In Florida, divorce is called dissolution of marriage. The process is full of legalese and complicated state statutes. If you’re unsure how to proceed, our guide on Florida divorce laws can help.
To get a divorce in Florida there are specific forms and rules you must understand. Here’s everything you need to know to legally file for divorce in Florida.
Types of Divorce in Florida
Florida is a no-fault state for divorce, meaning that there are only two grounds for divorce in the state, neither of which assign fault to either partner.
No-Fault Dissolution of Marriage
In Florida, a no-fault marriage can be granted in two situations that must be proven by the petitioner, the spouse filing the divorce papers:
- The marriage is irretrievably broken. Under Florida law, this simply means the parties are unable to work out problems and can no longer cohabitate. Other states use language like irreconcilable differences or incompatibility to describe the same rationale.
- A spouse is mentally incapacitated. This must be evaluated according to Florida law and determined by a court no less than three years prior to divorce proceedings. A court must also appoint a guardian ad litem (an advocate) to “defend and protect the interests of the incapacitated party” during the divorce process if none exists other than a spouse.
Simplified Dissolution of Marriage
Florida’s simplified dissolution of marriage allows for a streamlined divorce process for couples with a straightforward and amicable divorce. If both parties agree on how to divide assets and debts and agree to forgo a trial or appeals and agree not to seek alimony, they may be able to use this cheaper and faster method of ending their marriage.
The couple must also have no children and must not be expecting any children to undergo a simplified dissolution of marriage.
Regular Dissolution of Marriage
If a couple wants a divorce under Florida law and does not qualify for the simplified dissolution of marriage, the alternative is the regular dissolution of marriage. This is the way marriages are ended in all cases where there are children in the relationship or the parties can’t agree on all issues in the divorce.
How to File for Divorce in Florida
The divorce process is never easy, but getting started can be simpler than one might think. State law establishes two different processes for dissolutions: regular and simplified. The forms for each contain instructions for how to proceed. The first step is figuring out which process is the best fit.
1. Check Florida Divorce Requirements
Before you can get divorced in Florida, be sure you meet the criteria to even file. You have to meet Florida’s residency requirements as well as file with the proper grounds for divorce in the state.
Florida Residency Requirement
Florida requires that at least one spouse must reside in the state for six months before filing for divorce. Florida residency can be proven with a Florida driver license, ID or voter registration or an affidavit or testimony from someone else stating that you lived in the state for six months.
Grounds For Divorce In Florida
All states once required a divorce to be based on the fault of one party, such as adultery, cruelty or desertion. Florida became a no-fault state with the passage of its Dissolution of Marriage Act in 1971, meaning it offers—like all states now do—a pathway for divorce in which neither party is legally at fault. Now that this has become the most common type of American divorce, many states including Florida no longer even offer an at-fault avenue for divorce.
2. Speak With a Florida Divorce Attorney
Lawyers can be found through ads or recommendations, but in the U.S., some of the best resources for finding a lawyer are bar associations. These are organizations of lawyers often geographically designated (in Florida, there are county bar associations as well as a Florida state bar association) which usually have sections or committees on specific areas of law, such as divorce law.
The Florida Bar Association offers a Florida lawyer directory with a “find a lawyer” search feature and a Florida Bar Lawyer Referral Service. It also funds a Florida Law Help interactive search program to link residents with free or low-cost legal aid. The organization also provides free educational materials, sample forms, court information and a directory of all Florida legal aid offices.
The Florida Bar Association Directory offers a list and description of the roughly 100 smaller bar associations in the state. FLcourts.org also provides a thorough legal resource page to help residents find the right lawyer.
3. Create Your Divorce Forms
Florida offers good online resources for navigating the divorce process without an attorney. This includes a state courts self-help center with downloadable PDF and Word files for all Florida dissolution of marriage forms. The state court system also provides an excellent getting started page, as well as a DIY guide geared toward those without professional legal help. The full text of Florida’s dissolution statutes is published here for those who want the fine print.
All court-published forms and guides are free. Many organizations and businesses, including Florida law firms, offer further informational resources and legal document services.
Of course, if you’re working with a divorce attorney, you can leave the document preparation to their team.
4. Serve Your Divorce Papers
Once you have the right documents in hand, the next two steps go hand-in-hand. You’ll have to have your spouse served with divorce papers unless you’re filing an uncontested divorce together.
