Florida residency requirements for divorce

Before a Florida court can grant a divorce, at least one spouse must meet the state’s residency requirement. This means one spouse must have been a Florida resident for at least six months before filing the divorce petition.

Residency must usually be proven with documentation. Common examples include:

Unlike some states, Florida does not require residency in a specific county for a set period of time. As long as the six-month state residency requirement is satisfied, you can generally file in the county where either spouse currently lives.

If neither spouse meets the residency requirement, the court cannot grant a divorce in Florida, even if the marriage happened in the state or you previously lived there.

Grounds for divorce in Florida

Florida uses a pure no-fault divorce system, which simplifies the legal grounds required to end a marriage.

Irretrievably broken marriage

The vast majority of Florida divorces are based on one ground: the marriage is irretrievably broken.

In practical terms, this simply means the relationship cannot be repaired. Either spouse can file for divorce on this basis, even if the other spouse disagrees. You do not need to prove misconduct such as adultery, abandonment, or cruelty.

In rare situations where one spouse argues that the marriage can still be saved, a judge may order counseling. But in most cases, the court will allow the divorce to proceed if one spouse states that reconciliation is no longer possible.

Mental incapacity

Florida law also recognizes a second, rarely used ground for divorce: mental incapacity.

This ground applies when a spouse has been legally declared mentally incapacitated for at least three years before the divorce filing. Because this ground requires formal adjudication and medical evidence, most couples rely instead on the irretrievably broken standard.

How property is divided under Florida divorce laws

Property division is often one of the most important parts of a divorce. Florida follows an equitable distribution system, which means marital property is divided fairly based on a number of legal factors.

Fair does not always mean equal. In many cases, the result is close to a 50/50 split, but courts can adjust the distribution depending on the circumstances.

Marital vs. non-marital property

Before dividing property, the court must determine which assets belong to the marriage and which belong to one spouse individually.

Marital property generally includes:

Non-marital property typically includes:

Only marital assets and debts are subject to division in the divorce.

Factors courts consider when dividing property

Florida courts consider several statutory factors when determining what distribution is fair. These include:

These factors allow judges to adjust the division when fairness requires something other than an equal split.

The presumption of equal distribution

Florida courts begin with the assumption that equal distribution is fair. If a judge orders an unequal division of property, the court must explain why the change is justified under the statutory factors.

The Florida divorce process step by step

Understanding how the divorce process works can help you know what to expect after filing. While every case is different, most Florida divorces follow the same general steps.

Filing the divorce petition

A divorce begins when one spouse files a petition for dissolution of marriage in the circuit court of the county where either spouse lives.

The petition typically includes:

The filing spouse must also pay a court filing fee, which is usually around $400 to $450, depending on the county.

Serving divorce papers

After filing, the other spouse must be formally notified of the case. This is called service of process.

Service is usually completed by:

Once served, the responding spouse generally has 20 days to file a written answer.

Financial disclosure requirements

Florida requires both spouses to provide a mandatory financial disclosure within 45 days of service.

This typically includes:

Full financial transparency is essential because the court relies on this information when making decisions about property division, alimony, and child support.

Temporary orders during the divorce

Divorce cases can take months to resolve, so courts may issue temporary orders while the case is pending.

Temporary orders can address issues like:

These orders remain in place until the final divorce judgment is entered.

Discovery and information gathering

If spouses disagree about financial issues or other matters, the case may enter a discovery phase. Discovery allows each side to gather information through tools such as:

Discovery helps uncover financial details and other evidence needed to resolve disputed issues.

Mediation and settlement

Florida courts strongly encourage mediation in divorce cases. In many counties, mediation is required before a trial can take place.

During mediation, a neutral mediator helps the spouses negotiate a settlement. If an agreement is reached, it becomes a binding settlement that the court can incorporate into the final divorce judgment.

Many divorces are resolved at this stage, avoiding the time and cost of a trial.

Final hearing or trial

If all issues are resolved, the court may hold a brief final hearing to approve the agreement and enter a final judgment of dissolution.

If disputes remain, the case proceeds to trial. A judge, not a jury, hears the evidence and makes decisions about property division, support, and parenting issues.

Contested vs. uncontested divorce in Florida

Florida divorces fall into two general categories: contested and uncontested.

Uncontested divorces happen when both spouses agree on all major issues. These cases tend to move more quickly and cost significantly less.

Contested divorces occur when the spouses disagree about issues such as property division, custody, or support. These cases may involve discovery, hearings, mediation, and sometimes a trial.

While uncontested divorces may finish in three to six months, contested cases can take six months to over a year, depending on the complexity of the issues.

Simplified divorce in Florida

Florida offers a streamlined process called simplified dissolution of marriage for couples who meet certain criteria.

To qualify, both spouses must:

Simplified divorces can move faster than standard cases because they involve fewer procedural steps.

How long does a Florida divorce typically take?

Unlike some states, Florida does not have a mandatory waiting period after filing for divorce. However, the timeline still depends on several factors.

Uncontested divorces often take three to six months from filing to final judgment. Contested divorces can take six to eighteen months or longer, especially when complex financial issues or custody disputes are involved.

Court schedules, discovery needs, and settlement negotiations all affect how quickly a case moves forward.

Child custody and child support in Florida divorces

When children are involved, the court focuses on creating a parenting structure that serves the child’s best interests.

Florida uses slightly different terminology than some states:

Florida courts generally prefer shared parental responsibility, meaning both parents remain involved in major decisions unless doing so would harm the child.

Child support is calculated using statutory guidelines that consider both parents’ incomes and the number of overnight visits each parent has with the child.

Legal guidance for Florida divorce cases

Divorce can affect nearly every part of your financial and family life. Property division, parenting arrangements, and support decisions all depend on how Florida law applies to your specific situation.

If you’re preparing for divorce or already in the middle of the process, working with experienced Florida family law attorneys can help you understand your options and protect your rights. At Marble, we can help you connect with a Florida divorce lawyer who can review your situation, explain how Florida divorce law applies to your case, and guide you through each stage of the process.