Getting Divorced in Florida: A Guide for Non-Lawyers

Florida divorce law requires at least one spouse to have resided in the state for six months before filing, and follows equitable distribution principles for dividing marital assets. The process begins by filing a Petition for Dissolution of Marriage in the circuit court of the county where either spouse resides.

Florida is a "no-fault" divorce state, meaning you don't need to prove wrongdoing to end your marriage, but issues like child custody, support, and property division can significantly complicate the process. Consulting with a family law attorney, even briefly, can help you understand your rights and avoid costly mistakes.

Key Considerations

Long-term Married Couples with Significant Assets

Scenarios

Decisions

Business Owners

Scenarios

Decisions

Long-Term Marriage Partners with Significant Assets

Scenarios

Decisions

Parents with Minor Children

Scenarios

Decisions

Relevant Documents

Child Support Worksheet

This document calculates the appropriate amount of child support based on both parents' incomes, the custody arrangement, and other factors.

Final Decree of Divorce

This is the final court order that legally ends your marriage and includes all the terms of your divorce including property division, support, and child custody arrangements.

Financial Disclosure Declaration

Both spouses must complete this document detailing all assets, debts, income, and expenses to ensure fair division of property and appropriate support amounts.

Marital Settlement Agreement

This document outlines the terms of your divorce agreement including property division, debt allocation, spousal support, and child custody arrangements if applicable.

Parenting Plan

If you have children, this document details the custody arrangement, visitation schedule, and decision-making responsibilities for the children.

Qualified Domestic Relations Order (QDRO)

This document is necessary if you need to divide retirement accounts or pension benefits between spouses as part of the divorce settlement.

Response to Petition for Dissolution

If you're the responding spouse, this document allows you to answer the claims in the petition and state your own requests regarding the divorce terms.

Summons

This document notifies your spouse that a divorce action has been filed and that they have a certain amount of time to respond.

Wage Withholding Order

This document directs an employer to withhold child support or spousal support payments from a spouse's paycheck.

Relevant Laws

Florida Statute § 61.052 - Dissolution of Marriage

This statute establishes Florida as a 'no-fault' divorce state, meaning you only need to state that your marriage is 'irretrievably broken' to file for divorce. Either spouse must have been a Florida resident for at least 6 months before filing. This is the fundamental law that allows you to get divorced in Florida.

Florida Statute § 61.075 - Equitable Distribution of Marital Assets and Liabilities

Florida follows equitable distribution principles, meaning marital property will be divided fairly (though not necessarily equally) between spouses. This law outlines factors courts consider when dividing assets and debts, including the contribution to the marriage by each spouse, economic circumstances, and duration of the marriage.

Florida Statute § 61.08 - Alimony

This statute governs alimony (spousal support) in Florida divorces. Courts may award different types of alimony (bridge-the-gap, rehabilitative, durational, or permanent) based on factors including the standard of living during marriage, marriage duration, each spouse's financial resources, and contributions to the marriage.

Florida Statute § 61.13 - Child Custody and Support

This law establishes that custody decisions (called 'time-sharing' in Florida) must be based on the best interests of the child. It outlines factors courts consider when creating parenting plans and determining child support obligations. Florida courts generally favor arrangements where both parents remain involved in children's lives.

Florida Statute § 61.30 - Child Support Guidelines

Florida uses specific mathematical guidelines to calculate child support based primarily on both parents' incomes and the number of children. This statute outlines the formula used and factors that may justify deviating from standard calculations, such as extraordinary medical or educational expenses.

Florida Statute § 61.21 - Parenting Course Requirement

This law requires divorcing parents with minor children to complete a parenting course before finalizing their divorce. The course covers the impact of divorce on children and parents, legal aspects, and communication skills to reduce harmful effects on children.

