{"id":372584,"date":"2016-03-31T21:34:54","date_gmt":"2016-04-01T02:34:54","guid":{"rendered":"https:\/\/content.findlaw-admin.com\/ability-law\/state\/florida-law\/florida-legal-requirements-for-divorce.html"},"modified":"2024-03-06T08:49:39","modified_gmt":"2024-03-06T13:49:39","slug":"florida-legal-requirements-for-divorce","status":"publish","type":"page","link":"https:\/\/www.findlaw.com\/state\/florida-law\/florida-legal-requirements-for-divorce.html","title":{"rendered":"Florida Divorce Laws"},"content":{"rendered":"\n
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Florida Divorce Laws<\/h1>\n
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\n By Christie Nicholson, J.D.<\/a> | Legally reviewed by Susan Mills Richmond, 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

All states have legal requirements you must meet before filing for divorce. The specifics of these laws vary from state to state. Getting a divorce in Florida<\/a> is no different.<\/p>\r\n

The divorce process is complex regardless of where you live. The complexity of your divorce will depend on the length of the marriage, whether you have minor children, and what kind of marital property you and your spouse own together.<\/p>\r\n

Here, we\u2019ll discuss the legal requirements for divorce<\/a> (dissolution of marriage) in Florida. We\u2019ll also explain the no-fault<\/a> grounds for divorce, the required waiting period, and residency requirements. Finally, we\u2019ll describe how the Florida family courts handle such issues as child custody, alimony (spousal support), equitable distribution of marital assets, and child support.<\/p>\r\n

Florida Divorce Laws: At a Glance<\/b><\/h2>\r\n

Florida Statute Section 61.011 et seq.<\/a> covers divorces, child custody, and other family law matters. To learn more about divorce requirements in general, review our article on state requirements for divorce<\/a>.<\/p>\r\n

Below is a summary of Florida divorce laws:<\/p>\r\n

Residency Requirements<\/b><\/h3>\r\n

All states have a residency requirement for divorce. Florida Statute 61.021<\/a> covers the residency requirement. In Florida, one or both spouses must be in-state residents for at least six months before filing for divorce.<\/p>\r\n

Before the Florida court clerk adds your divorce case to the docket, they require certification that you meet this requirement. You can achieve this using your driver\u2019s license, voter registration card, or other formal documents.<\/p>\r\n

Waiting Period<\/b><\/h3>\r\n

Florida requires a 20-day mandatory cooling-off period<\/a> after you file your petition for dissolution of marriage. The courts hope that this waiting period will give couples a final chance to try to rectify their marriage. The waiting period helps prevent people from filing for divorce in the heat of the moment.<\/p>\r\n

This also gives the respondent (non-filing party) 20 days to file their answer. The courts won’t issue a final judgment for divorce before the 20 days are over. However, the court has the authority to finalize the divorce sooner if an injustice would result<\/a> from the delay.<\/p>\r\n

Family Law Financial Affidavit<\/b><\/h3>\r\n

Some states require you to file a case information statement with your divorce petition. Florida law requires you to file a Family Law Financial Affidavit<\/a>. This document includes your financial information, such as income, marital assets, and liabilities.<\/p>\r\n

The affidavit gives the judge a picture of your economic circumstances. This helps them determine things like spousal support, child support, and other financial issues.<\/p>\r\n

Your spouse must provide this affidavit when they file their answer. This is the case whether you file an uncontested divorce (simple dissolution) or a contested divorce (regular dissolution).<\/p>\r\n

No-Fault Grounds for Divorce<\/b><\/h3>\r\n

Florida only offers two grounds for divorce<\/a>. Most couples report that their marriage is irretrievably broken. This means you\u2019ve taken reasonable steps to repair the marriage to no avail.<\/p>\r\n

The second ground for divorce in Florida requires that the courts have declared your spouse mentally incapacitated more than three years before you file your petition.<\/p>\r\n

Simplified Dissolution of Marriage and Regular Dissolution of Marriage<\/b><\/h3>\r\n

Most states use terms like uncontested and contested divorce, but Florida uses different terminology. As explained above, the two types of divorce in Florida are a simple dissolution and a regular dissolution<\/a>.<\/p>\r\n

To file a simple (or simplified) dissolution of marriage, your divorce attorney must demonstrate the following:<\/p>\r\n