Florida Divorce Law

Florida divorce law governs how marriages end in the state, including property division, spousal support, and child care arrangements. Understanding florida law helps you navigate the dissolution of marriage process effectively, whether filing a petition for dissolution or responding to one. This guide covers all aspects of divorce laws from filing requirements to equitable distribution of marital assets.

Florida Divorce Overview and Requirements

Florida divorce law treats divorce as dissolution of marriage, requiring specific grounds and procedures. The state follows a no-fault system, meaning you don't need to prove wrongdoing to file for divorce in florida.

To file for divorce in florida, one spouse must have lived in the state for at least six months before filing the petition for dissolution. Florida courts require either that the marriage is irretrievably broken or that one spouse has been mentally incapacitated for three years. The irretrievable breakdown ground is used in virtually all cases since it requires no proof of fault or specific wrongdoing.

Florida law offers different divorce processes based on your circumstances. Simplified dissolution works for couples with no minor children who agree on all terms, typically taking 30-60 days and costing $400-800. Uncontested divorceapplies when spouses agree on major issues but need more comprehensive arrangements, usually taking 3-6 months and costing $1,000-3,000. Contested divorce involves disputes over assets, custody, or support, potentially lasting 6-24 months with costs ranging from $5,000 to $50,000 or more.

Grounds for Divorce in Florida

Florida divorce law recognizes only two legal grounds for dissolution of marriage, reflecting the state's no-fault approach. The primary ground involves the marriage is irretrievably broken, meaning the relationship cannot be repaired. Florida courts accept this ground when one spouse testifies that the marriage cannot be saved, requiring no proof of fault or specific wrongdoing.

The alternative ground applies when one spouse has been declared mentally incapacitated for at least three years before filing. This ground requires court documentation of the mental incapacity and is rarely used compared to irretrievable breakdown.

Florida law eliminates the need to prove adultery, abuse, or other fault grounds, which reduces conflict and court time, protects privacy by avoiding detailed misconduct testimony, focuses on practical issues like property division and child care, and allows faster resolution of dissolution of marriage cases.

Property Division Under Florida Law

Florida divorce law follows equitable distribution of marital assets and debts, meaning fair division rather than automatic 50-50 splits. Understanding marital assets and liabilities classification is crucial for fair outcomes.

Florida Statute 61.075 provides the framework for classifying and dividing property. Marital property includes assets acquired during the marriage such as income, homes, and retirement plans, gifts between spouses, and appreciation of non-marital assets when marital effort or funds contributed to the increase. Non-marital property includes assets owned before marriage, individual inheritances or gifts from third parties, and income from non-marital assets unless treated as marital property.

Florida courts consider multiple factors when dividing marital assets and liabilities. The length of the marriagesignificantly impacts division, with longer marriages typically resulting in more equal distribution. Economic circumstances of both spouses affect the division, especially when one spouse has significantly lower earning capacity. Contributions to the marriage, including both financial contributions and homemaking services, receive equal recognition under florida law.

The equitable distribution of marital property follows a systematic process. Courts first identify all assets and debts, then classify each as marital or non-marital property. Next, they establish fair market value of all marital assets, and finally apply equitable factors to determine fair distribution.

Retirement plans and pensions acquired during the marriage require special handling through Qualified Domestic Relations Orders (QDROs) to avoid tax penalties during division. These orders allow direct transfer of retirement benefits from one spouse to another without triggering early withdrawal penalties or immediate taxation.

Alimony and Spousal Support

Florida divorce law provides several types of spousal support based on need, ability to pay, and marriage circumstances. Recent changes eliminated permanent alimony, creating new dynamics in alimony awards.

Bridge-the-gap alimony assists with short-term transition needs for a maximum of two years and cannot be modified once awarded. Rehabilitative alimony supports education or training to help a spouse become self-supporting, lasting up to five years with specific rehabilitation plans required. Durational alimony provides time-limited financial support with duration limits based on marriage length. Temporary alimony provides support during the divorce process until final judgment.

Florida law categorizes marriages for alimony award purposes based on duration. Short-term marriages lasting less than 10 years may receive durational alimony for up to 50% of the marriage length. Moderate-term marriages of 10-20 years may receive support for up to 60% of the marriage length. Long-term marriages exceeding 20 years may receive durational alimony for up to 75% of the marriage length.

Florida courts consider numerous factors when determining spousal support. The standard of living during the marriage provides a baseline for support calculations. The length of the marriage and age of parties influence both eligibility and duration. Economic circumstances of both spouses, including earning capacity and education levels, affect support amounts. Contributions to the marriage, whether financial or domestic, receive recognition in support decisions. Minor children care responsibilities may impact a spouse's ability to become self-supporting.

The spouse receiving alimony must demonstrate actual need for support, while the paying spouse must have the ability to pay after meeting their own reasonable needs. Florida law requires courts to consider the paying spouse's ability to maintain a reasonable standard of living while providing support.