Regional Variances

Major Metropolitan Areas

Miami-Dade has specific local administrative orders that may affect divorce proceedings. The county requires attendance at a parenting class for divorcing parents with minor children within 45 days of filing. Additionally, Miami-Dade uses an electronic filing system (e-filing) that differs slightly from other counties, and has specialized family court divisions that handle high-asset divorces.

Broward County requires mediation before a final hearing in most divorce cases. The county also has specific local rules regarding timesharing schedules for children that may differ from other Florida counties. Broward's family court has implemented a 'unified family court' system that keeps all family matters with the same judge.

Palm Beach County has unique case management procedures for divorce cases. The county requires financial affidavits to be filed within specific timeframes that may be stricter than state requirements. Palm Beach also has specialized divisions for high-net-worth divorces and complex matrimonial litigation.

Central Florida

Orange County (Orlando area) has implemented mandatory divorce education programs that differ from other counties. The county also has specific local rules for parenting plans and may require additional mediation sessions before trial. Orange County's family court uses a specialized case management system for tracking divorce proceedings.

Hillsborough County (Tampa area) has unique requirements for financial disclosure in divorce cases. The county has implemented specialized procedures for handling temporary relief hearings that may differ from other jurisdictions. Hillsborough also has specific local rules regarding the division of retirement accounts.

Northern Florida

Duval County (Jacksonville area) has implemented specialized procedures for handling military divorces due to the large military presence. The county has specific local rules regarding child support calculations that may differ slightly from the state guidelines. Duval also requires additional documentation for self-represented litigants in divorce cases.

Leon County (Tallahassee area) has unique procedures for handling divorces involving state government employees. As the state capital, cases involving legislative or executive branch employees may have different procedural requirements. Leon County also has specific local rules regarding the scheduling of hearings and trials in divorce cases.

Suggested Compliance Checklist

Determine Eligibility for Florida Divorce

1 days after starting

Before filing for divorce in Florida, you must ensure you meet the residency requirements. At least one spouse must have been a Florida resident for at least 6 months before filing. You'll need to gather proof of residency such as a Florida driver's license, voter registration card, or a Florida ID card issued at least 6 months prior to filing.

Decide on Divorce Type: Simplified or Regular

3 days after starting

Florida offers two types of divorce: simplified dissolution of marriage (for couples with no minor children and limited assets) or regular dissolution. For simplified dissolution, both parties must agree on property division, have no minor children, and neither spouse can seek alimony. If you don't qualify for simplified dissolution, you'll need to pursue a regular dissolution of marriage.

Prepare Petition for Dissolution of Marriage

7 days after starting

This is the formal document that initiates the divorce process. In Florida, you'll need to state that the marriage is 'irretrievably broken' (no-fault divorce). The petition must include basic information about the marriage, any minor children, and what you're requesting regarding property division, alimony, child custody, and support. Different forms exist for simplified dissolution vs. regular dissolution with or without children.

Document: Petition for Dissolution of Marriage

File Petition and Pay Filing Fee

10 days after starting

File your petition with the clerk of the circuit court in the county where you or your spouse lives. The filing fee is approximately $400, though it varies by county. If you cannot afford the filing fee, you can request a fee waiver by filing an Application for Determination of Civil Indigent Status.

Serve Divorce Papers to Spouse

14 days after starting

After filing, you must legally serve your spouse with the divorce papers. This typically involves preparing a Summons and having it served along with a copy of the petition by a sheriff's deputy or private process server. If your spouse agrees, they can sign a Waiver of Service. If you cannot locate your spouse, you may be able to serve by publication after court approval.

Document: Summons

Wait for or Prepare Response to Petition

35 days after starting

If you're the respondent (non-filing spouse), you have 20 days from being served to file a written response to the petition. This response should address each paragraph of the petition, stating whether you agree or disagree with each point. If you're the petitioner, be prepared to receive this response or note if your spouse fails to respond within the timeframe, which could lead to a default judgment.

