Navigating the end of a marriage involves a series of structured legal steps. This guide outlines the general requirements and stages for the dissolution of marriage process in Florida. This content is for informational purposes and does not constitute legal advice from a qualified attorney.
Florida Divorce Eligibility Requirements
Before a court can consider a divorce, petitioners must meet specific state criteria. Florida law requires that at least one spouse has lived in the state for a minimum of six months before filing the divorce petition. 1Justia Law. Florida Statutes § 61.021 (2024) – Residence Requirements Proof of residency, such as a Florida driver’s license or a sworn affidavit from a corroborating witness, will be necessary.
The legal basis for divorce in Florida is that the marriage is “irretrievably broken,” as it is a “no-fault” state. An alternative, less common ground is the mental incapacity of one spouse, which must have existed for at least three years prior to filing.2Justia Law. Florida Statutes § 61.052 (2024) – Dissolution of Marriage
Types of Florida Divorce Proceedings
Florida law provides several procedural avenues for divorce, depending on the couple’s ability to cooperate. A “Simplified Dissolution of Marriage” is an option for couples who have no minor children, are not seeking alimony, and have already agreed on dividing their property and debts. Both parties must sign the petition jointly and attend a final hearing.
When a simplified dissolution is not an option, couples can pursue an “Uncontested Divorce.” This is for spouses who agree on all aspects of their separation, including assets, alimony, and child-related issues. Their agreements are documented in a Marital Settlement Agreement and a Parenting Plan, which are submitted to the court.
If the parties cannot agree, the case proceeds as a “Contested Divorce.” This process involves formal legal procedures like discovery, hearings, and potentially a trial where a judge makes the final decisions.
Required Information and Divorce Forms
Preparing for a divorce requires collecting personal and financial details. You will need full legal names, birth dates, and Social Security numbers for both spouses and any minor children. It is also necessary to compile a complete financial picture, including documentation for income sources, a detailed inventory of all assets, and a list of all debts.
Florida provides standardized forms for divorce proceedings. The primary documents include:
- Petition for Dissolution of Marriage (with different versions depending on whether children are involved)
- Financial Affidavit (a short form for gross annual incomes under $50,000 and a long form for higher incomes)
- Parenting Plan (detailing time-sharing and parental responsibilities)
- Uniform Child Custody Jurisdiction and Enforcement Act (UCCJEA) Affidavit
- Child Support Guidelines Worksheet
- Notice of Social Security Number
- Marital Settlement Agreement (to formalize resolutions in uncontested cases)
Starting Your Florida Divorce Case
The completed Petition for Dissolution of Marriage and other initial documents must be filed with the clerk of the circuit court in the appropriate county. Many counties use the Florida Courts E-Filing Portal for electronic submission.
After filing, the other spouse must be officially notified of the lawsuit through “service of process.” 3Florida Rules of Civil Procedure. Rule 1.070 Process This is accomplished by having a deputy sheriff or a certified private process server personally deliver a copy of the petition and a summons. If the other party is cooperative, they can sign an “Acceptance and Waiver of Service” to avoid formal delivery.
Initiating a divorce case involves a court filing fee of around $400. For individuals who cannot afford this fee, it is possible to apply for indigency status, which can waive the initial filing costs if approved.
Addressing Key Issues in a Florida Divorce
A central part of any divorce is the division of property, which in Florida follows the principle of “equitable distribution.” 4The Florida Senate. Chapter 61 Section 075 – 2021 Florida Statutes This means that all marital assets and liabilities acquired during the marriage are divided fairly, though not always in a 50/50 split. The court distinguishes between marital property and non-marital property, distributing only the former.
Spousal support, or alimony, may be awarded based on one spouse’s need and the other’s ability to pay. Florida law outlines several types of alimony, such as “bridge-the-gap,” “rehabilitative,” and “durational.” 5The Florida Senate. Chapter 61 Section 08 – 2023 Florida Statutes A judge considers the length of the marriage, each spouse’s financial resources, and their standard of living.
When minor children are involved, the court’s focus is the child’s best interests. Florida law presumes that equal time-sharing and shared parental responsibility are appropriate. A detailed parenting plan must be established to outline a time-sharing schedule, and child support is calculated based on both parents’ net incomes and overnight time with the children.6The Florida Senate. Chapter 61 Section 30 – 2024 Florida Statutes
Finalizing Your Florida Divorce Decree
The final phase of the divorce involves resolving any outstanding issues and obtaining a final court order. Many couples use mediation, a confidential process where a neutral third party helps them negotiate a Marital Settlement Agreement and Parenting Plan.7Florida Rules of Civil Procedure. Rule 12.740. Family Mediation This can be a cost-effective way to settle disputes.
Whether the case is settled or contested, a final hearing is required. In an uncontested divorce, this hearing is brief, allowing the judge to review the paperwork and approve the agreement. For contested cases that do not settle, the final hearing is a trial where both sides present evidence so the judge can rule on the disputed issues.
The divorce is legally concluded when the judge signs the “Final Judgment of Dissolution of Marriage.” This court order officially ends the marriage and incorporates all agreements and rulings.