No matter what, the court must be made aware that both parties have been informed of the proceeding in accordance with Florida law. This means that the papers must be served to the other party in person by a neutral third party, like a sheriff’s deputy or a private process server.
If your spouse can’t be served in this way, you can seek permission from the court to have them served in another manner, such as through registered mail.
5. File Divorce Forms
Usually in conjunction with having your spouse served, you will need to file the petition for dissolution of marriage with the proper court. Once you file and pay the court fee, you’ll usually have to wait until the other party is served before a hearing can be scheduled.
If the other party agrees to everything in the court filing, though, you may not have to attend a hearing at all.
6. Attend a Court Hearing (If Necessary)
Most divorces in Florida require both parties to attend the final hearing. In the case of uncontested divorces, only the petitioner (the person who filed for divorce) is required to attend.
In most counties, both parties have to be present for the final hearing for a contested divorce, whether the procedure being used is the simplified or normal dissolution of marriage.
How Much Does Divorce Cost in Florida?
Ending a marriage can be an expensive proposition, but the costs vary depending on the specifics of your case.
Florida Divorce Filing Costs
The minimum that a divorce in Florida will cost is $408. In addition to this base filing fee for a dissolution of marriage, you will likely also have to pay $10 for the summons to be served on your spouse. There are additional fees such as the fee to take an oath, to file electronically and to have the judgment recorded. The divorce will likely cost under $500 total.
Of course, you can request a waiver of the filing fee by filling out an Application for Determination of Indigent Status.
Florida Divorce Lawyer Costs
It’s worth considering if you actually need an attorney for your divorce—typically, an attorney is necessary when there are major disagreements, complicated financial considerations or custody issues. If you qualify for a simplified dissolution of marriage in Florida, you don’t need to hire an attorney.
If, on the other hand, you need to hire a lawyer, it’s impossible to estimate how much it will ultimately cost. Divorce is likely to cost at least $5,000. The average cost for a Florida divorce, according to multiple sources, is around $13,000 for couples without children and slightly over $20,000 for couples with children.
Filing for Divorce With Kids in Florida
As you can see, children can make a divorce much more expensive. Ending a marriage when children are involved also makes things much more complicated and difficult—two adults ending a relationship may be difficult enough, but the involvement of shared children makes things much harder.
Child Custody in Florida
Beyond the duty to provide for one’s minor children, Florida policy encourages parents to share child-rearing responsibilities and states children should have frequent and continuing contact with both parents if reasonable and possible. Judges generally prefer shared parental responsibility unless this is not in a minor’s best interest.
Judges consider the best interests of the child to determine child custody. This consideration includes numerous factors outlined in Florida law, all intended to help determine what is actually in the best interest of the child.
Parents should attempt to create an individualized parenting plan that creates a schedule that is in the child’s best interest. If both parties agree on a plan, a judge can simply approve it. If, however, there is disagreement, the judge will create a plan that protects the interests of the child.
Child Support in Florida
Both parents have an obligation to provide financially for children of their marriage. Commonly, child support is paid by income deduction order, but may be paid directly from one spouse to another. Court orders for support must include a provision for child health insurance when possible in Florida.
The number of children and the respective income of each party are the main factors determining the extent of support. Terms of the agreement can be amended in the best interests of children if there is a substantial change in the parties’ circumstances post-divorce. Child support ends when children turn 18 but terminate sooner if a child becomes an emancipated minor, marries, dies or joins the military.
Property Division in Florida
All marital assets and debts are divided between the parties. Property division takes place before alimony is considered.
Marital vs. Nonmarital Assets and Debts
In a Florida divorce, only marital assets and debts are divided. Nonmarital assets remain with the spouse determined to own them. Determining whether an asset or debt is marital or nonmarital can be the subject of a substantial part of the litigation in the case.
Broadly speaking, marital assets are those that were acquired during the marriage with only a few exceptions. Any property, money or debt that either spouse acquired during the marriage is likely to be considered marital unless it was inherited by one spouse specifically or defined as nonmarital in a valid prenuptial agreement.