Document: Response to Petition for Dissolution

Complete Mandatory Financial Disclosure

45 days after starting

Both spouses must complete and exchange a Financial Affidavit (Florida Family Law Form 12.902(b) or 12.902(c)) within 45 days of service of the petition. This detailed form requires disclosure of all income, expenses, assets, and liabilities. You must also exchange supporting documents like tax returns, pay stubs, bank statements, etc. Failure to provide complete financial disclosure can result in sanctions.

Document: Financial Disclosure Declaration

Attend Mandatory Parenting Course

60 days after starting

If you have minor children, both parents must complete a court-approved parenting course before the divorce can be finalized. The course is typically 4 hours and covers the impact of divorce on children and parenting responsibilities. You must file the certificate of completion with the court.

Develop a Parenting Plan

75 days after starting

If you have minor children, Florida law requires a detailed Parenting Plan that outlines time-sharing schedules, decision-making responsibilities, and communication methods. The plan must address education, healthcare, and other aspects of child-rearing. Even if you're seeking sole parental responsibility, a parenting plan is still required.

Document: Parenting Plan

Calculate Child Support

80 days after starting

Florida uses specific guidelines to calculate child support based on both parents' incomes, healthcare and childcare costs, and the time-sharing arrangement. Complete the Child Support Guidelines Worksheet (Form 12.902(e)) to determine the appropriate amount. This calculation is required even if you plan to deviate from the guidelines (which requires court approval and justification).

Document: Child Support Worksheet

Negotiate Marital Settlement Agreement

90 days after starting

Work with your spouse to create a comprehensive agreement addressing division of assets and debts, alimony, child support, and parenting arrangements. This document, when signed by both parties, becomes legally binding once approved by the court. If you cannot reach an agreement, the court will make these decisions for you after a trial.

Document: Marital Settlement Agreement

Prepare QDRO if Dividing Retirement Accounts

100 days after starting

If you're dividing retirement accounts like 401(k)s or pensions, you'll need a Qualified Domestic Relations Order (QDRO). This specialized court order instructs retirement plan administrators how to divide the accounts. Each retirement plan may have specific requirements, so consider consulting with a QDRO specialist or attorney to draft this document correctly.

Document: Qualified Domestic Relations Order (QDRO)

Attend Mediation (if required)

110 days after starting

Many Florida counties require mediation before a contested divorce case can proceed to trial. Mediation involves working with a neutral third party to resolve disputed issues. Some counties provide mediation services on a sliding fee scale based on income. Even if not required, voluntary mediation can save time and money compared to litigation.

Prepare for and Attend Final Hearing

120 days after starting

If your divorce is uncontested (you've agreed on all issues), schedule a final hearing where the judge will review your agreements and finalize the divorce. If contested issues remain, you'll need to prepare for trial, which may include gathering witnesses, exhibits, and preparing testimony. Bring copies of all required documents to the hearing.

Obtain Final Judgment of Dissolution of Marriage

125 days after starting

After the final hearing, the judge will sign the Final Judgment of Dissolution of Marriage. This document officially ends your marriage and contains all court orders regarding property division, alimony, child custody, and support. Request certified copies of this document as you'll need them for various post-divorce matters.

Document: Final Decree of Divorce

Implement Wage Withholding for Support Payments

135 days after starting

If child support or alimony is ordered, Florida typically requires an Income Withholding Order to automatically deduct payments from the paying spouse's paycheck. This order is sent to the employer, who then withholds the specified amount and forwards it to the Florida State Disbursement Unit for distribution to the receiving spouse.

Document: Wage Withholding Order

Update Personal Records and Documents

165 days after starting

After the divorce is finalized, update your personal records including: name change on driver's license, Social Security card, passport, and other identification; beneficiary designations on life insurance policies, retirement accounts, and wills; vehicle titles and registrations; property deeds; and estate planning documents. Also notify creditors, banks, and other financial institutions of your divorce and any name change.

