Florida Statutes Chapter 61 - Dissolution of Marriage

Florida is a pure no-fault divorce state. The only ground required is that the marriage is 'irretrievably broken.' Either spouse can file without proving wrongdoing by the other. Mental incapacity of a spouse for at least 3 years is an alternative ground. If the court finds the marriage is irretrievably broken, it must enter a dissolution judgment.

Effective: 2025

At least one spouse must have lived in Florida for at least 6 months before filing the divorce petition. Residency can be proven with a valid Florida driver's license, voter registration card, or state identification card. Active-duty military members stationed in Florida are presumed residents under §47.081 and may not need the 6-month wait.

Effective: 2025

Provides the key definitions used throughout Florida's divorce law, including 'shared parental responsibility' (both parents retain full rights and make major decisions jointly), 'sole parental responsibility' (one parent makes decisions), 'income' (any form of payment including wages, disability, retirement, dividends), and 'parenting plan' (the governing document for how parents share daily tasks of child-rearing).

Effective: 2025

Florida follows equitable distribution — the court starts with the premise that marital property should be divided equally, then considers factors that may justify an unequal split. Factors include each spouse's contributions to the marriage (including homemaking), the duration of the marriage, each spouse's economic circumstances, interruption of careers, intentional dissipation or waste of assets, and any other factor needed to achieve fairness. The court must classify assets as marital or nonmarital before dividing them.

Effective: 2025

All vested and nonvested retirement benefits accrued during the marriage — including pensions, 401(k)s, profit-sharing, annuities, deferred compensation, and insurance plans — are marital assets subject to equitable distribution. The court order must specify the amount to be distributed in dollars or as a percentage. A Qualified Domestic Relations Order (QDRO) allows tax-free transfer of retirement funds between spouses. Contributions made before the marriage are treated as nonmarital property.

Effective: 2025

Florida follows the Uniform Premarital Agreement Act. Prenuptial agreements must be in writing and signed by both parties, and they take effect upon marriage. A prenup cannot limit a child's right to support. A court can refuse to enforce a prenup if it was not signed voluntarily, was the product of fraud or duress, or was unconscionable at the time of signing without fair financial disclosure. If a prenup eliminates spousal support and that would make one spouse eligible for public assistance, the court may override that provision.

Effective: 2025

Florida uses 'parental responsibility' and 'time-sharing' instead of 'custody' and 'visitation.' There is a rebuttable presumption that equal (50/50) time-sharing is in the child's best interest — to overcome it, a parent must prove by a preponderance of evidence that equal time-sharing is not in the child's best interest. The court must order shared parental responsibility unless it would be detrimental to the child. A mandatory Parenting Plan governs how parents share daily responsibilities. The court evaluates 20 best-interest factors including each parent's willingness to encourage the child's relationship with the other parent, moral fitness, mental and physical health, the child's preference (if mature enough), and each parent's ability to maintain a stable routine.

Effective: 2025

A parent cannot move more than 50 miles from their current residence (for 60+ consecutive days) without either a written agreement from the other parent or court approval. There is no presumption for or against relocation. The relocating parent must file a petition with details including the new address, reasons for the move, and a proposed revised time-sharing schedule. If contested, the court evaluates 11 factors including the child's relationship with each parent, the child's developmental needs, feasibility of preserving the nonrelocating parent's relationship, and whether the move will enhance quality of life. Relocating without compliance subjects the parent to contempt and forced return of the child.

Effective: 2025

Under Florida's adoption of the Uniform Child Custody Jurisdiction and Enforcement Act, a Florida court has temporary emergency jurisdiction if the child is present in the state and has been abandoned, or if emergency protection is necessary because the child or a parent is subjected to or threatened with mistreatment or abuse. The emergency order remains in effect until an order is obtained from the child's home state. Florida courts must communicate with courts in other states to resolve jurisdictional conflicts and protect the child's safety.

Effective: 2025

As of July 1, 2023, Florida eliminated permanent alimony. The court may award four types: temporary (during proceedings), bridge-the-gap (up to 2 years for transitional needs), rehabilitative (up to 5 years with a specific plan), or durational (set period tied to marriage length). Durational alimony caps: short-term marriages (<10 years) capped at 50% of marriage length; moderate-term (10-20 years) at 60%; long-term (20+ years) at 75%. The amount cannot exceed the lesser of the recipient's reasonable need or 35% of the difference between the parties' net incomes. The paying spouse may petition for termination upon reasonable retirement. A recipient's cohabitation in a supportive relationship can reduce or terminate alimony.

