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Florida Divorce Petition

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Introduction

In Florida, the Petition for Dissolution of Marriage is the written pleading one spouse files with the Circuit Court to formally begin ending a marriage. Florida does not use the word divorce in its statutes; the case is a dissolution of marriage, brought by a Petitioner against a Respondent in the Circuit Court in and for the county where the action belongs. Before the petition may be filed, one party must have resided in Florida for six months (Fla. Stat. § 61.021), and even after filing, the court cannot enter a final judgment until 20 days have run from the filing date (Fla. Stat. § 61.19). Florida is a pure no-fault jurisdiction. Under Fla. Stat. § 61.052 the only grounds are that the marriage is irretrievably broken or that a party has been mentally incapacitated for the preceding three years, so blame is never litigated.

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Key Things to Know

  1. 1

    Definition: Known in Florida as the Petition for Dissolution of Marriage, this is the pleading a spouse files to open a case, submitted by a Petitioner against a Respondent, because Florida law calls the proceeding a dissolution of marriage rather than a divorce.

  2. 2

    Residency: One party must have resided in Florida for six months before the Petition for Dissolution of Marriage is filed, a jurisdictional prerequisite under Fla. Stat. § 61.021.

  3. 3

    Grounds: Florida is a pure no-fault state under Fla. Stat. § 61.052. The only grounds are that the marriage is irretrievably broken or the mental incapacity of a party for the preceding three years, and no fault-based grounds exist.

  4. 4

    Waiting period: Fla. Stat. § 61.19 bars the court from entering a final judgment of dissolution until 20 days have passed from the filing date, and that clock runs from filing rather than from service.

  5. 5

    Separation: Florida imposes no separation requirement. Spouses are not required to live separate and apart before filing, so a Petitioner may file while still sharing a home with the Respondent.

  6. 6

    Forms, court, and fee: File the Petition for Dissolution of Marriage (Florida Family Law Form 12.901(a) or 12.901(b)) and serve the Respondent with the Summons: Personal Service on an Individual (Form 12.910(a)) in the Circuit Court for the county, paying a $408 clerk fee unless you qualify for civil indigent status.

  7. 7

    Property: Florida divides marital assets and debts by equitable distribution under Fla. Stat. § 61.075, starting from an equal split and adjusting for statutory factors rather than guaranteeing an even division.

Key decisions before you file

Before you file a Divorce Petition in Florida, a few decisions shape the document: which option to choose and what each one means. The Divorce Petition guide walks through them.

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Filing a Divorce Petition in Florida

In Florida the case does not use the word divorce. The court calls it a dissolution of marriage, and it starts when a Petitioner files a Petition for Dissolution of Marriage in the Circuit Court in and for the county where the case belongs. The spouse who files is the Petitioner, and the other spouse is the Respondent.

Residency and Grounds

Before the petition can be filed, one party must have resided in Florida for six months, a jurisdictional rule set by Fla. Stat. § 61.021 and usually proven with a Florida driver license, voter registration, or a corroborating witness. Florida is a pure no-fault state. Under Fla. Stat. § 61.052 the only grounds are that the marriage is irretrievably broken, or that a party has been mentally incapacitated for the preceding three years. You do not allege adultery, cruelty, or desertion, and the Respondent cannot block the case by disputing blame.

The 20-Day Wait

Even when both spouses agree, Fla. Stat. § 61.19 stops the court from entering a final judgment of dissolution until 20 days have passed from the date the petition is filed. That clock runs from filing, not from service, so an uncontested couple with a signed settlement still waits out the statutory minimum before a judge signs the final judgment.

Forms, Fee, and Service

The petition is the Florida Family Law Form 12.901(a) or 12.901(b), and which one you use depends on whether you have minor children or property to divide. You bring the Respondent into the case with the Summons: Personal Service on an Individual, Form 12.910(a). Filing costs a $408 clerk fee in most circuits, and a Petitioner who cannot pay may apply for civil indigent status. Matching the right 12.901 form to your household is the most common point of confusion, and our divorce petition guide walks through each variant.

Dividing Property

Florida splits marital assets and debts by equitable distribution under Fla. Stat. § 61.075. The Circuit Court starts from an equal division, then adjusts for factors such as each spouse's economic circumstances, contributions to the marriage, and any intentional waste of assets. Equitable does not always mean equal, but the equal starting point shapes how the Petitioner and Respondent negotiate.

No Separation Needed

Florida imposes no separation requirement. Spouses do not have to live apart before filing, so a Petitioner who still shares a home with the Respondent may file the same day the marriage becomes irretrievably broken.

From the six-month residency proof under § 61.021 to the 20-day wait under § 61.19, every Florida step has a statutory anchor, and matching your facts to the correct 12.901 form and the $408 fee moves a dissolution from petition to final judgment in the Circuit Court.

Florida Requirements for Divorce Petition

Residency (State)

Spouses must meet the residency requirement: One party must have resided in Florida for 6 months before filing the petition (Fla. Stat. § 61.021).

Residency (County)

Must file in the correct county Circuit Court the circuit.

Grounds for Divorce

Must properly plead grounds: Pure no-fault. Statutory grounds under Fla. Stat. § 61.052 are that 'the marriage is irretrievably broken' (or mental incapacity of a party for the preceding 3 years); no fault-based grounds.

Waiting Period

Mandatory waiting period: 20 days from the date the petition is filed before the court may enter a final judgment of dissolution (Fla.....

Required Forms

Must file correct state forms: Petition for Dissolution of Marriage (Florida Family Law Form 12.901(a)/(b)) and Summons: Personal Service on....

Property Division

Property is divided according to: Equitable distribution (Fla. Stat. § 61.075) laws.

Filing Fee

Filing fee is typically $408 unless waived.

Service of Process

The Respondent must be properly served with the summons and petition.

Frequently Asked Questions

In Florida, a divorce petition is the Petition for Dissolution of Marriage, the opening pleading one spouse files in the Circuit Court to ask the court to end the marriage. The spouse who files is the Petitioner and the other spouse is the Respondent.

There is no legal difference in Florida. The state does not use the term divorce in its statutes; the proceeding is called a dissolution of marriage, and the document that starts it is the Petition for Dissolution of Marriage. People say divorce petition informally, but the court records and forms use dissolution.

One party must have resided in Florida for six months before the petition is filed. This residency rule under Fla. Stat. § 61.021 is jurisdictional, and courts commonly accept a Florida driver license, voter registration, or a corroborating witness as proof.

Florida is a pure no-fault state. Under Fla. Stat. § 61.052 the only grounds are that the marriage is irretrievably broken or that a party has been mentally incapacitated for the preceding three years. You do not allege fault such as adultery or cruelty.

No. Florida does not require any period of living separate and apart before filing. A Petitioner who still shares a residence with the Respondent may file as soon as the marriage is irretrievably broken.

The court cannot enter a final judgment of dissolution until 20 days have passed from the date the petition is filed (Fla. Stat. § 61.19). That minimum runs from filing, not from service, so even an agreed case with a signed settlement waits out the statutory period.

File the Petition for Dissolution of Marriage (Florida Family Law Form 12.901(a) or 12.901(b), depending on children and property) and serve the Respondent with the Summons: Personal Service on an Individual (Form 12.910(a)) in the Circuit Court for your county. The filing fee is $408, and a Petitioner who cannot pay may apply for civil indigent status.

Florida uses equitable distribution under Fla. Stat. § 61.075. The Circuit Court starts from an equal split of marital assets and debts, then adjusts for factors such as each spouse's economic circumstances, contributions to the marriage, and any intentional waste of assets. Equitable does not always mean exactly equal.