How to Get Divorced in Florida: Steps, Costs and Timeline

To get divorced in Florida, one spouse must have lived in the state for at least 6 months, then file a petition saying the marriage is "irretrievably broken". Florida is a no-fault state, so you do not have to prove anyone did anything wrong. The earliest a judge can sign the final judgment is 20 days after filing; an agreed divorce usually takes one to three months, a contested one often a year or more. This guide walks through every step, what it costs, how property, alimony and children are decided under the rules in force since July 2023, and the deadlines most divorce pages leave out.

This guide is general information, not legal advice. Every divorce turns on its own facts; speak to a Florida family lawyer about yours.

The short version

Residency: one spouse must have lived in Florida for 6 months before filing (s. 61.021).
Grounds: "irretrievably broken" is enough; fault is not required (s. 61.052).
Fastest possible: 20 days from filing to final judgment, unless a judge shortens it to prevent injustice (s. 61.19).
Property is split from an equal starting point, and what either spouse acquires after the petition is filed is generally not marital (s. 61.075).
Permanent alimony no longer exists. Since July 1, 2023 the longest form, durational alimony, is capped by the length of the marriage and at 35% of the difference in net incomes (s. 61.08).
Equal time-sharing of children is presumed since July 1, 2023, unless a parent proves it is not in the child's best interests (s. 61.13).
Parents of minor children must take a 4-hour parenting course before the final judgment (s. 61.21).

Key facts at a glance

Florida divorce is called "dissolution of marriage", and almost every rule sits in Chapter 61 of the Florida Statutes.

Question	Florida answer	Source
How long must I live in Florida first?	6 months before filing (one spouse is enough)	s. 61.021
Do I need a reason?	No; "irretrievably broken" is enough	s. 61.052
Fastest possible divorce	20 days after the petition is filed	s. 61.19
Court filing fee	Up to $295, plus county service and other charges	s. 28.241
How is property divided?	Equitably, starting from an equal split	s. 61.075
Cut-off for marital property	The date of a valid separation agreement or of filing, whichever is earlier	s. 61.075(7)
Permanent alimony	Abolished from July 1, 2023	ch. 2023-315
Time-sharing of children	Equal time-sharing presumed	s. 61.13(2)(c)
Parenting course	At least 4 hours, within 45 days of filing or service	s. 61.21
Which court?	The circuit court of your county	Chapter 61

Can I file for divorce in Florida?

Yes, if you or your spouse has lived in Florida for at least 6 months immediately before the petition is filed. Only one spouse needs to meet the requirement, and your spouse does not have to live in Florida.

The judge needs proof of residency, but it need not be complicated: section 61.052(2) accepts a valid Florida driver license, a Florida ID card, a Florida voter registration card, or the testimony or affidavit of another person. You file in the circuit court of the county where you or your spouse lives; see which judicial circuit covers each county.

Do I have to prove fault?

No. A Florida court grants a divorce when the marriage is "irretrievably broken", without anyone proving adultery, cruelty or any other fault. The only other ground is a spouse's mental incapacity, and only after a court has declared that spouse incapacitated for at least 3 years.

If there are no minor children and your spouse does not deny the marriage is broken, the judge must grant the divorce. If there are minor children, or your spouse denies it, the judge may order counseling or pause the case for up to 3 months to allow a reconciliation (s. 61.052(2)(b)). Fault can still matter at the edges: a judge may consider adultery and its economic effect when deciding alimony (s. 61.08(1)(a)), and wasting marital money is weighed when property is divided.

What are the steps in a Florida divorce?

Petition, service, financial disclosure, agreement or mediation, and a final hearing; the order depends on whether you and your spouse agree.

File the petition for dissolution of marriage with the clerk of the circuit court and pay the filing fee.
Serve your spouse. A process server or sheriff delivers the papers, unless your spouse signs an acceptance of service. Your spouse then has 20 days to file an answer.
Exchange financial information. Each spouse files a financial affidavit and shares documents such as tax returns, pay stubs and account statements (Florida Family Law Rule of Procedure 12.285).
Take the parenting course if you have minor children: within 45 days of filing for the petitioner, within 45 days of being served for the other parent.
Reach a marital settlement agreement, and a parenting plan if you have children. Most Florida courts require mediation before a contested trial.
Final hearing. The judge reviews the agreement, or decides the disputed issues after a trial, and signs the final judgment.

