Florida calls it "dissolution of marriage" rather than divorce, but the practical process is the same. What distinguishes Florida is a combination of factors that matter to anyone filing there: a short mandatory waiting period of just 20 days, strict requirements about who can serve as a personal representative in the proceedings, unique homestead rules that limit how the family home can be divided in certain situations, and a financial disclosure requirement that applies in almost every case. Getting these details right from the start prevents delays and rejected paperwork.
Here is how Florida dissolution of marriage works from residency requirements through the final judgment.
Florida residency requirements
At least one spouse must have lived in Florida for at least six continuous months immediately before filing the petition for dissolution of marriage. A Florida driver's license or Florida voter registration card is typically accepted as evidence of residency, though other documentation can also establish it.
The petition is filed in the circuit court of the county where either spouse resides. Filing in the wrong county does not necessarily invalidate the case, but the court may transfer it to the proper venue, which adds delay.
Grounds for dissolution in Florida
Florida is a pure no-fault state for divorce purposes. The only ground for dissolution of marriage in Florida is that the marriage is "irretrievably broken." Florida eliminated fault-based divorce grounds entirely. Neither spouse needs to prove or allege wrongdoing by the other to obtain a divorce.
If one spouse denies that the marriage is irretrievably broken, the court can order the parties to attempt conciliation or counseling, or simply proceed with the dissolution after considering whether the denial is genuine. In practice, one spouse's assertion that the marriage is irretrievably broken is sufficient for the court to proceed.
The 20-day waiting period
Florida requires a minimum 20-day waiting period between the date the petition is filed and the date the dissolution can be granted. This is one of the shortest mandatory waiting periods in the country. The 20 days runs from the date of filing, not the date of service.
The waiting period is a floor, not a timeline. Most Florida divorces take significantly longer than 20 days to complete because of the time required to prepare financial disclosures, negotiate the settlement agreement, and get a hearing or paper review scheduled with the court. The 20-day rule simply means the divorce cannot be finalized any sooner than that, regardless of how prepared both parties are.
Florida is an equitable distribution state
Florida divides marital assets and liabilities through equitable distribution. The starting point is an equal split, but courts can deviate from 50/50 when factors justify it. Those factors include the contribution of each spouse to the marriage, the economic circumstances of each spouse, the length of the marriage, any interruption of a spouse's career or education for the benefit of the other, and the desirability of keeping a particular asset intact for a spouse or the children.
Marital assets include most property acquired by either spouse during the marriage, regardless of whose name it is in. Non-marital (separate) property includes assets owned before the marriage, gifts from third parties, and inheritances, as long as they have not been commingled with marital assets in a way that converts them.
In an uncontested dissolution, the spouses agree on the distribution themselves in a Marital Settlement Agreement (MSA). The court reviews the MSA and approves it as long as it is not fundamentally unfair to either party.
Florida's homestead rules and divorce
Florida's homestead law creates specific constraints on how the family home can be handled in a divorce. Under the Florida Constitution, a homestead cannot be devised (left in a will) to anyone other than a surviving spouse if the owner has a surviving spouse, and similar protections apply to minor children. In the context of divorce, the homestead rules mean that the court must carefully consider the housing needs of any minor children and the rights of both spouses before approving a disposition of the marital home.
Practically, this means that if there are minor children, the court will scrutinize any agreement that results in the children losing their primary residence, particularly if the custodial parent cannot afford alternative housing. Agreements to sell the homestead immediately and split the proceeds may face more scrutiny when minor children are involved than in child-free dissolutions.
Financial disclosure in Florida
Florida requires both parties to complete and exchange a Financial Affidavit in most dissolution cases. The Financial Affidavit discloses income, expenses, assets, and liabilities. There are two versions: a short form for cases where the parties' combined annual income is below a certain threshold, and a long form for higher-income cases.
The Financial Affidavit is filed with the court and served on the other party. Failure to complete and exchange the Financial Affidavit on time can result in sanctions, including the court striking pleadings or entering a default. The disclosure requirement exists to ensure both parties have accurate information about the marital estate before negotiating or agreeing to terms.
Florida also requires automatic mandatory disclosure of certain financial documents within 45 days of service: the last three years of tax returns, the last three months of pay stubs, the last twelve months of bank and financial account statements, and similar records. This automatic disclosure operates independently of the Financial Affidavit and applies even if the parties have agreed on all terms.
Alimony in Florida
Florida underwent a significant alimony reform in 2023. The legislation eliminated permanent alimony, which had been available in Florida for decades for long marriages, and replaced it with a framework based on the length of the marriage and other factors. Post-2023 Florida alimony is categorized as bridge-the-gap (short-term support for transition), rehabilitative (support while a spouse retrains or finishes education), durational (fixed-term support), or temporary (paid during the proceedings).
The length of the marriage is a key factor in determining the type and duration of alimony. Florida now defines short-term marriages as under 10 years, moderate-term as 10 to 20 years, and long-term as 20 years or more. The presumptive maximum duration of durational alimony is 50% of the length of a short marriage, 60% of a moderate marriage, and 75% of a long marriage, though courts can deviate based on the specific circumstances.
