Filing for divorce in Florida requires meeting specific legal requirements, paying a filing fee of approximately $408 to the circuit court clerk, and navigating a process that takes a minimum of 20 days for uncontested cases. Florida operates as a no-fault divorce state under Fla. Stat. § 61.052, meaning you only need to prove the marriage is irretrievably broken rather than establishing fault. This comprehensive 2026 guide covers every step of the Florida divorce filing process, from residency requirements to final judgment.
Key Facts: Florida Divorce at a Glance
| Requirement | Details |
|---|---|
| Filing Fee | $408-$409 (plus $10 summons fee) |
| Waiting Period | Minimum 20 days from filing |
| Residency Requirement | 6 months for at least one spouse |
| Grounds for Divorce | Irretrievably broken (no-fault) or mental incapacity |
| Property Division | Equitable distribution (fair, not necessarily equal) |
| Alimony Types | Bridge-the-gap, rehabilitative, durational (permanent eliminated 2023) |
| Child Custody Presumption | Equal time-sharing presumption under 2023 reforms |
Florida Residency Requirements for Divorce
Under Fla. Stat. § 61.021, at least one spouse must have resided in Florida for a minimum of 6 months immediately before filing the petition for dissolution of marriage. Florida courts require this residency period to establish proper jurisdiction over your divorce case. You can prove residency through a valid Florida driver's license, voter registration card, or affidavit from a third party confirming your residence.
The 6-month residency requirement applies to only one spouse, not both. If your spouse is a Florida resident but you are not, you may still file for divorce in Florida based on your spouse's residency status. Military service members stationed in Florida may use their time stationed in the state toward the residency requirement under Fla. Stat. § 61.021(2).
Florida courts will dismiss your case without prejudice if you cannot demonstrate proper residency at the time of filing. The petition must include allegations regarding residency, and the court may require corroborating evidence at the final hearing. You must file in the circuit court of the county where either you or your spouse resides.
Understanding Florida's No-Fault Divorce System
Florida is a pure no-fault divorce state, meaning you do not need to prove your spouse did anything wrong to obtain a divorce. Under Fla. Stat. § 61.052, the only ground required is that the marriage is irretrievably broken. Your spouse cannot prevent the divorce simply by contesting this allegation. Florida eliminated traditional fault grounds such as adultery, cruelty, and abandonment decades ago in favor of this streamlined approach.
The irretrievably broken standard requires only that one spouse believes the marriage cannot be saved. Florida courts will not force couples to remain married against their will. If both parties agree the marriage is over, the court will grant the dissolution. If one party contests that the marriage is irretrievably broken, the court may order counseling but will ultimately grant the divorce if reconciliation proves unsuccessful.
The second and rarely used ground for divorce is mental incapacity under Fla. Stat. § 744.331. This requires proving the spouse has been adjudged mentally incapacitated for at least 3 years prior to filing. This ground requires substantial medical evidence and is used in less than 1% of Florida divorce cases.
Step-by-Step Process to File for Divorce in Florida
Filing for divorce in Florida involves preparing and filing specific legal documents, paying required fees, serving your spouse, and attending court hearings. The process takes a minimum of 20 days for an uncontested divorce but typically ranges from 3 to 12 months depending on complexity. Here is the complete step-by-step process to file for divorce in Florida.
Step 1: Determine Which Type of Divorce Applies
Florida offers two main pathways for divorce: simplified dissolution and regular dissolution. Simplified dissolution using Form 12.901(a) is available only when both spouses agree on all terms, have no minor children, neither spouse is pregnant, neither party seeks alimony, and both are willing to waive their rights to trial and appeal. Both spouses must attend the final hearing together.
Regular dissolution is required when you have minor children, when one spouse seeks alimony, when you cannot agree on property division, or when your spouse refuses to participate. Most Florida divorces proceed as regular dissolutions because they accommodate the typical complexities of ending a marriage.
Step 2: Complete Required Forms
For a regular dissolution, you will need to complete the Petition for Dissolution of Marriage (Form 12.901(b)(1) with children or Form 12.901(b)(2) without children). Additional required forms include the Family Law Financial Affidavit (short form 12.902(b) for income under $50,000 annually, or long form 12.902(c) for income over $50,000), and the Notice of Social Security Number (Form 12.902(j)).
If you have children, you must also file a Uniform Child Custody Jurisdiction and Enforcement Act Affidavit (Form 12.902(d)), a parenting plan (Form 12.995), and child support guidelines worksheet (Form 12.902(e)). All forms are available free from the Florida Courts website at flcourts.gov.