If you agree on how to divide your property and debts, have no minor children and the wife is not pregnant, you can use the simplified dissolution procedure: both spouses sign the petition and appear together before the judge, and there is no formal discovery.

How long does a divorce take in Florida?

At least 20 days from filing; typically one to three months when everything is agreed, and a year or more when property, alimony or children are contested.

Type of case	Typical length	What drives it
Simplified dissolution	About 1 month	The 20-day minimum and the court's hearing calendar
Uncontested, with a signed settlement	1 to 3 months	Financial disclosure and the parenting course
Contested, settled in mediation	4 to 12 months	Discovery, valuations, mediation dates
Contested, decided at trial	12 months or more	Expert valuations, custody evaluations, trial calendar

The 20-day rule in section 61.19 is the only fixed waiting period; the rest depends on how quickly you and your spouse finish disclosure and agree.

How much does a Florida divorce cost?

The court filing fee is up to $295 under section 28.241, plus service and other county charges; the real cost is lawyers' fees, which range from a flat fee for an agreed divorce to tens of thousands of dollars for a trial.

Filing and service: check your county clerk's fee schedule; if you cannot afford the fees, you can apply to the clerk for civil indigent status.
Lawyers: many family lawyers charge by the hour against a retainer; some offer flat fees for uncontested cases. Ask for the hourly rate of everyone who will work on your file.
Mediation, appraisals and experts (business valuation, forensic accountant, custody evaluator) are separate costs.
Fee shifting: if one spouse has far more money, the judge can order that spouse to pay part of the other's attorney fees and costs (s. 61.16), so a lower-earning spouse is not priced out of the case.

How is property divided in a Florida divorce?

Each spouse keeps their nonmarital property, and marital property and debts are divided "equitably", starting from the premise that an equal split is fair unless there is a reason to depart from it.

Usually marital	Usually nonmarital
Income, homes, accounts and debts acquired during the marriage, by either spouse	What a spouse owned before the marriage
Growth in a nonmarital asset caused by either spouse's work or marital money	Gifts and inheritances to one spouse, kept separate
Mortgage principal on a nonmarital home paid down with marital funds	Assets a valid prenuptial or postnuptial agreement makes separate

Three rules in section 61.075 decide many disputes:

The cut-off date for what counts as marital is the earliest of a valid separation agreement, a date it sets, or the filing of the petition. What you earn or buy after filing is generally yours.
Everything acquired during the marriage is presumed marital; the spouse who says an asset is separate must prove it.
Wasting marital money after filing or within the 2 years before it can justify giving the other spouse a larger share.

Values may be fixed at different dates for different assets, as the judge finds fair. A house kept as the children's home can be left with one parent until the children are grown, if that is in their interest and affordable.

How does alimony work in Florida after the 2023 reform?

Since July 1, 2023 Florida has four kinds of alimony, none of them permanent: temporary, bridge-the-gap (up to 2 years), rehabilitative (up to 5 years, with a plan) and durational (limited by the length of the marriage). The reform, chapter 2023-315, Laws of Florida, rewrote section 61.08.

Length of marriage (to the filing date)	Category	Durational alimony may last at most
Under 3 years	Short-term	Not available
3 to under 10 years	Short-term	50% of the marriage's length
10 to under 20 years	Moderate-term	60% of the marriage's length
20 years or more	Long-term	75% of the marriage's length

The amount is capped too: durational alimony is the recipient's reasonable need or 35% of the difference between the spouses' net incomes, whichever is less. Example: after a 12-year marriage, a spouse netting $9,000 a month and a spouse netting $3,000 differ by $6,000, so durational alimony can be at most $2,100 a month (35% of $6,000) for at most 7.2 years (60% of 12), and less if the recipient's need is lower.

