What Is the Divorce Process in Florida? A Step-by-Step Guide for Families

Divorce can feel overwhelming, especially when you are trying to understand legal requirements while also managing emotional and financial stress. Many people searching for answers simply want to know: How does divorce work in Florida, and what should I expect?

The good news is that understanding the Florida divorce process can make the situation feel far more manageable. Whether your divorce is amicable or contested, knowing the basic steps can help you prepare for what comes next.

What Is Divorce Called in Florida?

In Florida, divorce is legally referred to as a “dissolution of marriage.” Florida is also a no-fault divorce state, which means neither spouse has to prove wrongdoing such as adultery or misconduct in order to file for divorce.

Instead, one spouse only needs to state that:

• the marriage is “irretrievably broken,” or 

• one spouse has been mentally incapacitated for at least three years. 

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Most divorces are filed under the “irretrievably broken” standard.

Residency Requirements for Divorce in Florida

Before filing for divorce in Florida, at least one spouse must have lived in the state for a minimum of six months before the case is filed.

Proof of residency may include:

• a Florida driver’s license 

• voter registration 

• state identification 

• witness testimony 

  
  

The divorce is usually filed in the county where either spouse lives.

Step 1: Filing the Petition for Dissolution of Marriage

The divorce process officially begins when one spouse files a Petition for Dissolution of Marriage with the court. The spouse who files is called the Petitioner, while the other spouse is called the Respondent.

The petition outlines:

• basic information about the marriage 

• whether there are children involved 

• requests regarding property division 

• alimony requests 

• parenting plans and child support, if applicable 

There are different types of divorce proceedings in Florida, including:

• simplified dissolution 

• uncontested divorce 

• contested divorce 

A simplified divorce may be available for couples without children who agree on all major issues.

Step 2: Serving Divorce Papers

After the petition is filed, the other spouse must be formally notified. This is called service of process.

Typically, the documents are delivered by:

• a sheriff’s deputy 

• a private process server 

Once served, the Respondent generally has 20 days to file an answer with the court.

Step 3: Financial Disclosures

Florida law requires both spouses to provide financial disclosure documents. This is an important step because the court needs a clear understanding of each party’s finances before making decisions about:

• property division 

• debt allocation 

• child support 

• alimony 

  
  

Financial disclosures may include:

• bank statements 

• tax returns 

• pay stubs 

• retirement account information 

• debts and liabilities 

Being honest and organized during this stage can help avoid delays and legal complications.

Step 4: Negotiation and Mediation

Many divorce cases in Florida are resolved through negotiation or mediation rather than trial.

During mediation, a neutral third party helps both spouses attempt to reach agreements on issues such as:

• division of marital assets 

• parenting schedules 

• child support 

• spousal support 

  
  

Florida courts often require mediation before scheduling a trial. For many families, mediation can reduce stress, save money, and allow both parties to maintain more control over the outcome.

Step 5: Parenting Plans and Child Custody

If children are involved, Florida courts prioritize the best interests of the child.

Instead of using the term “custody,” Florida uses:

• parental responsibility 

• timesharing 

  
  

Parents are generally required to create a Parenting Plan that addresses:

• where the child will live 

• visitation schedules 

• holidays 

• communication 

• decision-making responsibilities 

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Florida courts encourage both parents to remain actively involved in the child’s life whenever appropriate.

Step 6 in the Divorce Process in Florida: Going to Trial (If Necessary)

If the spouses cannot agree on certain issues, the case may proceed to trial.

At trial, a judge will make decisions regarding:

• property division 

• alimony 

• parenting matters 

• child support 

  
  

Contested divorce trials can be emotionally and financially demanding, which is why many couples attempt settlement before reaching this stage.

Step 7: Final Judgment of Dissolution of Marriage

Once all issues are resolved, either through agreement or trial, the judge enters a Final Judgment of Dissolution of Marriage.

This legally ends the marriage and outlines all final terms, including:

• asset division 

• support obligations 

• parenting arrangements 

  
  

After the final judgment is signed, both parties are legally divorced.

How Long Does Divorce Take in Florida?

The timeline depends on the complexity of the case.

An uncontested divorce may take only a few weeks or months, while a contested divorce involving children, property disputes, or alimony issues can take significantly longer.

Factors that affect timing include:

• court schedules 

• cooperation between spouses 

• complexity of financial matters 

• custody disputes 

  
  

Do You Need a Divorce Lawyer in Florida?

While some simple divorces may be handled without legal representation, many people benefit from speaking with an experienced Florida family law attorney.

A lawyer can help:

• protect your rights 

• explain your legal options 

• negotiate fair agreements 

• avoid costly mistakes 

• reduce unnecessary stress during the process 

  
  

Every family situation is unique, especially when immigration issues, business ownership, or complex financial matters are involved.

Divorce is never easy, but understanding the Florida divorce process can help you feel more prepared and informed. Whether your case is straightforward or highly contested, having the right guidance can make a significant difference for your future and your family.

If you are considering divorce in Florida and have questions about your rights, parenting concerns, or financial issues, speaking with a knowledgeable family law attorney can help you better understand your next steps.

Patricia Elizee is the Managing Partner of Elizee Law Firm, located at 1110 Brickell Avenue, Suite 315, Miami, Florida 33131. Founded in 2012, the firm represents clients in both immigration and family law matters and is known for its compassionate, client-focused, and results-driven approach. Ms. Elizee earned her Juris Doctor from the University of Miami School of Law and her Master of Laws (LL.M.) from the University of Washington School of Law.