Florida Divorce Petition

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.