Meta description: Learn how to start the divorce process in Florida, including residency rules, required forms, filing fees, serving papers, financial disclosure, and what happens next.
Starting a divorce in Florida means filing a petition for dissolution of marriage with the appropriate circuit court. The process involves meeting the state’s residency requirement, choosing the correct type of case, sharing financial information, and resolving issues such as property, support, and parenting. Knowing the steps—and the deadlines that follow—can help spouses prepare and avoid preventable delays. Florida’s court forms and procedures provide a framework, but a contested or financially complex divorce may require advice from a Florida family-law attorney.
Check Florida’s Residency Requirement
Before filing, at least one spouse must have lived in Florida for six months immediately before the petition is filed. Florida Statutes section 61.021 sets this requirement. The spouses do not both need to be Florida residents, and they do not need to have lived in the same Florida county.
The filing spouse must provide proof of residency. Common evidence includes a Florida driver’s license or state identification card issued at least six months before filing, a voter-registration card, or testimony from a witness who can verify the spouse’s Florida residence. The court may accept other credible evidence, such as documents showing a Florida address, depending on the circumstances.
Florida is a no-fault divorce state. A petition generally states that the marriage is irretrievably broken, meaning it cannot be repaired. In limited circumstances, a court may delay a final judgment for up to three months if there is a reasonable possibility of reconciliation. A spouse may also seek a divorce based on a court finding that one party has been mentally incapacitated for at least three years.
Decide Which Type of Florida Divorce to File
Most Florida divorces proceed as a regular dissolution of marriage. That route allows the court to address disagreements about property, debts, alimony, child support, parental responsibility, and time-sharing. It can be uncontested if the spouses reach agreement, or contested if the court must resolve one or more disputes.
Some couples may qualify for a simplified dissolution of marriage, a shorter process with fewer formal steps. Generally, both spouses must agree to use it, agree that the marriage is irretrievably broken, and resolve how to divide assets and debts. They must also meet requirements concerning children, pregnancy, alimony, and court attendance. For example, simplified dissolution is generally unavailable if the spouses have a minor or dependent child together or if either spouse is seeking alimony. The current Florida Supreme Court forms list the complete eligibility requirements.
Simplified dissolution is not automatically the best option simply because a couple agrees to divorce. It can limit discovery and other procedures used to obtain information or address disputes. Couples should review the official instructions and consider legal advice before choosing it.
Identify the Issues That Need to Be Resolved
Before completing forms, make a practical list of what the divorce must settle. The issues depend on the family’s circumstances, but often include:
- Assets and debts: Homes, vehicles, bank accounts, retirement benefits, credit cards, loans, and other property or obligations.
- Alimony: Whether one spouse may be entitled to financial support under Florida law.
- Children: Parental responsibility, a parenting plan, time-sharing, child support, health insurance, and related expenses.
- Temporary arrangements: How bills, housing, parenting time, and support will be handled while the case is pending.
Florida generally follows equitable distribution principles for marital assets and liabilities. Equitable does not always mean an equal division; the court considers statutory factors and may approve an agreement reached by the spouses. Property acquired or debts incurred during the marriage are not automatically classified based only on whose name appears on an account or title. The source, timing, and circumstances may matter.
Find the Correct Court and Obtain the Forms
Divorce cases are filed in Florida circuit court, in the family-law division. The petition is usually filed in the county where either spouse resides, subject to applicable venue rules and local procedures. Each circuit may have additional filing instructions, document requirements, or hearing procedures, so the county clerk’s website is an important source of local information.
Florida’s official court website provides Supreme Court-approved family-law forms and instructions. The forms commonly needed for a regular dissolution include a petition, a financial affidavit, and notices or other documents required by the circumstances. Cases involving children generally require additional documents, such as a parenting plan and child-support information. The correct petition depends on whether the spouses have children, assets, debts, or other issues covered by separate form versions.
Forms are updated periodically. Use the current versions from the Florida Courts family-law forms page rather than relying on an old copy or an unofficial template. Court self-help staff may explain filing procedures, but they cannot provide legal advice about what a person should request or how a judge might rule.
Prepare and File the Petition
The petition for dissolution of marriage formally opens the case and tells the court what orders the filing spouse is asking it to make. It includes basic information about the marriage, residency, children, and the relief requested. A spouse who files is called the petitioner; the other spouse is the respondent.
Accuracy matters. Incomplete information, inconsistent dates, or requests that do not match the facts can lead to corrections or delay. The petitioner should review the form instructions carefully, attach required documents, and sign each document as directed. Some forms require signing in front of a notary or deputy clerk; others may permit a different signature process under current rules.
The case is filed with the clerk of the circuit court. Filing may be available in person or through Florida’s statewide electronic filing system, depending on the filer and document. A filing fee is generally due, and the amount varies by county and case type. People who cannot afford the fee may ask the clerk about applying for indigent status; approval depends on the court’s financial criteria. Filing a petition does not by itself end the marriage—the marriage ends only when the court enters a final judgment.