Child Custody and Support

When minor children are involved, florida divorce law prioritizes their best interests in custody and support decisions. The state emphasizes parental responsibility and time-sharing arrangements rather than traditional custody concepts.

Florida law presumes shared parental responsibility unless circumstances warrant otherwise. This means both parents typically retain decision-making authority about major issues affecting their minor children, including education, healthcare, and religious training. Time-sharing refers to where children live day-to-day and how they spend time with each parent.

Florida courts evaluate multiple factors when making child care arrangements. Parental capacity includes stability, mental health, and parenting skills of each parent. The child's needs encompass age, health, special needs, and stated preferences when age-appropriate. Parent-child relationships consider bond strength, communication quality, and historical involvement in the child's life. Home environment factors include safety, stability, and extended family support. Geographic considerations involve school districts and proximity to the other parent.

Any history of domestic violence receives critical consideration and may result in supervised visitation or restricted parental responsibility. Florida courts prioritize child safety above all other considerations when violence concerns exist.

Child support calculations under florida law use income-based guidelines considering both parents' net monthly income, number of minor children, time-sharing percentage based on overnight stays, child care costs for employment, health insurance costs, and special needs or medical expenses.

Filing Process and Procedures

To file for divorce in florida, you must follow specific legal procedures and submit required documents to florida courts.

Step 1: Prepare Your Documents

Timeline: 1–2 weeksGather and complete:

• Petition for Dissolution of Marriage
• Financial Affidavits (required from both spouses)
• Parenting Plan (if you have minor children)
• Other Supporting Forms (varies by county or case complexity)

Also collect supporting documentation:

• Tax returns (last 3 years)
• Pay stubs and job records
• Bank and investment account statements
• Retirement and pension details
• Real estate deeds/mortgages
• Business financials (if applicable)
• Birth certificates (for children)
• Childcare and health insurance records
• Prior court orders (if any)

Step 2: File with the Court

Where: County courthouse where either spouse residesFee: $400–$450 filing feeYou will:

• Submit your completed forms
• Receive a summons from the clerk of court

Step 3: Serve the Other Spouse

Timeline: Usually within 20–30 days

• The summons and filed documents must be legally served to your spouse (via sheriff or process server)
• Proof of service must be filed with the court

Step 4: Responding Party Files Answer

Deadline: Within 20 days of serviceYour spouse may:

• File an Answer (agree/disagree with the petition)
• File a Counterpetition (request additional relief)

If they do not respond, you may file for a default divorce.

Step 5: Discovery & Negotiation Phase

Timeline: 3–12 monthsBoth parties:

• Exchange financial information and disclosures
• Attend mediation (in many counties this is mandatory)
• Attempt to resolve custody, support, and asset division

If a full agreement is reached → case moves to final hearingIf disputes remain → trial may be scheduled

Step 6: Final Hearing & Judgment

Outcome:

• Court reviews and approves settlement agreement, or
• Judge decides unresolved issues at trial

The judge issues a Final Judgment of Dissolution of Marriage, legally ending the marriage.

Simplified Dissolution Option

Florida divorce law offers simplified dissolution for couples meeting specific criteria, providing a faster and less expensive option for ending marriage.

To qualify for simplified dissolution, both spouses must agree the marriage is irretrievably broken and have no minor children together, with the wife not pregnant. Complete agreement on asset and debt division is required, along with neither spouse seeking spousal support. Both parties must waive rights to trial and appeal and agree to appear together for the final hearing.

Simplified dissolution typically costs $400-800 and takes 30-60 days to complete, compared to regular divorce proceedings that may cost $1,000-50,000+ and take 3-24 months. The simplified process requires minimal paperwork and legal representation is optional, though one joint court appearance is mandatory.

This option works well for couples with straightforward financial situations and mutual agreement on all terms. However, couples with complex assets, retirement plans, or disagreements about any aspect of the divorce must use regular dissolution procedures.

Recent Changes in Florida Divorce Law (Senate Bill 1416)

• Permanent Alimony Eliminate

Permanent alimony is no longer available, even for long-term marriages. All alimony awards must now have clear end dates, which significantly affects long-term financial planning and support expectations.

• Adultery May Influence Alimony Awards

Courts may now consider the economic impact of adultery when determining alimony. Previously, marital misconduct was largely excluded from financial considerations.

• Retirement-Based Modifications Standardized

New statutory guidelines now govern how courts handle alimony modifications when the paying spouse retires. Judges must apply specific procedures and factors, reducing the discretion they had under earlier laws.

• Mandatory Review for Supportive Relationships

If the receiving spouse enters a supportive relationship similar to marriage, courts are now required to reduce or terminate alimony. Under the old law, judges had the option, but not the obligation, to make changes in such situations.