Divorce Law in Florida
This page covers divorce law as it applies in Florida — the state and federal laws that govern it, filing deadlines, where to get help, and notable in-state decisions. For what divorce protects generally, see the national overview.
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Quick answer
Florida is a no-fault divorce state, meaning neither spouse has to prove any wrongdoing — courts only need to find that the marriage is irretrievably broken. At least one spouse must have lived in Florida for 6 months before filing the petition. Courts divide marital property equally in most cases and determine child-custody arrangements based on the best interests of the children. Deadlines in a divorce case can come up quickly — a spouse served with divorce papers generally has only 20 days to respond.
Laws that govern divorce in Florida
Florida state law
- Dissolution of Marriage; Support; Time-SharingFla. Stat. ch. 61
Florida's comprehensive divorce statute governing grounds for dissolution, property division, alimony, parenting plans, and child support.
- Grounds for Dissolution of MarriageFla. Stat. § 61.052
Establishes Florida as a no-fault divorce state, requiring only that the marriage be irretrievably broken — no proof of wrongdoing by either spouse is needed.
- Equitable Distribution of Marital Assets and LiabilitiesFla. Stat. § 61.075
Directs courts to divide marital assets and debts equally unless a specific justification for an unequal split is proven, and defines marital versus nonmarital property.
- AlimonyFla. Stat. § 61.08
Authorizes bridge-the-gap, rehabilitative, and durational alimony, with duration caps tied to the length of the marriage and a requirement that the recipient demonstrate financial need.
- Time-Sharing, Parental Responsibility, and Parenting PlansFla. Stat. § 61.13
Establishes the best-interests-of-the-child standard, a rebuttable presumption favoring equal parenting time, and a requirement for a written parenting plan in every case involving minor children.
- Child Support GuidelinesFla. Stat. § 61.30
Sets the income-based formula for calculating child support obligations, including adjustments for shared time-sharing arrangements and the rules governing retroactive support.
Florida-specific deadlines for divorce cases
Enter the date your problem happened to see which deadlines may already have passed. Not every deadline applies to every situation — this is a general estimate, not legal advice. Deadlines can be shorter, paused, or extended.
- Residency requirement before filing for divorce: 6 months
At least one spouse must have been a Florida resident for 6 months before the dissolution petition is filed. This is an eligibility requirement — if neither spouse meets it, Florida courts cannot grant the divorce.
Fla. Stat. § 61.021
- Minimum waiting period before a final divorce judgment can be entered: 20 days
No final judgment of dissolution of marriage may be entered until at least 20 days after the petition is filed. A judge may waive this period only upon a showing that the delay would cause injustice.
Fla. Stat. § 61.19
- Deadline for the responding spouse to file a written answer: 20 days
The spouse who receives the petition must file a written response within 20 days of being served. Failing to respond can result in a default judgment, meaning the court may grant the divorce on the petitioner's requested terms.
Fla. Fam. L. R. P. 12.140
- Deadline for the filing spouse to complete the mandatory parenting course: 45 days
When the divorce involves minor children, the spouse who filed must complete a court-approved parenting education course within 45 days of filing. Proof of completion must be submitted before the final judgment is entered.
Fla. Stat. § 61.21
- Deadline for the responding spouse to complete the mandatory parenting course: 45 days
The spouse who received the petition must also complete the court-approved parenting education course within 45 days of being served. This requirement applies in all divorce cases involving minor children.
Fla. Stat. § 61.21
- Maximum period for which a court can order retroactive child support: 24 months
A court may order a parent to pay retroactive child support covering up to 24 months before the petition was filed, calculated based on that parent's income during those months.
Fla. Stat. § 61.30
These deadlines are general estimates. They can be shorter than they appear, and can be paused (“tolled”) or extended in specific situations. This is not legal advice. If any deadline is near or has passed, talk to a lawyer right away.
Where to go & how to get help
Government agencies and non-profit legal-help organizations for divorce in Florida.
State agency that establishes, enforces, and collects child support orders; parents can open a case, track payments, and request reviews of existing support orders through this program.
- Florida Legal Serviceslegal aid
Statewide nonprofit that provides free civil legal assistance, including family law matters such as divorce, to eligible low-income Floridians.
- Florida Courts Family Law Self-Helplegal aid
Official Florida Courts resource offering free approved divorce forms, step-by-step instructions, and links to local self-help centers and legal aid organizations statewide.
