Florida Divorce Laws (2026): Grounds, Residency, and Process

Florida is a pure no-fault divorce state, meaning either spouse can file by alleging only that the marriage is "irretrievably broken." One party must have lived in Florida for at least six months before filing, and a final judgment cannot enter until at least 20 days after the petition is filed.

Grounds for Divorce in Florida

Florida offers only one ground for divorce: the marriage is "irretrievably broken." This is defined in Fla. Stat. 61.052. A second, rarely used ground is that one spouse has been mentally incapacitated for at least three years.

Because Florida is a pure no-fault state, neither spouse has to prove wrongdoing to obtain a divorce. There are no fault-based grounds such as adultery or cruelty. The court will not assign blame or consider marital misconduct when granting the dissolution itself, though some financial issues (like waste of marital assets) may be raised in property proceedings.

If one spouse denies that the marriage is irretrievably broken, the court may order counseling for up to three months. If the marriage still cannot be reconciled, the court will proceed with the dissolution. This denial does not ultimately prevent a divorce.

Residency Requirement

At least one spouse must have lived in Florida for six months immediately before filing the petition for dissolution of marriage. This is established under Fla. Stat. 61.021.

You file in the Circuit Court of the county where you or your spouse resides. Florida has 20 judicial circuits, each containing one or more counties. If you recently moved, you must meet both the statewide six-month residency and file in the county where you are currently domiciled.

Military members stationed in Florida can count their period of assignment toward the residency requirement. Proof of Florida residency is typically shown by a Florida driver's license, voter registration, or a sworn affidavit.

Waiting Period and Separation

Florida has a 20-day waiting period from the date the petition is filed. The court cannot enter a final judgment of dissolution until at least 20 days have passed from filing, unless the court finds that delaying would work an injustice on the parties (Fla. Stat. 61.19).

Florida has no separation requirement. Spouses do not have to live apart for any length of time before one of them may file. This is different from states such as North Carolina (1 year apart) or Virginia (6 months to 1 year apart), which require physical separation as a prerequisite.

In an uncontested divorce where both parties agree on all issues, the total timeline can be as short as three to four weeks after filing. Contested divorces often take several months to over a year depending on the complexity of property, custody, and alimony disputes.

How Property Is Divided in Florida

Florida follows the equitable distribution doctrine (Fla. Stat. 61.075). This means the court divides marital assets and liabilities fairly, but not necessarily in a 50/50 split. Courts begin with a presumption of equal distribution and then consider factors such as the duration of the marriage, each spouse's economic circumstances, contributions to the marriage (including homemaking and child-rearing), and whether one spouse helped the other build career assets or education.

Florida is not a community property state. Community property states (Arizona, California, Idaho, Louisiana, Nevada, New Mexico, Texas, Washington, and Wisconsin) generally split marital property 50/50 by law. Florida's equitable distribution standard gives courts more flexibility to reach a result that reflects the particular facts of the marriage.

Only marital property is divided. Separate property, meaning assets owned before the marriage or received as individual gifts or inheritances during the marriage, typically remains with the original owner. However, separate property can become marital property if it is commingled or if marital funds are used to improve it.

Alimony, Custody, and Child Support

Alimony, custody, and child support are all addressed in the divorce proceeding but governed by their own statutes. Florida overhauled its alimony law in 2023 (HB 1301), eliminating permanent alimony and replacing it with a durational cap tied to the length of the marriage. For details on how Florida calculates and awards spousal support, see the Florida alimony laws page.

Child custody in Florida is called "time-sharing" and is governed by Fla. Stat. 61.13. Courts evaluate the best interests of the child using 20 statutory factors. There is no automatic preference for either parent. See the Florida child-custody laws page for a full breakdown.

Child support in Florida is calculated using an income-shares model under Fla. Stat. 61.30, factoring in both parents' net incomes, the number of overnights with each parent, and costs for health insurance and childcare.

For all three topics, parties may reach a marital settlement agreement covering property, alimony, time-sharing, and support. A judge must review and approve the agreement to ensure it is fair and in the children's best interests before entering the final judgment of dissolution.

How to File for Divorce in Florida

Filing for divorce in Florida involves several practical steps. First, confirm that you or your spouse has met the six-month residency requirement.

Second, prepare the petition for dissolution of marriage using the forms available through the Florida Courts self-help website. If the divorce is uncontested with no minor children and no significant property, you may qualify for a simplified dissolution, which uses a shorter set of forms and requires both spouses to appear together.

Third, file the petition in the Circuit Court of your county and pay the filing fee (fees vary by county, typically in the range of $400 or more). If there are minor children, you must also complete and file a family law financial affidavit and a parenting plan.

Fourth, serve the petition on your spouse. Personal service by a process server or sheriff is the standard method. Your spouse then has 20 days to respond. The 20-day waiting period for the final judgment begins from the date the petition was filed.

Fifth, exchange mandatory financial disclosures. Both parties must produce financial affidavits and supporting documentation.

Sixth, if issues are contested, the parties may attend mediation. Florida courts generally require mediation before a contested final hearing.

Finally, at the final hearing, the judge reviews any agreements, hears any remaining disputes, and enters the final judgment of dissolution of marriage. Once entered, the judgment is effective immediately as to marital status.

This article is general legal information, not legal advice. Divorce law varies by state and depends on the specific facts of your marriage. For advice about your situation, consult a licensed family-law attorney in Florida.

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• Florida Child Support Laws
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• Florida Emancipation Laws
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Sources

• Fla. Stat. 61.052 (Grounds for dissolution) (Florida Legislature)
• Fla. Stat. 61.021 (Residence requirement) (Florida Legislature)
• Fla. Stat. 61.19 (Waiting period) (Florida Legislature)
• Fla. Stat. 61.075 (Equitable distribution) (Florida Legislature)
• Florida Courts Self-Help Center (Florida Supreme Court)

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Related pages: Divorce Laws by State (hub) | Florida Alimony Laws | Florida Child-Custody Laws