By Christie Nicholson, J.D. | Legally reviewed by Rhonda Earhart, Esq. | Last reviewed February 27, 2024
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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.
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.
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.
Florida Statutes: Civil Practice and Procedure §61.001, et seq.
Florida has two types of divorce: a simplified dissolution of marriage and a regular dissolution of marriage.
You may file for a simplified dissolution of marriage by meeting the following requirements:
Note: This is a partial list of documents you must file for divorce. Visit the Florida State Court System's Self-Help Center for a complete list.
If your case involves a minor child, you can't file for a simplified dissolution of marriage. You must file for a regular dissolution of marriage.
The steps below explain the process you will follow for a regular dissolution of marriage. You'll also follow this process for a contested divorce.
You must file the appropriate dissolution of marriage forms in your county. You must ensure that you meet the residency requirements before doing this. Under Florida law, one spouse must have lived in Florida for at least six months.
The initial document you will file is a "Petition for the Dissolution of Marriage." The spouse who files the petition is the "petitioner," and the other spouse is the "respondent." The petition should address the following issues:
Florida courts do not require parties to specify particular fault grounds for a divorce. But the judge may consider factors such as abandonment or abuse when deciding child custody and visitation if the behavior affects the child.
On the distribution of assets, the court must consider factors in the Florida Code. While fault is not a factor in equitable distribution, if one of the spouses wasted or depleted marital assets — during or in the two years leading up to the divorce — it could affect how marital property gets distributed.
Get your forms notarized before you file them with the court clerk. The clerk will give you a copy of your divorce papers after they stamp them with the filing date. Make an extra copy to serve on your spouse.
To "serve" a court petition is to let the other party (your spouse) officially know about the proceedings. Your spouse or their attorney may accept service if they agree to the divorce. Acceptance and waiver of service prevent the need for the petitioner to have the documents served.
You have several options for serving the petition on your spouse. You can do this via the county sheriff or a professional process server. You can't mail or hand-deliver these forms to your spouse.
Each party has a right to the other party's financial information. Within 45 days of service of the petition, each party must provide their spouse with a signed affidavit detailing their financial assets and liabilities. This document is a Family Law Financial Affidavit that describes each party's assets, debts, income, and expenses.
The financial affidavit concerns (but is not limited to) the following:
If either spouse earns more than $50,000, they must file the long version of the Florida Family Law Financial Affidavit. You can use the short form of the affidavit if you earn less than $50,000.
If the judge schedules a child support hearing, complete and file the Child Support Guidelines Worksheet.
You must also file a completed Uniform Child Custody Jurisdiction and Enforcement Act (UCCJEA) Affidavit. You must do this even if you and your spouse agree on custody.
Both parents of minor children must attend a co-parenting class before the court will finalize your divorce.
If you and your spouse agree on the divorce terms, you'll sign a written agreement reflecting these terms. The law calls this agreement the "Marital Settlement Agreement." The agreement must include a parenting plan if you have children.
Parties can also present their agreement orally to the judge in a final hearing. But, the judge may require a trial if you can't agree to the terms in court. Some Florida counties require parties to attend mediation before proceeding to trial.
The judge will decide the remaining issues before issuing a final judgment.
Florida law can be confusing. The courts offer self-help resources for Florida residents who choose to represent themselves in their divorce.
But divorce is a complex legal process that has long-lasting effects. Your final divorce decree will affect your finances, children, and property. Consult first with a Florida divorce lawyer who can review your divorce agreement to ensure a fair outcome.
Finding a lawyer to help with your divorce doesn't have to be difficult. You can ask friends or family for referrals or consult attorney directory listings to search for local attorneys in your area. FindLaw offers attorney directories, such as:
You don't have to hire a lawyer to represent you in your divorce. Some divorce lawyers offer limited-scope services and can help with specific tasks, such as reviewing your divorce agreement or attending a court hearing with you.
Note: State laws are always subject to change through the passage of new legislation, rulings in the higher courts (including federal decisions), ballot initiatives, and other means. While we strive to provide the most current information, please consult an attorney or conduct legal research to verify the state law(s) you are researching.
Meeting with a lawyer can help you understand your options and how to best protect your rights. Visit our attorney directory to find a lawyer near you who can help.
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