Step 3: File Your Petition with the Circuit Court Clerk
File your completed petition and supporting documents with the Clerk of the Circuit Court in the county where you or your spouse resides. The filing fee for dissolution of marriage in Florida is approximately $408-$409, plus an additional $10 for issuance of a summons. Fee amounts are set by the Florida Legislature and may vary slightly by county as of March 2026. Verify current fees with your local clerk before filing.
If you cannot afford the filing fee, you may apply for indigent status using the Application for Determination of Civil Indigent Status. Approval waives filing fees but does not cover other costs such as service of process or mediation fees.
Step 4: Serve Your Spouse
After filing, you must formally serve your spouse with copies of the petition and summons. Florida law requires service by a sheriff, certified process server, or court-approved method. Your spouse has 20 days to file a written response after being served. Service by mail is not permitted for the initial petition.
If your spouse agrees to the divorce, they may waive formal service by signing a Notice of Service of Process form acknowledging receipt of the documents. This speeds the process and reduces costs. If you cannot locate your spouse after diligent search, you may request service by publication in a local newspaper.
Step 5: Wait for Response and Complete Discovery
Your spouse has 20 days to file an Answer to the petition. If they fail to respond within this timeframe, you may request a default judgment. If your spouse files a response or counterpetition, the case proceeds to discovery, where both parties exchange financial documents and other relevant information.
Florida Rule of Family Law Procedure 12.285 requires mandatory disclosure of income, assets, debts, and expenses within 45 days of service. This includes tax returns for the past 3 years, bank statements, retirement account statements, and real property documents. Failure to provide complete disclosure can result in sanctions.
Step 6: Attend Mediation if Required
Florida courts require mediation in most contested divorce cases before trial. Mediation costs typically range from $150 to $400 per hour, with sessions lasting 2 to 8 hours. Many counties require mediation certification from a Florida Supreme Court-certified mediator. Mediation allows couples to resolve disputes privately rather than having a judge decide.
If you have children, Florida law strongly encourages parents to create a parenting plan through mediation. Courts favor agreements reached by parents over court-imposed custody arrangements. Approximately 70% of Florida divorce cases settle at or before mediation without requiring a trial.
Step 7: Attend Final Hearing
Once all issues are resolved through agreement or court ruling, you will attend a final hearing before a judge. For uncontested divorces, this hearing typically lasts 10 to 15 minutes. The judge will review your settlement agreement, ask questions to verify both parties understand and agree to the terms, and enter the Final Judgment of Dissolution of Marriage.
Florida's 20-day waiting period under Fla. Stat. § 61.19 means no final judgment can be entered until at least 20 days after filing the original petition. The court may waive this period only upon a showing that injustice would result from the delay, which is rare in practice.
Florida's 20-Day Waiting Period Explained
Under Fla. Stat. § 61.19, no final judgment of dissolution of marriage may be entered until at least 20 days have elapsed from the date of filing the original petition. This waiting period begins when you file your petition, not when your spouse is served. Florida's 20-day period is among the shortest in the nation compared to California's 6-month waiting period or New York's requirement that agreements be filed 1 year before judgment.
The court may shorten this waiting period upon a showing that injustice would result from the delay. In practice, waivers are granted only in unusual circumstances such as imminent military deployment to a combat zone, time-sensitive real estate transactions, or documented emergencies. Most Florida divorces exceed the 20-day minimum due to procedural requirements for service, response periods, and scheduling final hearings.
Property Division in Florida Divorces
Florida follows equitable distribution principles under Fla. Stat. § 61.075, meaning marital property is divided fairly but not necessarily equally. Courts begin with the premise that distribution should be equal (50/50) unless relevant factors justify an unequal division. Non-marital property (assets owned before marriage or received as gifts or inheritance during marriage) remains with the original owner.
The court considers multiple factors when dividing property including: each spouse's contribution to the marriage (including homemaking and childcare), each spouse's economic circumstances, the duration of the marriage, either spouse's interruption of career or education, either spouse's contribution to the other's career development, the desirability of retaining the marital home for children, and either spouse's intentional dissipation of marital assets within 2 years of filing.
Florida courts value marital assets as of the filing date or the date specified in a separation agreement. The cutoff date for classifying assets as marital or non-marital is established under Fla. Stat. § 61.075(6) as the earliest of: the date of a valid separation agreement, a date specified in that agreement, or the petition filing date.
Alimony in Florida After 2023 Reform
Florida significantly reformed its alimony laws through SB 1416, signed June 30, 2023, which eliminated permanent alimony and imposed new caps on durational alimony. Under the revised Fla. Stat. § 61.08, courts may award three types of alimony: bridge-the-gap (maximum 2 years), rehabilitative (maximum 5 years), and durational alimony with specific caps based on marriage length.
