Divorce in Florida
In Florida, you don’t have to prove someone was at fault to get a divorce. The state allows no-fault divorces based on “irretrievable breakdown of the marriage”—meaning things just aren’t working out. You’re not required to prove infidelity, abuse, or wrongdoing (though in some cases, fault may still impact alimony or custody decisions).
Do I Need My Spouse’s Agreement to File?
Not at all. You can file for divorce in Florida even if your spouse doesn’t want to. They can’t prevent it. If they refuse to respond, the court may still grant you a default divorce.
How Long Does the Divorce Process Take in Florida?
Florida requires a 20-day waiting period after filing before your divorce can be finalized. But realistically, most divorces take 3 to 12 months, depending on how contested the issues are—like property, parenting plans, or support.
I Just Moved to Florida. Can I File for Divorce?
You can only file in Florida if you or your spouse have lived in the state for at least 6 months before filing. If you just arrived, you’ll need to wait until you meet the residency requirement.
Legal Process in Florida
Step 1: File the Petition
Start by filing a Petition for Dissolution of Marriage in the circuit court and pay the filing fee.
Step 2: Notify Your Spouse
Legally serve your spouse with the divorce papers. They have 20 days to respond.
Step 3: Exchange Financial Disclosures
Both parties must submit a Financial Affidavit detailing income, assets, debts, and expenses.
Step 4: Settle or Go to Trial
You can resolve key issues like child custody, asset division, and alimony through settlement—or take it to court if you can't agree.
Step 5: Final Judgment
Once all matters are resolved and the waiting period has passed, a judge will issue your Final Judgment of Dissolution of Marriage.