Category: Family Law | Read time: 7 min
What you need to know before, during, and after filing for dissolution of marriage in Florida.
Going through a divorce is one of the most significant and emotional events a person can face. If you or your spouse are considering ending your marriage in Florida, understanding the legal framework ahead of time can make the process far less overwhelming. Florida has specific procedural rules, financial requirements, and timelines that govern every dissolution of marriage — and knowing what to expect at each step puts you in a stronger position to protect your rights.
Florida is a no-fault state
The foundation of Florida divorce law is that neither spouse needs to prove wrongdoing by the other. Florida operates under a no-fault framework, meaning the only legal grounds required to dissolve a marriage is that it is “irretrievably broken.” This modern approach, established under Chapter 61 of the Florida Statutes, focuses not on who caused the marriage to fail, but on how to fairly resolve its end. This means you do not need evidence of adultery, abandonment, or abuse to file — though those factors may still be relevant to other aspects of the case, such as parenting arrangements.
Step 1: Meet the residency requirement
Before anything else, Florida law requires that at least one spouse has lived continuously in the state for a minimum of six months immediately before filing the petition. This is established under Florida Statutes § 61.021 and applies to every type of divorce — contested, uncontested, or simplified. Residency can typically be proven with a Florida driver’s license, voter registration card, or a sworn affidavit from a Florida resident. If neither spouse meets this requirement, the court will not accept the case.
Step 2: File the petition for dissolution of marriage
Once residency is confirmed, the filing spouse (called the “petitioner”) submits a Petition for Dissolution of Marriage with the circuit court clerk in the county where either spouse resides. Florida law requires specific forms under the Florida Family Law Rules of Procedure. There is a filing fee — currently around $408 in most Florida counties, though this can vary. After filing, the other spouse (the “respondent”) is formally served with the paperwork and generally has 20 days to respond.
Step 3: Mandatory financial disclosure
This is a step that surprises many people: Florida law automatically requires both spouses to exchange detailed financial records — no request needed. Under Florida Family Law Rule of Procedure 12.285, both parties must provide financial affidavits, two years of federal tax returns, three months of recent pay stubs, and twelve months of bank and credit card statements, among other documents. This disclosure must occur within 45 days of service of the initial petition. Failing to comply can result in court sanctions or an unfavorable ruling.
Important: The financial affidavit is mandatory and cannot be waived — except in simplified dissolution cases. It is filed under oath and forms the basis for decisions on child support, alimony, and asset division.
Step 4: Contested vs. uncontested divorce
Florida divorces generally fall into two categories. An uncontested divorce occurs when both spouses agree on all major issues — property division, parenting plans, and any support — allowing the case to conclude relatively quickly. In most uncontested scenarios with no children and simple finances, couples may qualify for a simplified dissolution procedure. A contested divorce, on the other hand, arises when spouses cannot reach agreement. These cases often involve court hearings, discovery, and potentially trial — making them more time-consuming and expensive.
Step 5: Mediation
In most contested cases in Florida, the court will require both parties to attend mediation before scheduling a trial. Mediation involves a neutral, trained third party who helps the spouses work toward a mutually acceptable resolution. Florida divorce mediation has a strong track record, with studies suggesting settlement success rates in the 70–80% range. Any agreement reached becomes a legally binding Mediated Settlement Agreement under Florida Family Law Rule 12.740, which the court then incorporates into the final judgment.
Step 6: Equitable distribution of assets
Florida is an equitable distribution state, not a community property state. This means marital assets and debts are divided fairly — but not necessarily 50/50. The governing law is Florida Statute § 61.075, which instructs courts to begin with a presumption of equal division and then adjust based on factors such as each spouse’s economic circumstances, contributions to the marriage (including homemaking), and the duration of the marriage. Marital property includes assets acquired during the marriage by either spouse; separate property — items owned before the marriage or received as gifts or inheritance — is generally excluded, unless it has been commingled with joint assets.
Step 7: Final hearing and judgment
Once all issues are resolved — either by agreement or court order — a final hearing is scheduled before a judge. This hearing is typically brief. The judge reviews the settlement agreement or issues rulings on disputed matters and then signs the Final Judgment of Dissolution of Marriage, which legally ends the marriage. Florida does not impose a mandatory post-filing waiting period in most cases, though the practical timelines of service, disclosure, and scheduling mean most divorces take at least several weeks to a few months to finalize.
A note on alimony
Florida made significant changes to alimony law in 2023, eliminating permanent alimony entirely. Current law now focuses on durational alimony — support payments that last for a defined period based on the length of the marriage and each spouse’s financial situation. Courts weigh factors such as income, standard of living during the marriage, and each party’s ability to be self-supporting.
Why legal guidance matters
While some divorces can be handled without an attorney, cases involving children, significant assets, business ownership, or retirement accounts are far more complex. A single missed deadline — such as the 45-day mandatory disclosure window — or an incomplete financial affidavit can seriously damage your case. An experienced Florida family law attorney can help you navigate these requirements, protect your interests in negotiations, and avoid costly mistakes.
If you are considering divorce in Florida, our firm is here to help you understand your options and guide you through every step of the process. Contact us today for a confidential consultation.
Sources
- Florida Statutes § 61.021 — Residency requirement: flsenate.gov
- Florida Statutes § 61.075 — Equitable distribution: flsenate.gov
- Florida Family Law Rule of Procedure 12.285 — Mandatory Financial Disclosure: bonderudlaw.com
- Florida Family Law Rule 12.740 — Mediated Settlement Agreements: divorce.law
- New Divorce Laws in Florida (2025) — Alimony reform: collaborativenow.com
- Florida Divorce Filing Checklist 2025: divorceai.com
- Fairway Law Group — Florida Divorce Process Guide: fairwaylawgroup.com
Legal disclaimer: This blog post is intended for general informational purposes only and does not constitute legal advice. Laws and procedures may change. Please consult a licensed Florida family law attorney for advice specific to your situation.