How to File for Divorce in Florida 2026: Complete Guide

Florida offers both regular and simplified dissolution procedures for divorce. This comprehensive guide covers everything from residency requirements to finalizing your divorce decree, including the unique simplified dissolution process available to eligible couples.

Florida Residency Requirements

Before filing for divorce in Florida, you must meet these requirements:

• At least one spouse must have been a Florida resident for a minimum of 6 months immediately before filing
• You must provide proof of residency (driver's license, voter registration, or affidavit from a third party)
• File in the circuit court in the county where either spouse resides

Types of Divorce in Florida

Regular Dissolution of Marriage

The standard divorce process used when couples have disagreements or don't qualify for simplified dissolution.

Simplified Dissolution of Marriage

Florida's streamlined process for couples who meet specific criteria:

• Both spouses agree the marriage is irretrievably broken
• No minor or dependent children together (including no pregnancy)
• Neither party is seeking alimony
• Both spouses agree on property and debt division
• Both spouses are willing to waive rights to trial and appeal
• Both spouses attend the final hearing

Grounds for Divorce

Florida is a no-fault divorce state. The only grounds needed are:

• Irretrievably Broken Marriage: The marriage is broken beyond repair (most common)
• Mental Incapacity: One spouse has been mentally incapacitated for at least 3 years (requires medical evidence)

Step-by-Step Filing Process

Step 1: Prepare Forms

For Regular Dissolution:

• Petition for Dissolution of Marriage (Form 12.901(a) or 12.901(b)(1))
• Summons (Form 12.910(a))
• Notice of Social Security Number (Form 12.902(j))
• Family Law Financial Affidavit (Form 12.902(b) or (c))
• If applicable: UCCJEA Affidavit, Child Support Guidelines Worksheet

For Simplified Dissolution:

• Petition for Simplified Dissolution (Form 12.901(a))
• Marital Settlement Agreement (Form 12.902(f)(3))
• Financial Affidavits from both spouses

Step 2: File with Circuit Court

File your petition with the clerk of the circuit court in your county.

Filing Fee: Approximately $408 (varies by county)

Step 3: Serve Your Spouse (Regular Dissolution Only)

Florida requires formal service of divorce papers:

• Personal service by sheriff or private process server
• Service by certified mail (if spouse agrees to accept)
• Your spouse has 20 days to file an answer

Note: Simplified dissolution doesn't require service since both spouses file together.

Step 4: Financial Disclosure

Both spouses must complete and exchange financial affidavits showing:

• Income and expenses
• Assets and liabilities
• Monthly financial obligations

Step 5: Attend Final Hearing

Simplified Dissolution: Both spouses must attend together (usually 30 days after filing)

Regular Dissolution: May require multiple hearings if contested

Property Division

Florida follows equitable distribution, meaning fair but not necessarily equal division.

Marital vs. Non-Marital Property

• Marital Property: Assets and debts acquired during marriage (subject to division)
• Non-Marital Property: Property owned before marriage, inherited, or received as gifts (kept by owner)

Factors Courts Consider

• Duration of marriage
• Economic circumstances of each spouse
• Contributions to marriage (including homemaking)
• Interruption of career or education
• Contributions to spouse's career or education
• Waste or dissipation of marital assets

Alimony (Spousal Support)

Florida recognizes several types of alimony:

• Bridge-the-Gap: Short-term support (max 2 years) to transition to single life
• Rehabilitative: Support while obtaining education or training
• Durational: Set period not to exceed length of marriage
• Permanent: Ongoing support (typically for long marriages)

Alimony Calculation Factors

• Standard of living during marriage
• Duration of marriage
• Financial resources of each party
• Earning capacities and education
• Contributions to marriage
• Age and physical/emotional condition

Child Custody and Support

Parental Responsibility (Custody)

Florida uses "parental responsibility" instead of custody:

• Shared Parental Responsibility: Both parents make major decisions (preferred)
• Sole Parental Responsibility: One parent makes decisions (rare, requires evidence of detriment)

Time-Sharing (Visitation)

Courts create time-sharing schedules based on the child's best interests, considering:

• Each parent's ability to maintain stable environment
• Moral fitness of parents
• Mental and physical health of parents
• Child's home, school, and community record
• Child's reasonable preference (if mature enough)
• Evidence of domestic violence

Child Support

Florida uses income shares model combining both parents' incomes. Factors include:

• Combined monthly net income of both parents
• Number of children
• Time-sharing percentage
• Health insurance costs
• Childcare costs

Costs and Fees

Expected Timeline

• Simplified Dissolution: 30-60 days
• Uncontested Regular Dissolution: 3-6 months
• Contested Dissolution: 6-18 months
• Complex Cases: 18-24+ months

Mandatory Parent Education

If you have minor children, Florida requires both parents to complete a Parent Education and Family Stabilization Course:

• 4-hour course approved by Florida Supreme Court
• Must be completed before final judgment
• Covers effects of divorce on children and co-parenting strategies
• Cost: $25-$50

Frequently Asked Questions

How much does a divorce cost in Florida?

The filing fee is approximately $408. Simplified dissolution with no attorney can cost under $500 total. Regular contested divorces with attorneys can range from $5,000 to $30,000+ depending on complexity.

How long does a divorce take in Florida?

Simplified dissolutions can be finalized in 30-60 days. Regular uncontested divorces take 3-6 months, while contested cases may take 6-18 months or longer.

Can I get a divorce without my spouse's consent?

Yes. Florida allows unilateral divorce. If your spouse doesn't respond or contests, you can still proceed. However, you cannot use simplified dissolution without mutual agreement.

Do I need a lawyer for a Florida divorce?

Not required. You can represent yourself (pro se), especially for simplified dissolution. However, attorney representation is advisable for complex property division, child custody disputes, or contested divorces.

What if we have a prenuptial agreement?

Valid prenuptial agreements are generally enforceable in Florida, though they must meet certain legal requirements. The court will review the agreement for fairness and proper execution.