Durational Alimony Caps by Marriage Length
| Marriage Length | Maximum Duration |
|---|---|
| Less than 3 years | Not available |
| 3-10 years (short-term) | 50% of marriage length |
| 10-20 years (moderate-term) | 60% of marriage length |
| Over 20 years (long-term) | 75% of marriage length |
The amount of durational alimony cannot exceed the lesser of the recipient's reasonable need or 35% of the difference between the parties' net incomes. Courts consider factors including the standard of living during the marriage, duration of the marriage, each party's age and health, each party's financial resources, earning capacities, and contributions to the marriage.
The 2023 reform also added provisions regarding supportive relationships (formerly called cohabitation), giving courts authority to reduce or terminate alimony when the recipient enters a supportive relationship with another person. The reform codified retirement as a basis for modifying alimony, allowing the paying spouse to petition for modification no sooner than 6 months before planned retirement.
Child Custody and Parenting Plans
Florida law presumes that equal time-sharing (50/50 custody) is in the best interests of the child under Fla. Stat. § 61.13. This rebuttable presumption, strengthened in 2023, means courts will order equal time-sharing unless a parent proves by a preponderance of the evidence that equal time-sharing is not in the child's best interest. Florida no longer uses the terms custody or visitation in favor of parental responsibility and time-sharing.
Courts evaluate 20 factors under Fla. Stat. § 61.13(3) when determining parenting arrangements, including: each parent's capacity to facilitate the child's relationship with the other parent, the demonstrated capacity to provide consistent routines, each parent's moral fitness and mental and physical health, the child's reasonable preference (when the child is of sufficient maturity), evidence of domestic violence, and each parent's demonstrated knowledge of the child's needs.
Every Florida divorce with minor children requires a parenting plan that addresses time-sharing schedules, how parents will share daily responsibilities, methods for communicating about the child, and how parents will make major decisions regarding education, healthcare, and extracurricular activities. Courts strongly prefer parenting plans created by the parents over court-imposed arrangements.
Child Support Calculations in Florida
Florida calculates child support using the income shares model under Fla. Stat. § 61.30, which estimates what parents would have spent on the child if the family remained intact and divides that amount proportionally based on each parent's income. Both parents' gross monthly incomes are combined, the guidelines amount for that income level is determined from statutory tables, and each parent's share is calculated based on their percentage of combined income.
Adjustments to the basic support obligation include: childcare costs necessary for employment or education, health insurance premiums for the child, non-covered medical and dental expenses, and the parenting time adjustment when the paying parent has substantial time-sharing (more than 73 overnights annually). The court may deviate from guideline amounts up to 5% without written findings or more than 5% with specific written justification.
Modification of child support requires demonstrating a substantial change in circumstances resulting in at least a 15% or $50 difference (whichever is greater) between the current order and the guideline amount. Either parent may petition for modification when circumstances change significantly, such as job loss, substantial income increase, or changes in the child's needs.
Average Timeline and Costs for Florida Divorce
Uncontested divorces in Florida typically take 30 to 90 days from filing to final judgment when both parties cooperate and agree on all terms. Contested divorces involving disputes over property, alimony, or children can take 6 to 18 months or longer. Complex cases with substantial assets, business valuations, or custody disputes may extend beyond 2 years.
Average Divorce Costs in Florida
| Cost Category | Uncontested Range | Contested Range |
|---|---|---|
| Filing fees | $408-$419 | $408-$419 |
| Service of process | $40-$75 | $40-$150 |
| Attorney fees | $0-$3,000 | $10,000-$50,000+ |
| Mediation | $0-$800 | $1,500-$5,000 |
| Expert witnesses | $0 | $2,000-$15,000 |
| Total estimated | $500-$4,000 | $15,000-$75,000+ |
The total cost of divorce in Florida depends heavily on whether the case is contested and how complex the issues are. Couples who reach agreements independently or through mediation pay significantly less than those requiring trial. Attorney fees vary widely based on experience, location, and case complexity, with Miami and other major metropolitan areas typically commanding higher rates.
Filing for Divorce Online in Florida
Florida courts require electronic filing (eFiling) for most documents through the Florida Courts E-Filing Portal at myflcourtaccess.com. All attorneys and most self-represented litigants must use the eFiling system to submit petitions, motions, and other court documents. The portal accepts credit card payments for filing fees and provides tracking for submitted documents.
