Divorce in Florida (FL)

If you are considering a divorce in Florida, understanding the specific statutes that apply to your case is essential before you take any action. The rules governing residency, property division, support, and custody are set by state law — and Florida's framework differs in important ways from other states.

Key Requirements at a Glance

Grounds for Divorce in Florida

No-fault only: irretrievable breakdown of marriage or mental incapacity of a spouse

Because Florida is a no-fault state, courts do not examine marital misconduct when deciding whether to grant the divorce. However, fault can still be relevant in some states when determining property division or alimony.

Property Division: Equitable Distribution

Equitable distribution — courts divide marital assets fairly, which often (but not always) means equally

Separate property — assets owned before the marriage, inherited during the marriage, or received as a personal gift — is generally excluded from division. However, separate property can become "commingled" with marital property and lose its separate character if not carefully maintained. Real estate mortgages, retirement accounts, and business interests are particularly complex and often require a forensic accountant or QDRO specialist.

Alimony & Spousal Support

Bridge-the-gap, rehabilitative, durational, or permanent. Courts consider 17 statutory factors including marriage length, standard of living, and earning capacity.

Temporary support (also called alimony pendente lite) may be ordered during the proceedings to maintain the status quo. Post-divorce support is a separate determination. Either party can request modification if there is a substantial change in circumstances — such as job loss, disability, or remarriage of the recipient.

Child Custody & Parenting Time

Florida uses "parenting plans" and "time-sharing" rather than custody. Courts encourage shared parental responsibility. Best interest of the child governs all decisions.

Courts distinguish between legal custody (decision-making authority over education, healthcare, and religion) and physical custody (where the child lives). Shared legal custody is common even when one parent has primary physical custody. Any parenting arrangement must be embodied in a written parenting plan submitted to and approved by the court.

Child support is calculated separately from custody and follows Florida's statutory formula based on each parent's income, the custody split, and allowable deductions (healthcare, childcare). Support orders can be enforced through wage garnishment and are modifiable upon substantial change in circumstances.

Step-by-Step Filing Process in Florida

1. Petition for Dissolution: File Petition for Dissolution of Marriage (Form 12.901(b)) with the circuit court in your county.
2. Financial Affidavit: Both parties must file a Financial Affidavit within 45 days — mandatory disclosure.
3. Serve the Petition: Serve your spouse through the county sheriff or a certified process server. File proof of service.
4. Respondent's Answer: Spouse has 20 days to respond. Default can be entered if no response is filed.
5. Parenting Plan (if applicable): Submit a Parenting Plan (Form 12.995) if minor children are involved — covers time-sharing schedule and decision-making.
6. Final Hearing: Attend an uncontested hearing or trial. Judge reviews and signs the Final Judgment of Dissolution.

Disclaimer: This page is for general educational information only. Divorce laws change frequently. Consult a licensed attorney in Florida for advice specific to your situation.