{"id":372503,"date":"2016-03-31T21:35:00","date_gmt":"2016-04-01T02:35:00","guid":{"rendered":"https:\/\/content.findlaw-admin.com\/ability-law\/state\/florida-law\/divorce-in-florida.html"},"modified":"2024-02-27T12:39:01","modified_gmt":"2024-02-27T17:39:01","slug":"divorce-in-florida","status":"publish","type":"page","link":"https:\/\/www.findlaw.com\/state\/florida-law\/divorce-in-florida.html","title":{"rendered":"Divorce in Florida"},"content":{"rendered":"\n
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Divorce in Florida<\/h1>\n
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\n By Christie Nicholson, J.D.<\/a> | Legally reviewed by Rhonda Earhart, Esq.<\/a>\n | Last updated\n
\n \n <\/i>\n Legally Reviewed\n <\/summary>\n\n
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This article has been written and reviewed for legal accuracy, clarity, and style by FindLaw\u2019s team of legal writers and attorneys<\/a> and in accordance with our editorial standards<\/a>.<\/em><\/p>\n\n <\/div>\n <\/details>\n\n

\n \n <\/i>\n Fact-Checked\n <\/summary>\n\n
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The last updated date refers to the last time this article was reviewed by FindLaw or one of our contributing authors<\/a>. We make every effort to keep our articles updated. For information regarding a specific legal issue affecting you, please contact an attorney in your area<\/a>.<\/em><\/p>\n\n <\/div>\n <\/details>\n<\/section>\n

Despite the sunny weather and boundless leisure activities, Florida still has a high divorce rate. Whether you live in Miami or Tallahassee, the following article provides the basics of divorce for Florida residents.<\/p>\r\n

Grounds for Divorce<\/b><\/h2>\r\n

Most states offer half a dozen grounds for divorce. This is different in Florida. Florida is a "no-fault<\/a>" divorce state. You don’t have to prove your spouse did anything wrong to file for divorce.<\/p>\r\n

There are only two grounds for divorce, or "dissolution of marriage," in Florida. One option is to claim that your marriage is "irretrievably broken." Most states call this irreconcilable differences<\/a>. This means there is no way to fix the marriage.<\/p>\r\n

The second option is to show that the courts have declared your spouse mentally incompetent. This must have begun more than three years before you file your divorce petition.<\/p>\r\n

Residency Requirement<\/b><\/h2>\r\n

For a Florida divorce, you must show that at least one spouse lived in Florida for six months or longer. Florida does not recognize "legal separation." As long as one party has been a resident of Florida for at least six months, either party can file without a waiting period.<\/p>\r\n

Dissolution of Marriage Process<\/b><\/h2>\r\n

In the state of Florida, the first thing you must do in a divorce is file a petition for dissolution of marriage. Your divorce petition must state that your marriage is irretrievably broken. It must also describe what you want from the court and include a signed "Family Law Financial Affidavit."<\/p>\r\n

When you file your petition, you must serve a copy of it on your spouse. You can do this via sheriff or a process server.<\/p>\r\n

Once your spouse gets your petition, they have 20 days to respond. Their answer must specifically respond to your petition. Their answer must also include their financial affidavit. If your spouse doesn’t file an answer, your divorce attorney can ask the court to issue a default judgment.<\/p>\r\n

This judgment is like a final judgment for divorce and will end the marriage. It is rare for a spouse to ignore a divorce petition. They usually want to ensure that the terms of the marriage dissolution are fair.<\/p>\r\n

Some spouses will agree on fundamental divorce issues. These typically include the following:<\/p>\r\n