Divorce in Florida is governed by a set of streamlined procedures, but understanding the rules can ease the emotional and legal burden. Whether you're filing in Miami, Tampa, Orlando, or a smaller county, this guide explains every major step – from residency to final judgment.
Residency Requirements
To file for divorce in Florida, at least one spouse must have lived in the state for a minimum of six months before the filing date. Residency can be established through a Florida driver's license, voter registration, utility bills, or testimony from a third party. These rules must be met before a court will consider the case.
Grounds for Divorce
Florida is a no-fault divorce state. This means a couple can divorce simply by stating the marriage is irretrievably broken. There is no need to prove misconduct such as adultery or abuse, although such factors may still influence child custody or property division.
Filing the Petition
The process begins when one spouse (the petitioner) files a Petition for Dissolution of Marriage with the clerk of court in the appropriate county. The petition must include financial information, any claims regarding children, and requests for support or property division.
Serving the Other Spouse
Once the petition is filed, the other spouse (the respondent) must be formally served with court papers. This is typically done by a sheriff or licensed process server. If the respondent cannot be located, service by publication may be permitted with court approval.
Financial Disclosures
Florida courts require both spouses to file financial affidavits within 45 days of service. These disclosures must list income, assets, debts, and expenses in detail. Full disclosure is mandatory and can impact the outcome of the case.
"Florida family courts value transparency. Incomplete or misleading disclosures may lead to sanctions or loss of credibility during hearings."
Temporary Relief Orders
Either spouse can request temporary relief while the divorce is pending. This may include temporary child custody, child support, alimony, and control of marital property. These orders remain in place until the final hearing or settlement.
Parenting Plans and Child Custody
When minor children are involved, Florida requires parents to submit a proposed parenting plan. The court evaluates each plan based on the child's best interest, focusing on stability, parental cooperation, and each parent's ability to provide care. Shared parental responsibility is preferred unless harmful to the child.
Child Support Guidelines
Child support is calculated using a standard formula that includes income from both parents, healthcare costs, daycare expenses, and time-sharing arrangements. The Florida Child Support Guidelines Worksheet must be submitted in all applicable cases.
Equitable Distribution of Property
Florida follows the equitable distribution principle, meaning assets and debts are divided fairly but not always equally. Marital property includes assets acquired during the marriage, while separate property – such as inheritances or pre-marital assets – is generally excluded.
Final Judgment and Waiting Period
After the parties settle or the case goes to trial, a judge will issue a Final Judgment of Dissolution of Marriage. There is no formal waiting period beyond the time required for service, hearings, and court scheduling. Once entered, the judgment legally ends the marriage.
Key Points to Remember
- Florida requires six months of residency before filing
- No-fault divorce means no wrongdoing needs to be proven
- Full financial disclosures are mandatory
- Shared parental responsibility is generally favored
- Marital assets are divided equitably, not equally
Florida's divorce system is designed to be efficient, but legal complexity can still arise. Cases involving children, real estate, or disputes over support often benefit from legal counsel. Use the correct forms and understand your rights to ensure a smoother process.
If you're unsure about your rights or next steps, consult a local attorney or legal aid service. You can also download Florida divorce papers or browse Florida divorce lawyers to get the help you need.