Serve the Other Spouse
After filing a regular dissolution petition, the respondent must receive formal notice of the case. This is called service of process. In most cases, the petitioner cannot personally hand over the papers. A sheriff’s deputy or authorized process server typically delivers them, following Florida law and court rules.
The respondent may sign a valid waiver or acknowledgment of service when appropriate, but that document does not necessarily waive the right to participate or respond. If the respondent’s location is unknown despite diligent efforts, a different procedure—often involving constructive service—may apply. Constructive service has special notice rules and can restrict the types of relief a court may grant, so legal advice is especially useful in that situation.
Once served, the respondent generally has 20 days to file a response, subject to the applicable rules and circumstances. If no response is filed, the petitioner may ask the court to enter a default, but a default does not automatically grant every request in the petition. The court still must follow the law and may require evidence or a hearing.
Complete Financial Disclosure
Financial transparency is a central part of a Florida divorce. In regular dissolution cases, Florida Family Law Rule of Procedure 12.285 generally requires each spouse to exchange specified financial documents and a financial affidavit. Required disclosures commonly include information about income, expenses, assets, liabilities, tax returns, pay records, and account statements.
Many required disclosures are due within 45 days after service of the petition, unless a rule-based exception, waiver, court order, or other applicable procedure changes the requirement. The exact obligations depend on the case and current rules. A spouse should not assume that an agreement to divorce eliminates financial disclosure duties; the parties may need to follow a formal waiver process, and some requirements may not be waivable.
Gathering records early can make the process more manageable. Useful documents may include recent tax returns, bank and retirement statements, mortgage and loan information, insurance records, pay stubs, and documentation of significant property. Complete, truthful disclosure helps the spouses negotiate and gives the court a reliable basis for decisions. Hiding assets or providing misleading information can damage credibility and may result in legal consequences.
Address Children, Parenting Plans, and Support
When the spouses have a minor child together, Florida requires decisions about parental responsibility and time-sharing. A parenting plan describes how parents will make major decisions and how the child will spend time with each parent. Courts focus on the child’s best interests, not on a presumption that one parent should automatically receive a particular schedule.
Parents generally must complete an approved parenting course before a final judgment, as required by Florida law and the court’s instructions. The course is designed to address the effects of separation and divorce on children. Requirements and timing should be confirmed with the local circuit and the current court forms.
Child support is calculated under Florida’s guidelines, which consider factors such as each parent’s income, the number of overnights, health-insurance costs, and qualifying child-care expenses. The result may differ from a simple income split. Parents can submit an agreed plan and support arrangement, but the court must still determine whether the proposed terms comply with applicable law and serve the child’s interests.
Consider Mediation and Temporary Orders
Many Florida circuits require mediation in contested family-law cases before a trial. A neutral mediator helps the spouses explore settlement, but does not decide the case or force either party to agree. Mediation can resolve some or all issues, reducing the need for a judge to make decisions. Agreements should be written clearly and submitted in the required form for court approval.
While the case is pending, a spouse may need temporary orders concerning support, use of a home or vehicle, payment of bills, or parenting arrangements. A request for temporary relief is made through the court and may require a hearing. Temporary orders generally address the period before the final judgment and do not necessarily determine the final outcome.
Negotiation is not appropriate in every situation. If there is domestic violence, coercive control, or a serious safety concern, the person affected should prioritize safety and ask about protective orders and court procedures. Mediation and communication arrangements may need to be modified to protect participants.
Know What Happens Before the Final Judgment
After service and disclosure, the case may proceed through negotiation, mediation, hearings, and—if disputes remain—a trial. The timeline varies considerably. A cooperative case with complete paperwork can move more quickly than one involving disputed finances, business interests, parenting issues, or difficulty serving a spouse.
Before the court enters a final judgment, it generally must receive the required forms and determine that the legal requirements have been met. In some uncontested cases, the court schedules a brief final hearing. The petitioner should bring or submit documents as directed and be ready to answer questions under oath. A judge reviews the proposed settlement and retains authority over issues involving children and other matters governed by law.
Once the judge signs and the clerk records the final judgment of dissolution, the marriage is legally ended. The judgment states the court’s decisions or approves the parties’ settlement. Each spouse should keep a copy and understand any deadlines or steps required to carry out the orders, such as transferring property, updating insurance, or implementing a parenting schedule.
When Legal Advice Is Especially Important
Florida’s forms can help people handle straightforward cases, but they do not replace tailored legal advice. An attorney may be particularly valuable when there are children, a home or business, substantial retirement savings, hidden or disputed assets, significant income differences, a spouse living outside Florida, or disagreement about support or parenting. Legal assistance can also help when a spouse has difficulty understanding disclosures or responding to court papers.
For official information, consult the Florida Courts website, the family-law forms and instructions, and the clerk of the circuit court in the filing county. Florida Statutes section 61.021 addresses residency, section 61.052 addresses dissolution grounds, and section 61.21 covers parenting courses. Court rules and forms can change, so current official materials should be checked before filing. This article provides general information, not legal advice for a specific case.