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.

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

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.

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.

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

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.

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.

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.

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

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

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

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

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

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.

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.

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

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.

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.

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.

Disclaimer: The information in this blog post is provided for general informational purposes only and does not constitute legal advice. Reading this post or contacting Marble Law does not create an attorney-client relationship. Prior results do not guarantee a similar outcome.