A divorce, legally termed a “dissolution of marriage” in Florida, is the court process that terminates a marriage. This legal action resolves all facets of the marital relationship, including the division of property and matters concerning minor children, according to state law.
Eligibility for a Florida Divorce
The first legal prerequisite is a residency requirement. At least one of the spouses must have resided in Florida for a continuous six-month period immediately before filing for divorce.1Justia. Florida Statutes § 61.021 (2024) – Residence requirements. Proof of residency is necessary and can be established with a valid Florida driver’s license, a state identification card, or the sworn testimony of a third party.
The second requirement involves the legal grounds for the divorce. Florida is a “no-fault” state, which means a spouse does not need to prove wrongdoing like adultery or abandonment to end the marriage. The primary ground is that the marriage is “irretrievably broken.”2FindLaw. Florida Statutes Title VI. Civil Practice and Procedure § 61.052 A less common alternative is the mental incapacity of one spouse, which requires a formal court adjudication of incompetence for at least three years prior to filing.
Understanding Key Aspects of a Florida Divorce
One of the primary issues is the division of assets and liabilities. Florida law mandates an “equitable distribution” of all marital property.3FindLaw. Florida Statutes Title VI. Civil Practice and Procedure § 61.075 This means the division must be fair, which starts with the presumption of a 50/50 split but can be adjusted based on various factors. Marital property includes assets acquired and debts incurred during the marriage, while non-marital property, such as inheritances, is excluded.
Another component is alimony, or spousal support. An award of alimony is not automatic and is based on one spouse’s demonstrated need and the other spouse’s ability to pay. Recent changes in the law have eliminated permanent alimony, but the court may award other types, such as bridge-the-gap, rehabilitative, and durational. The court considers factors like the length of the marriage, the standard of living, and each spouse’s contributions.
When minor children are involved, the court’s decisions are guided by the “best interests of the child” standard.4The Florida Senate. Chapter 61 Section 13 – 2024 Florida Statutes This standard applies when establishing parental responsibilities, a time-sharing schedule, and child support. Child support is calculated based on statutory guidelines that consider parental income and the time-sharing arrangement.
Information and Documents Needed for Your Florida Divorce
Florida law mandates a thorough exchange of financial information between spouses, known as mandatory disclosure.5Florida Rules of Civil Procedure. Rule 12.285. Mandatory Disclosure This process ensures both parties have a complete picture of the marital finances and must happen within 45 days of the petition being served. A central document is the Financial Affidavit, a sworn statement detailing a person’s complete financial situation, including income, expenses, assets, and liabilities.
Florida provides two versions of this form: a short form for individuals with an annual gross income under $50,000 and a long form for those earning $50,000 or more. These official forms can be found on the Florida Courts website.
If the couple has minor children, they must also develop a proposed Parenting Plan. This document outlines how the parents will co-parent after the divorce. It must include a proposed time-sharing schedule, methods for making decisions about the children’s education and healthcare, and how the parents will communicate. Standardized templates for this plan are available through the state’s court system.
Finally, a set of initial documents must be prepared to begin the case. These include:
- The Petition for Dissolution of Marriage
- A Summons to notify the other spouse
- A Notice of Social Security Number
- A Uniform Child Custody Jurisdiction and Enforcement Act (UCCJEA) Affidavit, if children are involved
Navigating the Florida Divorce Procedure
The process is initiated when the petitioner files the Petition for Dissolution of Marriage and other required forms with the Clerk of Court, which can be done through the Florida Courts E-Filing Portal. The filing fee is approximately $400, though a waiver may be available for those with low income. After filing, the other spouse, the respondent, must be formally notified through “service of process,” which involves delivering a copy of the petition and a summons. The respondent then has 20 days to file a formal written “Answer.”6Florida Rules of Civil Procedure. Rule 1.140 Defenses
Many Florida courts require the parties to attend mediation to resolve their disputes.7Justia. Florida Statutes § 44.102 (2024) – Court-Ordered Mediation. Mediation is a confidential process where a neutral mediator helps the spouses negotiate a settlement on issues like property division and parenting. If the parties reach a full agreement, they have an uncontested divorce, which can be finalized with a marital settlement agreement. If they cannot agree, the divorce is considered contested and may require hearings or a trial.
The process concludes when a judge signs a Final Judgment of Dissolution of Marriage. This court order legally ends the marriage and incorporates the terms of the settlement or the judge’s rulings. For couples who meet strict criteria—no minor children, no request for alimony, and full agreement on all issues—a streamlined option called a Simplified Dissolution of Marriage is available. This path requires both parties to file a joint petition and attend the final hearing together.