Child custody in Florida
Florida uses the term "parental responsibility" for what most states call legal custody, and "time-sharing" for what most states call physical custody or parenting time. Florida law strongly favors shared parental responsibility, meaning both parents have decision-making authority over major life decisions for the children, unless shared responsibility would be detrimental to the child.
Time-sharing arrangements are documented in a Parenting Plan, which is required in every Florida dissolution involving minor children. The Parenting Plan specifies the time-sharing schedule, how day-to-day decisions are made, how the parents will communicate about the children, and other details. Florida courts must approve the Parenting Plan and will not approve one that does not serve the children's best interests.
Child support in Florida is calculated using an Income Shares model that considers both parents' incomes, the number of overnights each parent has with the children, and the costs of childcare and health insurance. The calculation produces a guideline amount that serves as the presumptive appropriate level of support.
The Florida dissolution process step by step
One spouse files a Petition for Dissolution of Marriage in the circuit court of the county where either spouse resides. The filing fee varies by county but is typically around $400. If there are minor children, the Petition must be accompanied by a Uniform Child Custody Jurisdiction and Enforcement Act (UCCJEA) affidavit.
The other spouse must be served with the Petition. In a cooperative uncontested case, the other spouse can sign a Waiver of Service of Process to avoid formal service.
Both parties complete and exchange Financial Affidavits and the mandatory automatic financial disclosures within 45 days of service.
The parties negotiate and sign a Marital Settlement Agreement covering property division, alimony, and if applicable, the Parenting Plan and child support. These documents are filed with the court along with a proposed Final Judgment of Dissolution of Marriage.
In an uncontested case, the court may approve the dissolution on the papers without a hearing, or may schedule a brief uncontested hearing. The judge signs the Final Judgment, which dissolves the marriage.
For couples who agree on all terms, Nolo's Online Divorce generates Florida-specific dissolution paperwork including the Petition, Marital Settlement Agreement, and Final Judgment, with county-specific filing instructions.
A real-world example
Kevin and Lisa have been married for eight years in Orange County, own a home, and have two children aged six and nine. They agree on shared parental responsibility, a 50/50 time-sharing schedule, no alimony given their similar incomes, and a sale of the marital home with equal split of the proceeds. Kevin files the Petition in Orange County circuit court. Lisa signs a Waiver of Service. Both complete Financial Affidavits and exchange financial documents within 45 days. They prepare a Marital Settlement Agreement and Parenting Plan. After the 20-day waiting period, the court schedules a brief hearing and approves the dissolution. The entire process takes about three months from filing to final judgment.
Frequently Asked Questions
Does Florida require a separation period before divorce?
No. Florida does not require any period of separation before filing for dissolution of marriage. Either spouse can file immediately as long as the six-month residency requirement is met. The 20-day waiting period between filing and finalization is not a separation period; both spouses can continue living together during that time. Florida's pure no-fault approach means the filing spouse does not need to prove or explain the breakdown of the marriage beyond stating it is irretrievably broken.
How is the house divided in a Florida divorce?
The marital home is a marital asset subject to equitable distribution, with a 50/50 starting presumption. The most common outcomes are: one spouse buys out the other's equity and refinances the mortgage solely in their name; the house is sold and proceeds are divided; or one spouse remains in the house for a defined period (typically until children finish school) after which it is sold. If minor children are involved, the court will scrutinize any agreement carefully to ensure the children's housing needs are addressed. The Marital Settlement Agreement must specifically address the home and any mortgage obligations.
Can I get a simplified dissolution in Florida?
Yes, if both spouses qualify. Florida's simplified dissolution of marriage procedure is available to couples who have no minor or dependent children, are not pregnant, have agreed on division of all assets and debts, neither spouse is seeking alimony, both spouses have completed and exchanged financial disclosures, and both spouses are willing to appear at a final hearing together. The simplified process uses shorter forms and is somewhat faster than the regular dissolution process. It is not available if any of the qualifying conditions are not met.
What changed about Florida alimony in 2023?
Florida's 2023 alimony reform eliminated permanent alimony entirely and capped the duration of durational alimony based on the length of the marriage. Before the reform, Florida courts could award permanent alimony in long marriages, which often continued until the recipient remarried or died. Under the new law, durational alimony has a presumptive maximum tied to a percentage of the marriage length, and the court must make specific findings to exceed that maximum. The reform generally reduced alimony obligations in long marriages compared to prior law, though courts retain discretion to adjust based on the specific facts of each case.
Do both spouses have to appear in court for a Florida divorce?
In an uncontested dissolution, typically only the filing spouse needs to appear at the final hearing, if a hearing is required at all. Many uncontested Florida divorces are approved on the papers without any court appearance when the documentation is complete and the agreement covers all required issues. In the simplified dissolution procedure, both spouses must appear together at the final hearing. For contested matters, both parties may be required to appear. Whether a hearing is required and who must attend depends on the county's procedures and the specific circumstances of the case.