How long do I have to live in Florida to file for divorce?

At least one spouse must have been a Florida resident for a minimum of six months before filing the petition for dissolution of marriage.

Can I get a divorce without going to court in Florida?

In an uncontested divorce, it may be possible to finalize the case with minimal court appearances, sometimes through a simplified dissolution procedure. However, most cases require at least one court appearance.

What is a simplified divorce in Florida?

A simplified dissolution is available when both spouses agree on all issues, have no minor children, the wife is not pregnant, and at least one party has lived in Florida for six months. It requires fewer forms and typically only one brief court hearing.

How is debt divided in a Florida divorce?

Debts incurred during the marriage are generally considered marital liabilities and are subject to equitable distribution, just like assets. This includes credit cards, mortgages, car loans, and other debts — regardless of whose name is on the account.

Can I date during my Florida divorce?

Legally, yes — Florida is a no-fault state. However, dating during divorce can complicate matters if it impacts your financial situation, your children's well-being, or if marital funds are being spent on a new relationship.

What if my spouse won't sign the divorce papers?

You do not need your spouse's agreement to get divorced in Florida. If your spouse refuses to respond after being properly served, you can seek a default judgment from the court.

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

Filing for divorce in Florida (dissolution of marriage) requires meeting residency requirements, understanding equitable distribution of property, navigating alimony rules, and working through the court system. This guide covers everything you need to know about the Florida divorce process — whether contested or uncontested, with or without children.

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.

Real-World Scenarios

Short marriage, no children, no shared property

This is the simplest type of Florida divorce. You may qualify for a Simplified Dissolution of Marriage, which requires fewer forms, no financial affidavits, and only one brief court appearance. Both parties must agree on all terms.

Long marriage with retirement accounts and a family home

Retirement accounts earned during the marriage are marital assets subject to equitable distribution. The home's equity (current value minus mortgage) is also a marital asset. You may need a Qualified Domestic Relations Order (QDRO) for retirement accounts and an appraisal for the home.

One spouse stayed home to raise children

A stay-at-home parent may be entitled to alimony to help transition to financial independence. The court will consider the length of the marriage, the spouse's ability to become self-supporting, and their contributions to the family during the marriage.

Frequently Asked Questions

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