Florida Divorce Process: A Complete Guide

Jimmy Almeyda

Immigration & Family Law Attorney | NY Bar Admitted

Published May 23, 2026 · 9 min read

Family Law

Going through a divorce is one of the most difficult experiences a person can face. Understanding the Florida divorce process can help reduce anxiety and empower you to make informed decisions about your future. Whether your divorce is amicable or contested, this guide walks you through every step from filing to final judgment.

At Almeyda Law, P.A., our family law team helps families throughout South Florida navigate divorce proceedings with compassion and professionalism.

Residency Requirements

To file for divorce in Florida, at least one spouse must have been a resident of the state for at least six months before filing. Residency can be established through a Florida driver’s license, voter registration, or an affidavit from a third party confirming residence.

You file for divorce in the circuit court of the county where either spouse lives. For residents of Coral Gables, Miami, and surrounding areas, this would be the Eleventh Judicial Circuit Court of Miami-Dade County.

Grounds for Divorce in Florida

Florida is a no-fault divorce state, which means you do not need to prove that your spouse did anything wrong. The only grounds for divorce are:

1. The marriage is irretrievably broken — this is the most common basis and simply means the relationship cannot be repaired
2. Mental incapacity of one spouse — one spouse has been mentally incapacitated for at least three years (this is rarely used)

Types of Divorce in Florida

Simplified Dissolution

Available when both spouses agree on all terms, there are no minor children, neither spouse seeks alimony, and both waive their right to a trial and appeal. This is the fastest and least expensive option.

Uncontested Divorce

Both spouses agree on all major issues (property division, custody, support) but the case does not qualify for simplified dissolution. The agreement is submitted to the court for approval.

Contested Divorce

The spouses cannot agree on one or more major issues. The court will make decisions on disputed matters after hearings or trial. This is the most time-consuming and costly type of divorce.

Step-by-Step Process

Step 1: File the Petition

The divorce process begins when one spouse (the “petitioner”) files a Petition for Dissolution of Marriage with the circuit court. The petition outlines the basic facts of the marriage and what the petitioner is requesting (property division, custody, alimony, etc.).

Step 2: Serve the Other Spouse

The petition must be formally served on the other spouse (the “respondent”). This can be done through a process server, the sheriff’s office, or by the respondent signing an Acceptance of Service form.

Step 3: Mandatory Disclosure

Both spouses must exchange complete financial information within 45 days of the respondent being served. This includes a Financial Affidavit and documents showing income, assets, debts, and expenses. Full disclosure is required by Florida law under Florida Statute Chapter 61.

Step 4: Mediation

Florida courts require mediation before a divorce case can go to trial. Mediation is a structured negotiation session with a neutral third party who helps the spouses reach agreements. Many divorces are resolved entirely through mediation.

Step 5: Settlement or Trial

If mediation is successful, the agreement is drafted into a Marital Settlement Agreement and submitted to the court. If mediation fails, the case proceeds to trial where a judge makes final decisions on all disputed issues.

Step 6: Final Judgment

The judge reviews the agreement or trial evidence and issues a Final Judgment of Dissolution of Marriage. This document legally ends the marriage and sets the terms for property division, custody, support, and other matters.

Property Division

Florida follows equitable distribution, which means marital property is divided fairly, though not necessarily equally. Key points:

• Marital property includes assets and debts acquired during the marriage, regardless of whose name is on the title
• Non-marital property includes assets owned before the marriage, inheritances, and gifts to one spouse
• The court considers factors like the length of the marriage, economic circumstances of each spouse, contributions to the marriage, and any intentional dissipation of assets

Children and Custody

Florida uses the term time-sharing rather than “custody.” The court prioritizes the best interests of the child when making decisions about parenting plans. For more details, read our guide on child custody in Florida.

Key elements of a parenting plan include:

• How the parents will share daily responsibilities
• The time-sharing schedule (including holidays, school breaks, and vacations)
• How parents will make major decisions about education, healthcare, and religion
• How disputes between parents will be resolved

Alimony in Florida

Florida law provides for several types of alimony:

• Temporary alimony: Paid during the divorce proceedings
• Bridge-the-gap alimony: Short-term support to help a spouse transition to single life (up to 2 years)
• Rehabilitative alimony: Support while a spouse gains education or training to become self-supporting
• Durational alimony: Set for a specific period, not to exceed the length of the marriage

The court considers factors including the length of the marriage, the standard of living during the marriage, each spouse’s financial resources, and each spouse’s earning capacity.

Timeline and Costs

Florida has a mandatory 20-day waiting period after the petition is served before a divorce can be finalized. Typical timelines:

• Simplified dissolution: 4 to 6 weeks
• Uncontested divorce: 2 to 4 months
• Contested divorce: 6 months to 2+ years

Court filing fees in Miami-Dade County are approximately $400 for the initial petition. Attorney fees vary widely based on the complexity of the case.