Official U.S. government starting point for finding free or low-cost legal help and legal-aid programs near you.
Locate the LSC-funded legal-aid organization that serves your county for civil (non-criminal) legal problems.
Find your state or local bar association lawyer-referral service and free legal-answer programs.
Find your state attorney general to file consumer-protection, civil-rights, or other complaints.
How to take action in Florida
- 1
Confirm you meet the 6-month residency requirement
At least one spouse must have been a Florida resident for 6 months before filing. A Florida driver's license, voter registration, or similar official documentation can help establish this.
- 2
File a Petition for Dissolution of Marriage
File the petition in the circuit court in the Florida county where you or your spouse lives. The Florida Courts website provides free approved forms (Form 12.901) to help you start.
- 3
Serve your spouse with the petition and summons
Your spouse must be officially served with the petition and a court summons. Once served, they have 20 days to file a written response, or you may be able to request a default judgment.
- 4
Complete the mandatory parenting course if minor children are involved
Both spouses must complete a court-approved parenting education course of at least 4 hours. The spouse who filed has 45 days from the filing date; the served spouse has 45 days from the date of service. Proof of completion must be filed before a final judgment can be entered.
- 5
Exchange financial disclosures and try to reach an agreement
Both spouses are required to share mandatory financial disclosure forms (Form 12.902). If you can agree on property division, support, and child arrangements, you can file a marital settlement agreement and avoid a trial.
- 6
Attend the final hearing and receive the final judgment
At least 20 days after the petition is filed, a judge can review the case and enter the final judgment of dissolution of marriage. Contested matters that cannot be resolved may be scheduled for a trial before the final judgment is entered.
A general roadmap, not legal advice — the right steps depend on your situation and deadlines.
Common questions about divorce in Florida
Do I need a reason — like adultery or abuse — to get a divorce in Florida?
No. Florida is a no-fault divorce state. The only legal ground required is that the marriage is irretrievably broken, meaning at least one spouse believes there is no chance of reconciliation. The other spouse cannot legally block a divorce by denying the marriage is broken or by refusing to cooperate.
How long does a Florida divorce typically take?
Florida law requires at least 20 days to pass after filing before a final judgment can be entered. An uncontested divorce — where both spouses agree on all issues — can often be finalized in a few months. A contested divorce involving disagreements over property, support, or children can take a year or more depending on court scheduling and the complexity of the issues.
How does Florida divide property in a divorce?
Florida law starts with the presumption that marital assets and debts should be divided equally between spouses. A judge can order an unequal split if there are specific justifications, such as one spouse wasting marital assets or a large difference in financial circumstances. Only marital property — assets and debts acquired during the marriage — is subject to division; property owned before the marriage or received as a personal gift or inheritance is generally considered separate (nonmarital) property and is not divided.
Will I receive alimony, and for how long?
Florida courts can award several types of alimony. Bridge-the-gap alimony lasts up to 2 years and helps a spouse adjust immediately after divorce. Rehabilitative alimony lasts up to 5 years to support education or retraining. Durational alimony is capped at 50% of the length of shorter marriages, 60% for moderate-length marriages, and 75% for long marriages. The spouse requesting alimony must show financial need, and the paying spouse must have the ability to pay.
How does Florida decide child custody?
Florida uses the term time-sharing rather than custody. The law presumes that equal time with both parents is in the child's best interests, though either parent can challenge that presumption by showing that equal time would not serve the child. Judges evaluate 20 specific factors, including each parent's ability to support the child's relationship with the other parent, the child's need for stability, and any history of domestic violence or abuse.
How is child support calculated in Florida?
Florida courts use a statutory formula that considers both parents' net monthly income and the number of children. The formula produces a guideline amount that courts must generally follow; deviations beyond 5% from the guideline require the judge to state specific written reasons. The number of overnights each parent has with the child also affects the calculation through a shared-parenting adjustment.
What if my spouse does not respond to the divorce petition?
If a spouse is properly served and does not file a written response within 20 days, the filing spouse may ask the court to enter a default. A default allows the case to move forward without the non-responding spouse's participation, and the court can decide matters such as property division and child arrangements based on the petitioner's evidence and requests.
Not legal advice. State-specific statutes, deadlines and procedures are being sourced and will appear here.