Divorce in Florida

How to file for divorce in Florida

1. Check residency. 6 months of continuous Florida residency immediately before filing.
2. Prepare and file the Petition for Dissolution of Marriage (Florida Family Law Form 12.901(b)) with the Circuit Court in your county. The filing fee is typically $408, and you can ask for a fee waiver if you cannot afford it.
3. Serve your spouse, or have them sign an acceptance of service, and file proof of service.
4. Exchange financial disclosures. Both spouses must file a Financial Affidavit, using the Short Form if income is under $50,000 a year or the Long Form at $50,000 or above.
5. Settle the issues in a written agreement, and a parenting plan if you have children.
6. Wait out the waiting period. 20 days from the date the Petition for Dissolution of Marriage is filed, cannot be waived. Then ask the court for your final judgment.

Residency and grounds

Residency: 6 months of continuous Florida residency immediately before filing.

Grounds: No-fault only. You do not need to prove anyone did anything wrong.

Separation: None; Florida does not recognize legal separation as a formal status.

How property is divided

Florida uses equitable distribution. Marital property and debts are divided fairly, which often lands near equal but not always. Courts weigh things like the length of the marriage, each spouse's income and earning capacity, and contributions as a homemaker. Read how property is divided.

Custody and child support

Parenting terms: Florida uses the terms time-sharing and parental responsibility. Every decision is made in the child's best interests.

Parenting class: Required statewide for any case with minor children: a 4-hour Parent Education and Family Stabilization Course costing $18 to $39.

Child support: Florida uses the income shares model, which combines both parents' incomes, estimates what parents at that income usually spend on children, and divides that amount by each parent's share of income. Try the child support calculator.

Spousal support

Permanent alimony was abolished effective July 1, 2023; remaining types are temporary, bridge-the-gap (capped at 2 years), rehabilitative (capped at 5 years), and durational (capped at 35 percent of the difference between the spouses' incomes).

Estimate a range with the spousal support calculator, then have a lawyer check it if the numbers are large.

Faster and simpler options

Simplified Dissolution of Marriage: Available when both spouses agree on all terms, have no minor or dependent children and none expected, agree on dividing property and debts, and neither is seeking alimony; both must appear together at the clerk's office.

Legal separation: not offered in Florida as a separate case.

How long it takes

The minimum is set by the waiting period: 20 days from the date the Petition for Dissolution of Marriage is filed, cannot be waived. A typical timeline is 3 to 6 weeks for simplified cases; 1 to 4 months standard uncontested; 12 to 36 months or more contested. Agreement is what moves the date most; contested cases add months of disclosures, discovery and hearings.

Worth knowing in Florida

• Florida uses time-sharing instead of custody and parental responsibility instead of legal custody.
• Low-income filers can request a reduced filing fee of around $25 instead of the standard $408.
• The 20-day waiting period runs from the filing date and applies even to fully uncontested cases.

Official resources

Official forms and instructions come from Florida's courts. Sources we reviewed:

• flcourts.gov

Last reviewed September 2026. Laws and fees change; confirm with your court before you file.