Divorce in Florida: Laws, Requirements, and Process
A complete guide to getting a divorce in Florida. Covers grounds, residency requirements, property division, alimony, child custody, and what to expect from the process.
Data last updated: Apr 16, 2026Key Takeaways
- Property division: Equitable distribution.
- Residency requirement: 6 months in the state.
- Waiting period: 20 days from filing (mandatory cooling-off period).
- Filing fee: $400 - $450.
Grounds for Divorce
Florida allows no-fault divorce. The no-fault ground is: Marriage is irretrievably broken.
Florida is a pure no-fault state. No fault-based grounds are available.
Residency Requirements
6 months in the state.
Property Division
Florida is an equitable distribution state. Florida follows equitable distribution. Courts begin with the presumption of an equal split of marital assets and liabilities, then adjust based on factors including the duration of the marriage, each party's economic circumstances, contributions to the marriage, and any intentional dissipation of assets.
Alimony / Spousal Support
Florida courts may award several types of alimony: temporary, bridge-the-gap, rehabilitative, and durational. Following 2023 reforms, permanent alimony was eliminated. Factors include the standard of living during the marriage, the duration of the marriage, the financial resources of each party, and each spouse's earning capacity.
Child Custody
Florida uses the term 'time-sharing' instead of custody. Courts create parenting plans based on the best interest of the child, considering the capacity of each parent to facilitate a close relationship with the other parent, the moral fitness of parents, and the child's preference.
Child Support
Florida uses the income shares model. Both parents' net incomes are combined, and the child support amount is based on guidelines that consider the number of children and the time-sharing schedule.
Filing Fee
The filing fee for divorce in Florida is $400 - $450. Fee waivers may be available for those who cannot afford to pay.
Florida court divorce resources
Related Resources
Frequently Asked Questions
-
What are the grounds for divorce in Florida?
Florida is a pure no-fault divorce state. The only ground for divorce is that the marriage is irretrievably broken. Neither spouse needs to prove fault or wrongdoing.
-
How long do you have to live in Florida to file for divorce?
At least one spouse must have been a resident of Florida for at least 6 months before filing the petition for dissolution of marriage.
-
How is property divided in a Florida divorce?
Florida uses equitable distribution. The court starts with a presumption of equal division of marital assets and debts, then may adjust the split based on factors such as each spouse's contributions, the marriage duration, and economic circumstances.
-
How long does a divorce take in Florida?
Florida has a 20-day mandatory waiting period after filing. Uncontested divorces can be finalized in as little as 4 to 6 weeks. Contested cases can take 6 months to over a year.