Florida is a no-fault divorce state. The only ground for dissolution of marriage is that the marriage is irretrievably broken. One spouse simply needs to declare that the marriage cannot be saved. Florida also allows divorce based on the mental incapacity of one spouse, provided that spouse has been adjudged mentally incapacitated for at least three years prior to filing. The court does not consider evidence of marital misconduct when determining whether to grant the divorce itself.
To file for divorce in Florida, one spouse files a Petition for Dissolution of Marriage with the Circuit Court in the county where either spouse resides. The filing fee is approximately $408. The petition must be served on the other spouse through personal service by the county sheriff or a certified process server. The respondent has 20 days to file a response. Florida requires both parties to file a Financial Affidavit disclosing income, expenses, assets, and liabilities. A Uniform Child Custody Jurisdiction and Enforcement Act affidavit is also required if children are involved.
At least one spouse must have resided in Florida for six months immediately before filing the petition, as required by Florida Statutes §61.021. Residency can be proven by presenting a valid Florida driver's license, Florida identification card, Florida voter registration card, or through a corroborating witness affidavit from someone who can attest to the filer's residency.
Florida is an equitable distribution state. Under Florida Statutes §61.075, the court begins with the presumption that marital assets and liabilities should be distributed equally between the spouses. The court may deviate from equal distribution if it finds justification based on relevant factors. Only marital property is subject to division; non-marital property (assets acquired before the marriage, by inheritance, or by gift) remains with the owning spouse unless it was commingled with marital property.
Florida courts consider the contribution of each spouse to the marriage (including homemaking, child care, and education and career building of the other party), the economic circumstances of each spouse, the duration of the marriage, any interruption of personal careers or educational opportunities, the contribution of one spouse to the personal career or educational opportunity of the other, the desirability of retaining any asset intact and free from claim by the other party, each spouse's contribution to the acquisition and enhancement of both marital and non-marital assets, and the intentional dissipation, waste, depletion, or destruction of marital assets after or during the filing of the petition.
Florida uses the terms "parental responsibility" and "time-sharing" rather than custody and visitation. Under Florida Statutes §61.13, the court determines a parenting plan and time-sharing schedule based on the best interests of the child. Florida law establishes a strong public policy that each minor child have frequent and continuing contact with both parents after separation.
Shared parental responsibility (where both parents retain full parenting rights and share in major decisions) is the default presumption in Florida. Sole parental responsibility may be awarded only when shared responsibility would be detrimental to the child. The time-sharing schedule outlines the specific days and times each parent has the child, and there is no presumption in favor of equal time-sharing.
Florida Statutes §61.13(3) lists 20 specific factors courts must evaluate, including the demonstrated capacity of each parent to facilitate the child's relationship with the other parent, the anticipated division of parental responsibilities after litigation, the demonstrated ability of each parent to determine and act in accordance with the child's needs, the length of time the child has lived in a stable environment, the geographic viability of the parenting plan, the moral fitness of the parents, the mental and physical health of the parents, the home, school, and community record of the child, the reasonable preference of the child if of sufficient intelligence and understanding, and evidence of domestic violence, sexual violence, child abuse, or neglect.
Florida has a mandatory 20-day waiting period after filing before the court can enter a final judgment. An uncontested divorce can be finalized in as little as four to six weeks. Contested divorces typically take six months to over a year, and complex cases involving substantial assets or contentious custody disputes can take even longer.
A simplified dissolution of marriage is available in Florida when both spouses agree to the divorce, there are no minor or dependent children, the wife is not pregnant, both parties agree on asset and debt division, and neither party seeks alimony. Both spouses must appear before the clerk together. A regular dissolution follows the standard petition and service process and is required for all other situations.
Yes, Florida courts may award several types of alimony including bridge-the-gap alimony (to help transition from married to single life, limited to two years), rehabilitative alimony (to assist a spouse in establishing earning capacity), durational alimony (for a set period after moderate or long-term marriages), and permanent alimony (in exceptional circumstances after long-duration marriages). The type and amount depend on the need of one spouse and the ability of the other to pay.
If your spouse fails to file a response within 20 days of being served, you may file a Motion for Default with the court. Once default is entered, the court may proceed with the divorce and grant the relief requested in your petition without the other spouse's participation, though the court will still ensure that the terms are fair and reasonable.