Online divorce services and document preparation companies can help you complete the required forms for $150 to $500, but these services are not a substitute for legal advice. The completed documents must still be filed through the official eFiling portal or in person with the circuit court clerk. Self-represented litigants (pro se parties) should use the Florida Courts Self-Help website at flcourts.org for approved forms and instructions.
Frequently Asked Questions About Florida Divorce
How long does it take to get a divorce in Florida?
The minimum time to finalize a divorce in Florida is 20 days from filing under Fla. Stat. § 61.19. In practice, uncontested divorces typically take 30 to 90 days, while contested cases average 6 to 18 months. Cases involving complex property division, custody disputes, or business valuations may take 2 years or longer to resolve.
How much does it cost to file for divorce in Florida?
The filing fee for divorce in Florida is approximately $408-$409 depending on the county, plus an additional $10 for issuance of a summons. As of March 2026, verify exact fees with your local circuit court clerk. If you qualify as indigent, you may have filing fees waived. Total divorce costs range from under $1,000 for simple uncontested cases to $50,000 or more for contested divorces requiring trial.
Can I get a divorce in Florida if my spouse refuses to sign?
Yes, you can obtain a divorce in Florida even if your spouse refuses to sign or participate. Florida is a no-fault divorce state, and your spouse cannot prevent the divorce by refusing to cooperate. If your spouse fails to respond within 20 days of being served, you may request a default judgment. The divorce will proceed, though contested issues will require court hearings.
Do I need a lawyer to file for divorce in Florida?
No, Florida law does not require you to have a lawyer to file for divorce. Many people successfully complete uncontested divorces without legal representation using forms from the Florida Courts website. However, if you have children, significant assets, retirement accounts, real estate, or disputes with your spouse, consulting with a family law attorney can protect your interests and avoid costly mistakes.
How is property divided in a Florida divorce?
Florida divides marital property through equitable distribution under Fla. Stat. § 61.075. Courts begin with the presumption of equal (50/50) division but may award an unequal distribution based on factors including the duration of the marriage, each spouse's contributions, and either spouse's waste of marital assets. Non-marital property (owned before marriage or received as inheritance or gift) stays with the original owner.
What happens to the house in a Florida divorce?
The marital home may be awarded to one spouse (with offset for the other's equity share), sold with proceeds divided, or retained by one spouse who buys out the other's interest. If minor children are involved, courts consider whether retaining the home serves the children's best interests. The court has broad discretion in determining how to handle the marital home under Florida's equitable distribution statute.
How is child custody determined in Florida?
Florida presumes equal time-sharing (50/50 custody) is in the child's best interest under Fla. Stat. § 61.13. Courts evaluate 20 statutory factors focused on the child's welfare, including each parent's ability to facilitate the child's relationship with the other parent, the stability of each home, and any history of domestic violence. Parents are required to submit a parenting plan addressing time-sharing and decision-making.
How is alimony calculated in Florida?
Following the 2023 alimony reform, Florida courts may award bridge-the-gap alimony (up to 2 years), rehabilitative alimony (up to 5 years), or durational alimony capped at 50-75% of the marriage length depending on duration. The amount cannot exceed the recipient's reasonable need or 35% of the difference between the parties' net incomes. Permanent alimony was eliminated effective July 1, 2023.
Can I change my name during the divorce?
Yes, you can request restoration of your former name (maiden name or prior married name) as part of your divorce case. Include this request in your petition for dissolution, and the final judgment will include an order restoring your previous name. This is the simplest way to legally change your name and does not require a separate name change petition.
What if my spouse is hiding assets?
Florida's mandatory disclosure rules require both spouses to provide complete financial information under penalty of perjury. If you suspect hidden assets, your attorney can use discovery tools including interrogatories, requests for production, subpoenas to financial institutions, and depositions. Intentional dissipation or concealment of marital assets within 2 years of filing can result in an unequal distribution favoring the innocent spouse.
When to Consult a Florida Divorce Attorney
While simple uncontested divorces can be completed without an attorney, legal representation is strongly recommended when your case involves minor children and custody disputes, significant assets or debts, business ownership or professional practices, retirement accounts or pensions requiring division, allegations of domestic violence, a spouse who has an attorney, complex property issues such as real estate in multiple states, or disagreements about alimony. A qualified Florida family law attorney can protect your rights and help you navigate complex legal issues.
Reviewed by Antonio G. Jimenez, Esq. | Florida Bar No. 21022 | Last updated: March 2026
This guide provides general information about filing for divorce in Florida and should not be considered legal advice. Divorce laws change, and each case involves unique circumstances. Consult with a qualified Florida family law attorney for advice specific to your situation.