A judge can go beyond these limits only in exceptional circumstances proven by clear and convincing evidence. Alimony ends on the death of either spouse or the recipient's remarriage, and an award may not leave the payer with significantly less net income than the recipient without written findings of exceptional circumstances (s. 61.08(9)).

Florida presumes that equal time-sharing is in a child's best interests; a parent who wants a different schedule must prove by a preponderance of the evidence that equal time is not best for the child. The presumption was added to section 61.13 by chapter 2023-301 and applies from July 1, 2023.

Parenting plan: every divorce with minor children needs one, setting out the schedule, decision-making and how parents communicate. Parents can agree on it; the court approves it if it serves the child.
Child support follows the guidelines in section 61.30: both parents' net incomes are added together and a statutory table sets the child's basic need, which is shared in proportion to income.
The 73-night threshold: when a parent has the children for at least 20% of the overnights in a year, which is 73 nights, the support calculation must be adjusted for that time (s. 61.30(11)(b)). A schedule just under or just over 73 nights can change support noticeably.
Changing support later on the guidelines alone requires a difference of at least 15% or $50 a month, whichever is greater.

The full time-sharing rules, including the 20 factors and the 50-mile relocation rule, are in Florida child custody and time-sharing explained.

Do I need a lawyer to get divorced in Florida?

No, you may represent yourself, and the Florida Courts publish free approved forms; a lawyer matters most when there are children, a business, retirement accounts, a home or alimony at stake.

Mistakes in a settlement are hard to undo after the judgment. If you hire a lawyer, a board-certified specialist in marital and family law has passed The Florida Bar's peer review and exam in this area. Compare lawyers in our family law rankings for Miami, Coral Gables, Fort Lauderdale, Tampa and Jacksonville, or see all family lawyers. Before you hire anyone, read the questions to ask a lawyer and how to check a lawyer's Florida Bar record.

Checklist before you file

Confirm 6 months of Florida residency and keep proof (driver license, voter card or a witness).
Gather 3 years of tax returns, recent pay stubs, and statements for every bank, retirement and credit account.
List assets you owned before the marriage or received as gifts or inheritances, with documents.
Do not move or spend marital money unusually: spending in the 2 years before filing can be counted against you.
Write down your children's current schedule; it helps when building a parenting plan.
Decide whether you can agree on everything; if so, ask whether simplified dissolution or a flat-fee uncontested divorce fits.

Frequently asked questions

How long do you have to be separated before divorce in Florida?

No separation period is required. You can file as soon as one spouse has lived in Florida for 6 months, and the judgment can be entered 20 days after filing.

Does it matter who files first?

Not for the outcome; the law treats both spouses the same. Filing first sets the cut-off date for marital property and lets you choose the county among those that are proper.

Can my spouse stop the divorce?

No. A spouse who denies the marriage is broken can delay it: the judge may order counseling or a pause of up to 3 months. If the judge finds the marriage irretrievably broken, the divorce is granted.

Is Florida a 50/50 divorce state?

Florida starts from an equal division of marital property but can depart from it for reasons such as a spouse's contributions, career sacrifices or wasted assets. It is equitable distribution, not automatic 50/50 community property.

Can I still get permanent alimony in Florida?

Not in a case decided under the current law: chapter 2023-315 removed permanent alimony from July 1, 2023. Ask a lawyer how the change affects an award made before that date.

Does adultery affect a Florida divorce?

It is not needed to get divorced, but a judge may consider adultery and its economic effect when deciding alimony, and money spent on an affair can count as wasted marital assets.

Do both parents have to take the parenting course?

Yes, every party with minor children must complete the at least 4-hour Parent Education and Family Stabilization Course before the final judgment, unless the court excuses them for good cause.

Can we use one lawyer for both of us?

A lawyer can represent only one spouse. The other spouse may represent themselves or hire their own lawyer; many uncontested divorces work this way.

Where do I get the forms?

The Florida Courts website publishes the approved family law forms, including the simplified dissolution petition, financial affidavits and parenting plans, with instructions.