Florida Divorce — How to File, Process, Requirements, Timeline & Costs

Florida Divorce Requirements

To file for divorce in Florida, at least one spouse must have been a Florida resident for at least six months before filing. Florida is a no-fault divorce state, meaning you only need to state that the marriage is irretrievably broken. You do not need to prove adultery, abuse, or other fault-based grounds. The petition is filed in the Circuit Court in the county where either spouse lives.

Contested vs. Uncontested Divorce

An uncontested divorce means both spouses agree on all major issues — property division, alimony, child custody, timesharing, and child support. These cases can often be resolved quickly. A contested divorce means there are disputes on one or more issues that must be resolved through negotiation, mediation, or trial. Most Florida courts require mediation before a contested case goes to trial.

Property Division in Florida

Florida follows equitable distribution, meaning marital assets and debts are divided fairly, though not necessarily equally. Marital property includes assets acquired during the marriage, regardless of whose name is on the title. Non-marital property — assets owned before the marriage or received as gifts or inheritance — is generally not subject to division. Complex cases involving businesses, retirement accounts, or significant assets often require expert valuation.

Alimony in Florida

Florida recognizes several types of alimony: bridge-the-gap (short-term transition support), rehabilitative (to help a spouse become self-supporting), durational (for a set period), and permanent (in long-term marriages where one spouse cannot become self-sufficient). The court considers factors including the length of the marriage, each spouse's financial resources, earning capacity, contributions to the marriage, and the standard of living during the marriage.

• Bridge-the-gap: up to 2 years, non-modifiable
• Rehabilitative: requires a specific plan for education or training
• Durational: cannot exceed the length of the marriage
• Permanent: typically reserved for marriages of 17+ years

Florida Divorce Timeline

Florida requires a minimum 20-day waiting period after filing before a divorce can be finalized. An uncontested divorce with no children can potentially be completed in 30–45 days. Cases involving children require a parenting plan and may take longer. Contested divorces typically take 6–12 months or longer depending on the issues involved and court scheduling.

Required Financial Disclosures

Both parties in a Florida divorce must file a Financial Affidavit (Form 12.902(b) or (c)) disclosing all income, expenses, assets, and liabilities. This is mandatory and must be filed within 45 days of service. Failure to disclose assets can result in sanctions, including the court awarding the undisclosed asset to the other party.