{"id":372656,"date":"2020-08-05T15:43:04","date_gmt":"2020-08-05T20:43:04","guid":{"rendered":"https:\/\/content.findlaw-admin.com\/ability-law\/state\/florida-law\/how-to-file-for-divorce-in-florida.html"},"modified":"2024-02-27T10:05:33","modified_gmt":"2024-02-27T15:05:33","slug":"how-to-file-for-divorce-in-florida","status":"publish","type":"page","link":"https:\/\/www.findlaw.com\/state\/florida-law\/how-to-file-for-divorce-in-florida.html","title":{"rendered":"How To File for Divorce in Florida"},"content":{"rendered":"\n
\n \n
\n

How To File for Divorce in Florida<\/h1>\n
\n
\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
\n

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
\n

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

The Florida divorce process is relatively simple if you and your spouse agree on all terms. It’s also a lot simpler when there are no minor children involved. But, the parties rarely agree to everything. And many cases do include children. Before you file your petition for dissolution of marriage, you must understand how divorce law works in Florida.<\/p>\r\n

Here, we’ll offer an overview of the divorce process in Florida. This includes filing for divorce until the judge issues your final divorce decree.<\/p>\r\n

Florida Divorce Process at a Glance<\/b><\/h2>\r\n

There’s a reason getting through law school and passing the bar exam is so tough. The law is confusing. To help the non-lawyer residents of the Sunshine State understand the divorce process, we’ve provided the following plain English explanations of the law and resources to help you navigate the system like a pro.<\/p>\r\n

Statute <\/b><\/h3>\r\n

Florida Statutes: Civil Practice and Procedure \u00a761.001<\/a>, et seq.<\/p>\r\n

Requirements for a Simplified (Uncontested) Divorce<\/b><\/h2>\r\n

Florida has two types of divorce: a simplified dissolution of marriage and a regular dissolution of marriage.<\/p>\r\n

You may file for a simplified dissolution of marriage by meeting the following requirements:<\/p>\r\n

    \r\n
  1. There are no children under 18<\/li>\r\n
  2. Neither spouse is pregnant<\/li>\r\n
  3. At least one spouse has lived in Florida for six months<\/li>\r\n
  4. There are no disagreements over the division of property and liabilities<\/li>\r\n
  5. Neither party is seeking spousal support (alimony)<\/li>\r\n
  6. Both spouses agree the marriage is irretrievably broken<\/li>\r\n<\/ol>\r\n

    How To File for a Simplified Divorce in Florida<\/b><\/h3>\r\n
      \r\n
    1. Prepare and file a Petition for Simplified Dissolution of Marriage<\/b> in the county clerk’s office where you or your spouse live. You must also pay filing fees unless you qualify for a fee waiver<\/a>.<\/li>\r\n
    2. Even if you and your spouse agree on the division of property and debts<\/b>, you must put it in writing. The best way to do this is to file a Marital Settlement Agreement for Simplified Dissolution of Marriage<\/a>.<\/li>\r\n
    3. Attend a hearing before the court.<\/b> The courts typically schedule this shortly after you file your petition. If you don’t file a marital settlement agreement, the judge may hear your property and debt division agreement orally.<\/li>\r\n
    4. If everything is in order, the judge will issue a final judgment,<\/b> and your divorce will become final.<\/li>\r\n<\/ol>\r\n

      Florida Divorce: Court Forms and Documents<\/b><\/h3>\r\n