Effective: 2025

Florida uses the income shares model — both parents' net monthly incomes are combined, the minimum child support need is determined from a statutory table based on combined income and number of children, and each parent pays their proportional share. Health insurance and uncovered medical costs are added to the base obligation. The court may deviate up to 5% from the guideline amount considering relevant factors. Income may be imputed to a voluntarily unemployed or underemployed parent based on work history and community earning levels. A 10% or $25 difference from guidelines (whichever is greater) constitutes grounds for modification without proving changed circumstances.

Effective: 2025

Either party may seek modification of alimony or child support based on a substantial change in circumstances. The court may increase or decrease support retroactively to the date the modification petition was filed. If the obligor fails to pay, the original court order creates a presumption that the obligor has the present ability to pay — the obligor bears the burden of proving inability. A supportive relationship (cohabitation resembling marriage) can be grounds to reduce or terminate alimony. The court may order modification even if the requesting party has not fully paid accrued obligations.

Effective: 2025

When the court enters an order establishing, enforcing, or modifying alimony or child support (other than a temporary order), it must enter a separate income deduction order directing the obligor's employer to withhold support from wages. Payments are sent to the State Disbursement Unit. Income deduction is the primary enforcement mechanism for support obligations in Florida and is typically effective immediately upon entry of the support order.

Effective: 2025

A divorce or alimony proceeding is started by filing a petition in the circuit court of the county where one spouse resides. The petition initiates the legal process and must be served on the other spouse according to Florida's rules of civil procedure. Both parties are required to provide detailed financial disclosures, including filing a Financial Affidavit within 45 days of service.

Effective: 2025

No final divorce judgment may be entered until at least 20 days after the original petition was filed. This is Florida's mandatory waiting period. However, the court may waive the 20-day period and enter judgment sooner if it finds that injustice would result from the delay. This applies to all types of dissolution proceedings, including simplified dissolutions.

Effective: 2025

Either party may request temporary alimony and suit money (attorney's fees) during the divorce proceedings by including the request in the petition, answer, or a separate motion. If the court finds the request is well-founded, it must allow a reasonable amount. This ensures a financially dependent spouse can afford legal representation and living expenses while the divorce is pending, leveling the playing field before a final decision is made.

Effective: 2025

In any case where parental responsibility, time-sharing, or child support is contested, the court may refer the parties to mediation. All communications during mediation are confidential and exempt from Florida's public records law. Mediation provides an alternative to a full trial and is widely used in Florida family courts to help parents reach agreements on child-related issues without the expense and adversarial nature of litigation.

Effective: 2025

Any person who is a victim of domestic violence (as defined in §741.28) or who has reasonable cause to believe they are in imminent danger may petition the circuit court for a protective injunction. The court may issue an ex parte temporary injunction effective for up to 15 days, with a full hearing scheduled before it expires. Relief can include removing the abuser from the shared residence, establishing temporary time-sharing, and ordering the abuser to attend a batterer's intervention program. Violation of an injunction is a criminal offense under §741.31.

Effective: 2025

Florida's Collaborative Law Process Act (§§61.55–61.58) establishes a voluntary, out-of-court dispute resolution process for divorce and family law matters. Both parties and their attorneys sign a participation agreement committing to resolve issues without going to trial. If the collaborative process breaks down, both attorneys must withdraw and the parties must retain new counsel for litigation. All collaborative law communications are confidential. A court may not order a party to participate in collaborative law against their will.

Effective: 2025

The court may order continued support for an adult child who has a mental or physical incapacity that began before age 18 and requires substantial care. The court considers the child's income and assets, existing needs related to the incapacity, available government programs, and each parent's financial resources. Support cannot be ordered in an amount that would disqualify the child from means-based government benefits like Medicaid. The court may direct payments to a special needs trust to preserve benefit eligibility.

Effective: 2025

In every dissolution proceeding, the court must inform both parties of their right to have their former name restored. If a party requests restoration of a former name, the court must include the name change in the final judgment. Either spouse — not just the wife — may request restoration of a former name as part of the divorce. No separate legal proceeding is needed.

Effective: 2025