Florida Divorce (Dissolution of Marriage) Filing Guide (2025)
To file for divorce in Florida, one of the parties must have resided in the state for at least six months before filing the petition. Florida is a no-fa...
Key Takeaways
- To file for a dissolution of marriage in Florida, at least one of the spouses must have lived in Florida for six months before the filing of the petition.
- Florida is a "no-fault" divorce state. This means you do not have to prove that your spouse did anything wrong to get a divorce. There are two grounds for dissolution of marriage in Florida:
- The process of filing for divorce in Florida begins with filing a Petition for Dissolution of Marriage with the appropriate circuit court.
- The time it takes to get a divorce in Florida depends on whether the divorce is contested or uncontested.
- The cost of a divorce in Florida can vary significantly.
To file for divorce in Florida, one of the parties must have resided in the state for at least six months before filing the petition. Florida is a no-fault divorce state, meaning you do not have to prove wrongdoing to end your marriage.
Florida Divorce (Dissolution of Marriage) Filing Guide (2025)
To file for divorce in Florida, one of the parties must have resided in the state for at least six months before filing the petition. Florida is a no-fault divorce state, meaning you do not have to prove wrongdoing to end your marriage.
In Florida, the legal term for divorce is "dissolution of marriage." The process involves meeting residency requirements, filing a petition with the court, and resolving issues such as property division, child custody, and alimony. This guide provides a step-by-step overview of how to file for divorce in Florida.
Table of Contents
- What are the residency requirements for divorce in Florida?
- What are the grounds for divorce in Florida?
- How do I file for divorce in Florida? Step-by-Step
- How long does a divorce take in Florida?
- How much does a divorce cost in Florida?
- Frequently Asked Questions
- Legal References
What are the residency requirements for divorce in Florida?
To file for a dissolution of marriage in Florida, at least one of the spouses must have lived in Florida for six months before the filing of the petition. [1]
Proof of residency can be established with a valid Florida driver's license, a Florida voter registration card, or the testimony of a third party.
What are the grounds for divorce in Florida?
Florida is a "no-fault" divorce state. This means you do not have to prove that your spouse did anything wrong to get a divorce. There are two grounds for dissolution of marriage in Florida:
- The marriage is irretrievably broken: This means that there is a serious, permanent breakdown of the marriage.
- Mental incapacity of one of the parties: This ground is rarely used and requires a formal adjudication of incapacity for at least three years. [2]
Because Florida is a no-fault state, the process of getting a divorce is often simpler and less contentious than in states that require proof of fault.
How do I file for divorce in Florida? Step-by-Step
The process of filing for divorce in Florida begins with filing a Petition for Dissolution of Marriage with the appropriate circuit court.
Step 1: Prepare the Divorce Petition
You will need to complete a Petition for Dissolution of Marriage. This form asks for information about you, your spouse, your marriage, and what you are asking the court to order.
Step 2: File the Petition with the Court
File the petition in the circuit court of the county where you or your spouse live. You will also need to file a Civil Cover Sheet and pay a filing fee.
Step 3: Serve Your Spouse
Your spouse must be formally notified of the divorce by being "served" with a copy of the divorce papers. This is usually done by a sheriff's deputy or a private process server.
Step 4: Exchange Financial Documents
Both parties are required to exchange financial information through a process called "mandatory disclosure." This includes financial affidavits, tax returns, and bank statements.
Step 5: Attend Mediation (If Required)
Many Florida counties require couples to attend mediation to try to resolve their issues before going to trial.
Step 6: Reach an Agreement or Go to Trial
If you and your spouse can agree on all issues, you can enter into a Marital Settlement Agreement. If you cannot agree, your case will go to trial, and a judge will decide the issues.
Step 7: Final Judgment
Once all issues are resolved, the judge will sign a Final Judgment of Dissolution of Marriage, which officially ends your marriage.
Civilly Tip: Florida offers a "Simplified Dissolution of Marriage" process for couples who have no minor children, are not seeking alimony, and have agreed on how to divide their property. This process is faster and less expensive.
How long does a divorce take in Florida?
The time it takes to get a divorce in Florida depends on whether the divorce is contested or uncontested.
| Divorce Type | Typical Timeline |
|---|---|
| Uncontested | 1-3 months |
| Contested | 6-12+ months |
Florida has a 20-day waiting period after the petition is filed before a final judgment can be entered. However, most divorces take longer than 20 days to resolve.
How much does a divorce cost in Florida?
The cost of a divorce in Florida can vary significantly.
| Cost Category | Typical Range |
|---|---|
| Court Filing Fee | $400 - $450 |
| Service of Process | $40 - $60 |
| Attorney Fees (if applicable) | $5,000 - $20,000+ |
| Mediation (if applicable) | $1,500 - $4,000 |
| Total (Uncontested) | $500 - $2,000 |
| Total (Contested) | $10,000 - $25,000+ |
Frequently Asked Questions
Do I need a lawyer to get a divorce in Florida?
No, you are not required to have a lawyer. However, it is highly recommended, especially if your case is contested or involves complex financial or child-related issues.
What is a Marital Settlement Agreement?
A Marital Settlement Agreement is a written contract between you and your spouse that resolves all of the issues in your divorce, including property division, alimony, and child-related issues.
How is property divided in a Florida divorce?
Florida is an equitable distribution state. For more details, see our Florida Property Division Guide.
How is child custody determined in Florida?
Custody decisions are based on the best interest of the child. For more information, see our Florida Child Custody Guide.
Can I get alimony in Florida?
Alimony may be awarded to either spouse. To learn more, read our Florida Alimony Guide.
Legal References
- Florida Courts - Dissolution of Marriage
- The Florida Bar - Divorce in Florida
- Florida Statutes § 61.021 (Residency Requirements)
- Florida Statutes § 61.052 (Dissolution of Marriage)
Related Articles
- Florida Property Division Guide
- Florida Child Custody Guide
- Florida Alimony Guide
- The Civilly Financial Checklist for Divorce
[1] Florida Statutes § 61.021. (n.d.). Residency Requirements. The 2025 Florida Statutes. Retrieved December 21, 2025, from http://www.leg.state.fl.us/statutes/index.cfm?App_mode=Display_Statute&URL=0000-0099/0061/Sections/0061.021.html
[2] Florida Statutes § 61.052. (n.d.). Dissolution of Marriage. The 2025 Florida Statutes. Retrieved December 21, 2025, from http://www.leg.state.fl.us/statutes/index.cfm?App_mode=Display_Statute&URL=0000-0099/0061/Sections/0061.052.html