Establish New Credit

195 days after starting

If you shared accounts with your ex-spouse, work on establishing credit in your own name. This may include opening new credit card accounts, refinancing joint loans, and ensuring your name is removed from any accounts for which you are no longer responsible according to the divorce decree.

File Post-Judgment Modifications if Needed

As needed days after starting

If circumstances change significantly after the divorce (such as income changes, relocation, or changes in children's needs), you may need to file for modification of child support, alimony, or the parenting plan. In Florida, you must show a substantial, material, and unanticipated change in circumstances to modify most divorce-related orders.

Frequently Asked Questions

To file for divorce in Florida, at least one spouse must have been a Florida resident for at least 6 months before filing the petition. You'll need to provide proof of residency, which can be done through a Florida driver's license, voter registration card, or testimony from a witness who can confirm your residency.

Yes, Florida is a 'no-fault' divorce state. This means you don't need to prove that your spouse did something wrong to get divorced. You only need to state that your marriage is 'irretrievably broken,' which means the relationship cannot be saved. This simplifies the divorce process as you don't need to assign blame.

Florida follows the principle of 'equitable distribution,' which means marital assets and debts are divided fairly, but not necessarily equally. The court considers factors such as the length of the marriage, each spouse's economic circumstances, contributions to the marriage (including homemaking and childcare), and each spouse's contribution to the other's career or education. Assets acquired during the marriage are generally considered marital property, while assets owned before marriage typically remain separate property.

Florida courts may award several types of alimony (spousal support) based on factors including the length of the marriage, standard of living during the marriage, each spouse's financial resources, earning capacity, age, and health. Types of alimony include bridge-the-gap, rehabilitative, durational, or permanent alimony. Recent Florida law changes have made permanent alimony more difficult to obtain, especially for marriages lasting less than 17 years.

Florida uses the term 'time-sharing' rather than custody. Courts determine time-sharing arrangements based on the best interests of the child, considering factors such as each parent's ability to provide a stable environment, maintain the child's routine, and foster a relationship with the other parent. Florida courts generally favor arrangements where both parents share in the upbringing of their children, unless there are concerns about a parent's fitness.

Florida uses the 'Income Shares Model' to calculate child support, which considers both parents' incomes, the number of children, healthcare and childcare costs, and the time-sharing schedule. The state provides guidelines that establish the basic monthly obligation, which is then adjusted based on these factors. You can estimate your child support obligation using the calculator on the Florida Department of Revenue website.

A simplified dissolution (divorce) is faster and less expensive but has strict eligibility requirements: both spouses must agree to use this procedure, have no minor children, not be seeking alimony, have agreed on property division, and agree the marriage is irretrievably broken. A regular dissolution is necessary if you have children, disputed property issues, or seek alimony. The simplified process typically takes 30 days, while a regular dissolution can take several months or longer if contested.

While you're not legally required to have a lawyer, it's highly recommended, especially if your case involves children, significant assets, or disputes. If you choose to represent yourself (pro se), you're still expected to understand and follow all court rules and procedures. Florida courts provide some self-help resources, but they cannot provide legal advice. Consider at least consulting with an attorney to understand your rights and obligations, even if you handle most of the process yourself.

The timeline varies significantly based on your situation. An uncontested divorce with no children and minimal assets using the simplified dissolution procedure can be completed in as little as 30 days after filing. A contested divorce involving children, significant assets, or disputes over alimony can take 6 months to over a year. The mandatory 20-day waiting period after filing applies to all Florida divorces.

A parenting plan is a detailed document required in all Florida divorces involving minor children. It outlines how parents will share responsibilities and time with their children after divorce. The plan must address time-sharing schedules, healthcare decisions, education matters, communication methods between parents, and how future disputes will be resolved. Both parents must either agree on a plan or the court will establish one. A well-crafted parenting plan helps minimize future conflicts and provides stability for children.

Getting Divorced in Florida: A Guide for Non-Lawyers | DocDraft