Equal vs. Equitable Distribution
The concept of equal distribution is the baseline for property and liability division in divorce. Florida is an equitable distribution state in which a assets and debts are divided in a way that is equitable or fair based on the following factors:
- The contribution each spouse made to the marriage, including contributions of time/labor for raising children and being a homemaker
- The economic circumstances of each party
- The marriage’s duration
- Interruptions to the educational opportunities or careers of either party
- Contributions from one spouse to the other’s educational opportunities or career
- One party’s desire to retain a particular asset free from claims or interference from the other
- Each party’s contribution to shared income and to marital and nonmarital assets and debts
- The benefit of one party remaining in the marital home to to raise a child of the marriage
- Any intentional wasting or destruction of marital assets after a petition for divorce was filed or within the preceding two years
- Any other factors necessary to do equity and justice between the parties
Featured Partners
1
Divorce.com
$499 (and up)
Document prep, Mediation, Case management, Lawyer services
100% guaranteed court-accepted forms
2
OnlineDivorce
$159 (and up)
Ready-to-file forms, Name changes, Co-parenting support
30 days
3
3StepDivorce
$299 (and up)
Document prep, Lawyer services, Financial services
100% guaranteed court-accepted forms
4
DivorceNet
$159 (and up)
Document preparation, Free case evaluation
100% guaranteed court-accepted forms
Alimony in Florida
Alimony is a binding financial assistance plan in which one spouse provides payments to the other for support after the divorce. It’s either mutually agreed upon by the couple or ordered by a judge once the property division has been determined.
Alimony is used when one party would otherwise suffer a major drop in a standard of living post-divorce. This includes cases where one ex-spouse is unable to be financially self-sufficient—or at least not right away.
Alimony payments can be structured to last for a set amount of time or until a specific milestone is reached. In any situation, they terminate with the remarriage of the recipient or the death of either party.
Some types of alimony can be amended by the court provided there has been a change in circumstances, such as the recipient entering a financially supportive relationship with another person. Except for extraordinary circumstances, alimony decisions must not leave the payor with less net income than the recipient.
Types of Alimony in Florida
States categorize the various forms alimony can take in different ways. In Florida, alimony is divided into four categories, each with its own intent and duration:
Factors that Determine Alimony in Florida
Criteria for determining alimony overlaps somewhat with the factors for awarding equitable distribution of assets and liability, though determining alimony is an entirely independent part of divorce. For alimony in Florida, judges consider:
- One party’s need for alimony and the other’s ability to pay
- The standard of living established during the marriage
- Financial resources including marital and nonmarital assets of each party
- All sources of income of each party
- Ages of each party
- Length of the marriage
- Physical and emotional condition of the parties
- Earning capacities and available sources of income of each party
- The time each party would require to prepare for and find appropriate employment if they did not work during the marriage
- Contributions to the marriage, including the value of aiding a spouse’s career-building and the value of services rendered in homemaking, childcare and child education
- Responsibilities for children of the marriage
- Tax consequences
- Any other factor the court deems necessary for equity and justice between parties
Frequently Asked Questions (FAQs)
Can you get a divorce without a lawyer in Florida?
Yes, you can get divorced without a lawyer. In fact, if you qualify for the Simplified Dissolution of Marriage, you probably wouldn’t benefit much from hiring an attorney.
On the other hand, complicated divorces can be very difficult to navigate without the assistance of a good divorce lawyer. It’s almost always a good idea to work with an attorney when going through a divorce, but only you can decide if the expense is justified in your specific case.
How long does a divorce take in Florida?
There are a number of factors that can impact how long a divorce takes in Florida. An uncontested divorce can take anywhere from six weeks to three months or more depending on how quickly the parties communicate and complete the necessary paperwork and on the schedule of the court.
A contested divorce will typically take longer, often taking six months or more.
Are divorce records public in Florida?
Divorce records are public documents in Florida, meaning that anyone can request records from a divorce from the court clerk where the divorce took place. However, a court can choose to seal divorce records if a party is a public figure, abuse is involved, mental illness or addiction is involved or allowing public access would harm either spouse.
Who gets the house in a Florida divorce?
What happens to the house in each case is different. If the house is not considered marital property, the spouse who owned the home before the marriage will likely still own the home after the divorce. If the house is marital property, it will be up to the parties, their attorneys and the judge to decide what is the most equitable resolution.
The house might be sold and the proceeds split between the parties. In other cases, one spouse might pay the other for their portion of the home so that the family can remain in place. It’s also possible to continue to own the home jointly and sell it in the future, after the children are grown.
Does it matter who files for divorce first in Florida?
In a no-fault state like Florida, there is little advantage to being the spouse who files for divorce. The filing party is in more control of the timing of the filing, certainly, and can decide where to file as long as they meet the requirements; but it doesn’t really matter who files first in the sunshine state.
