How to File for Divorce in Florida (2026)
Reviewed by DocDraft Legal Team · Florida · Last updated 2026-05-18
Florida runs its divorce process on its own family-law code. Asset division here is equitable distribution (a fair, not automatically equal, split), and the no-fault ground is granted when the marriage is irretrievably broken. The residency rule is its own: One of the parties must have resided 6 months in the state before filing the petition. This guide details what Florida requires from filing through final decree, with Fla. Stat. § 61.052 as the governing grounds statute.
Key Considerations
When a Florida court divides what a couple owns, it applies fair-but-not-equal equitable-distribution. Equitable distribution: marital assets and liabilities are divided with a presumption that the distribution should be equal, subject to statutory factors that justify an unequal split. The controlling authority is Fla. Stat. § 61.075.
For ongoing support, Florida revised its alimony framework in 2023 (SB 1416, effective 2023-07-01), eliminating permanent alimony and codifying four forms: temporary, bridge-the-gap, rehabilitative, and durational alimony. Fla. Stat. § 61.08(5) defines the marriage-length brackets: 'a short-term marriage is a marriage having a duration of less than 10 years, a moderate-term marriage is a marriage having a duration between 10 and 20 years, and a long-term marriage is a marriage having a duration of 20 years or longer.' Fla. Stat. § 61.08(8)(b) caps durational alimony at '50 percent of the length of a short-term marriage, 60 percent of the length of a moderate-term marriage, or 75 percent of the length of a long-term marriage.' Fla. Stat. § 61.08(8)(c) caps the amount at 'the obligee's reasonable need, or an amount not to exceed 35 percent of the difference between the parties' net incomes, whichever amount is less.' Durational alimony may not be awarded for a marriage of less than 3 years. Fla. Stat. § 61.08 (as amended by 2023 Fla. Laws ch. 2023-15 / SB 1416) sets the rule.
Child support uses an income-shares model Income-shares guideline model based on combined parental net income, the number of overnights, and health-insurance and child-care costs The guideline lives at Fla. Stat. § 61.30, with the official calculator.
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Relevant Documents
Florida filers use the following: Florida Supreme Court Approved Family Law Form 12.901(b)(1) (Petition for Dissolution of Marriage with Dependent or Minor Child(ren)); Form 12.901(b)(2) (with Property but No Dependent or Minor Children); Form 12.901(b)(3) (with No Dependent or Minor Children or Property). Filed in the circuit court of the county where either spouse resides.
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
Verify jurisdiction first: One of the parties must have resided 6 months in the state before filing the petition
Before filing days after startingThis is set by Fla. Stat. § 61.021.
State the grounds
Before filing days after startingNo-fault: the marriage is irretrievably broken (alternative ground of mental incapacity for the preceding 3 years) (Fla. Stat. § 61.052).
Start the action: file the petition with the court
At filing days after startingFlorida Supreme Court Approved Family Law Form 12.901(b)(1) (Petition for Dissolution of Marriage with Dependent or Minor Child(ren)); Form 12.901(b)(2) (with Property but No Dependent or Minor Children); Form 12.901(b)(3) (with No Dependent or Minor Children or Property). Filed in the circuit court of the county where either spouse resides. Expect a filing fee of approximately $408 filing fee plus a $10 summons issuance fee. A fee waiver is available: Application for Determination of Civil Indigent Status for households below the statutory threshold.
Handle service and disclosure
After filing days after startingAfter filing, serve the other spouse and trade the required financial disclosures so the court can rule on property and support.
Calendar the statutory timeline
After filing days after startingNo fixed statutory waiting period for the divorce itself; the marriage must be proven irretrievably broken. See Fla. Stat. § 61.052.
Obtain the final judgment
Final step days after startingAfter timing and any custody, support, and property terms are settled, the court signs the decree of dissolution.
| Task | Description | Document | Days after starting |
|---|---|---|---|
| Verify jurisdiction first: One of the parties must have resided 6 months in the state before filing the petition | This is set by Fla. Stat. § 61.021. | divorce-petition | Before filing |
| State the grounds | No-fault: the marriage is irretrievably broken (alternative ground of mental incapacity for the preceding 3 years) (Fla. Stat. § 61.052). | - | Before filing |
| Start the action: file the petition with the court | Florida Supreme Court Approved Family Law Form 12.901(b)(1) (Petition for Dissolution of Marriage with Dependent or Minor Child(ren)); Form 12.901(b)(2) (with Property but No Dependent or Minor Children); Form 12.901(b)(3) (with No Dependent or Minor Children or Property). Filed in the circuit court of the county where either spouse resides. Expect a filing fee of approximately $408 filing fee plus a $10 summons issuance fee. A fee waiver is available: Application for Determination of Civil Indigent Status for households below the statutory threshold. | divorce-petition | At filing |
| Handle service and disclosure | After filing, serve the other spouse and trade the required financial disclosures so the court can rule on property and support. | - | After filing |
| Calendar the statutory timeline | No fixed statutory waiting period for the divorce itself; the marriage must be proven irretrievably broken. See Fla. Stat. § 61.052. | - | After filing |
| Obtain the final judgment | After timing and any custody, support, and property terms are settled, the court signs the decree of dissolution. | - | Final step |
Frequently Asked Questions
One of the parties must have resided 6 months in the state before filing the petition. This is set by Fla. Stat. § 61.021.
No-fault: the marriage is irretrievably broken (alternative ground of mental incapacity for the preceding 3 years). The governing statute is Fla. Stat. § 61.052.
Florida uses equitable distribution (a fair, not automatically equal, split). Equitable distribution: marital assets and liabilities are divided with a presumption that the distribution should be equal, subject to statutory factors that justify an unequal split. See Fla. Stat. § 61.075.
approximately $408 filing fee plus a $10 summons issuance fee. Application for Determination of Civil Indigent Status for households below the statutory threshold
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