family Law Rule 12.080. After default is entered, the court may grant the relief requested in the petition without the respondent's participation. The court must still ensure that property division, support, and custody terms comply with Florida statutes.
Can I get a fee waiver for my Florida divorce filing fee?
Yes. If you cannot afford the $408 filing fee, file an Application for Determination of Civil Indigent Status with the circuit court clerk. The clerk evaluates your household income and assets against federal poverty guidelines. If approved, the court waives filing fees, service fees, and other court costs. Approximately 15% of Florida dissolution petitions are filed with fee waivers.
Do I need a lawyer to get divorced in Florida?
Florida does not require an attorney for divorce. Self-represented litigants can use official Florida Supreme Court Approved Family Law Forms, available free at flcourts.gov. The Florida Courts Self-Help Center provides free procedural guidance. However, cases involving significant assets, business ownership, custody disputes, or domestic violence benefit substantially from legal representation.