Florida Divorce questions
Frequently Asked Questions About Divorce in Florida
Getting Started
How do I file for divorce in Florida?
File a Petition for Dissolution of Marriage with the circuit court clerk in your county. State that your marriage is “irretrievably broken.” Include your requests for property division, support, and any issues involving children. After filing, you must formally serve your spouse. Your spouse then has 20 days to respond.
Do I have to live in Florida to file?
Yes. At least one spouse must live in Florida for six continuous months before filing. You can prove residency with a Florida driver’s license, voter registration card, or an affidavit from someone who can confirm your residence.
What is a “no-fault” divorce?
Florida uses a no-fault system. You do not need to prove wrongdoing such as infidelity or abandonment. You only need to state that the marriage is irretrievably broken.
Timeline & Process
How long does a divorce take in Florida?
The timeline varies. An uncontested divorce with no children may take 4–6 weeks. A contested case with custody or complex assets can take 6–18 months or longer. Florida also requires a 20-day waiting period after filing before a judge can enter a final judgment.
What is the difference between contested and uncontested divorce?
In an uncontested divorce, both spouses agree on all major issues. These include property division, support, and parenting arrangements. You submit a signed marital settlement agreement to the court.
In a contested divorce, you disagree on one or more issues. You may need negotiation, mediation, or trial to resolve them.
Will I have to go to court?
Most uncontested divorces require only a brief final hearing. Courts often conduct these hearings remotely.
Contested cases may require multiple hearings. These can include temporary relief hearings, mediation, and possibly a trial.
Children & Timesharing
How is timesharing determined in Florida?
Courts base timesharing on the child’s best interests. Judges consider each parent’s ability to meet the child’s needs, the child’s relationships, and each parent’s willingness to support the other parent’s involvement. Courts usually favor meaningful involvement from both parents unless safety concerns exist.
What is a parenting plan?
A parenting plan is required when minor children are involved. It outlines the timesharing schedule and decision-making responsibilities for education, healthcare, and other major issues. It also explains how parents will communicate. Parents can agree on a plan, or the court will create one.
Can timesharing be modified later?
Yes. You must show a substantial, material, and unanticipated change in circumstances. The court will again apply the best interests standard.
Finances & Property
How is property divided in Florida for Divorce?
Florida follows equitable distribution. Courts divide marital assets and debts fairly, but not always equally. Judges consider each spouse’s contributions, financial situation, and the length of the marriage.
What is equitable distribution?
Courts start with the assumption of equal division. They then adjust based on statutory factors. These include financial circumstances, contributions to the marriage (including homemaking), and any waste of assets.
Will I pay or receive alimony?
It depends on the length of the marriage, each spouse’s finances, earning capacity, and the marital standard of living. Florida law no longer allows permanent alimony. Courts typically award time-limited support based on the type of marriage.
What happens to retirement accounts?
Courts treat retirement accounts earned during the marriage as marital property. Division often requires a Qualified Domestic Relations Order (QDRO). Complex accounts may need expert valuation.
Costs & Practical Concerns
How much does a divorce cost?
Filing fees typically range from $400–$500. Total costs vary. An uncontested divorce may cost $500–$2,000. A contested case can cost $5,000–$30,000 or more, depending on complexity.
Can my spouse make me pay their attorney’s fees?
Possibly. Courts may order one spouse to contribute to the other’s fees. Judges base this decision on financial need and ability to pay.
How should I prepare for divorce?
Gather key financial documents early. Collect bank statements, tax returns, pay stubs, retirement statements, mortgage documents, and insurance policies. A clear financial picture helps your attorney and can speed up the process.
Special Situations
What if my spouse won’t agree to the divorce?
Your spouse cannot stop the divorce. If they fail to respond or cooperate, the court can enter a default judgment. The process may take longer, but it will move forward.
What if there are safety or substance abuse concerns?
Seek help immediately if you or your children are in danger. You can request a domestic violence injunction or raise concerns in your case. Courts may order supervised timesharing, evaluations, or other protections.
Can I move with my child after divorce?
Relocation of more than 50 miles for at least 60 days requires court approval or written consent from the other parent. You must file a petition and show the move serves the child’s best interests. Unauthorized relocation can lead to serious legal consequences.
Need More Guidance?
Every divorce is different. These answers provide general information, not legal advice. Speak with a qualified attorney about your specific situation.
Call Debora A. Diaz, Esquire at 727-846-1802 to schedule a consultation, or use the scheduling link. Consultations are available by phone or video for convenience.
Debora A. Diaz practices exclusively family law in Florida and is a Florida Supreme Court Certified Family Mediator.
Disclaimer: This content is for informational purposes only. It does not create an attorney-client relationship. Consult a licensed Florida family law attorney for legal advice tailored to your situation.