How To File For Divorce in Florida (2021 Step by Step Guide)

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Updated: Sep 23, 2017

Six steps to an Florida divorce

Initiate the divorce process
Notify your spouse
Decide whether to pursue an uncontested divorce or a contested divorce
Decide whether to hire an attorney or not
Resolve the three big issues
Finalize all paperwork

Or you could use an online service to streamline the process

Florida divorce requirement

To file for divorce in Florida, Marriage must be irretrievably broken or one spouse is mentally incapacitated for at least three years.
If child custody, visitation or support are involved, mediation may be ordered by the court
If no children were in issue from the marriage, you may qualify for a Simplified Dissolution of Marriage
You and your spouse must be residents for six months prior to divorce
There must be a written agreement between spouses consenting to divorce and property division
No trial is necessary
Regular Dissolution of Marriage requires that at least one spouse has resided in Florida for at least six months prior to the divorce
Absolute Divorce allows you to remarry and completely resolve all property claims between spouses. Limited Divorce is akin to legal separation and disallows remarriage; you or your spouse may continue to seek ownership of assets.

Reason for divorce

Florida is a No-Fault state which means that there does not have to be any illicit behavior as grounds for divorce.
As long as you or your spouse allege that the marriage is “irretrievably broken”, the marriage can be dissolved.
Any issues of wrongdoing on the part of one or both spouses may, however, influence the judge’s decision regarding child custody, spousal support and asset division
Mental incapacitation is grounds for divorce and is defined by Florida law as
Your spouse must be pronounced mentally incompetent by a legal authority
Your spouse must be mentally incompetent for at least three years prior to the divorce filing

Helpful tips!

Florida permits you to apply for a divorce pro se, i.e. without an attorney. This process can be easily completed with the assistance of an online divorce service that will allow your to complete your paperwork in less than an hour. For $299, 3stepdivorce.com will walk you through creating all of the necessary divorce forms in hours not days, and they also provide a step-by-step guide through the Florida divorce process as well.
If you are unsure how to proceed with your divorce, you can ask a legal professional at JustAnswer.com. Best of all, this service is absolutely affordable for anyone!
Because Florida offers a simplified divorce process, it is in your best interests to come to an agreement with your spouse regarding consent for the divorce and asset division. Amicable divorces are considerably less expensive and time-consuming.
If you have children, don’t use them as pawns in the divorce. You love your children, and your spouse does as well. Allow your spouse access to the children through the phone or visitation during the divorce and the divorce process is likely to be easier for it.

Step 1: Starting the Florida divorce process

A divorce in Florida starts with the filing of a Petition for Dissolution of Marriage. There are four types of this form:

Petition for Simplified Dissolution of Marriage
Petition for Dissolution of Marriage with Dependent or Minor Child(ren)
Petition for Dissolution of Marriage With Property But No Dependent or Minor Child(ren)
Petition for Dissolution of Marriage With No Dependent or Minor Child(ren)or Property

In order to qualify for a Simplified Dissolution of Marriage, you must meet the following criteria:

You or your spouse must have resided in Florida for six continuous months prior to filing
Both spouses must sign and agree to all documents filed
No minor children may be involved
The wife may not be pregnant
You and your spouse agree to asset division in writing
No spousal support for either spouse is desired
Both spouses waive their right to appeal
All financial information is readily provided by both spouses
Both spouses visit the county clerk to sign the petition
Both spouses must attend a final court hearing
You must file a petition in the Florida county where you or your spouse reside and pay the required filing fee.

Step 2: Provide your spouse notice

If you initiate a divorce proceeding, you must provide legal notice to your spouse. There are a number of methods to serve divorce papers to a spouse:

Entrust service of process to the county Sheriff’s office
Provide legal notice in person
Deliver the papers via mail to the respondent’s legal representative, home or business
Use a process server

Answer to Divorce

Within 20 days, your spouse must file an Answer with the court, which agrees or denies each allegation in the petition. Your spouse has the option of filing a Counter Petition which details additional reasons for seeking a divorce. Within 45 days of serving notice, both you and your spouse must file a number of required financial documents. If both parties agree to the points within the original petition, then an uncontested divorce may be had. An uncontested divorce requires that both parties sign a written agreement stipulating terms of property division, alimony and child support. This expedited process requires only a final hearing in court to finalize the divorce.

Waiver of Service

If your spouse fails to provide an Answer within 20 days, you may file a Motion for Default. If approved, you may complete the divorce with the judge largely agreeing to the points in the original petition. a default judgment eliminates the need to consider any opinions from the respondent spouse, although it may not relinquish their right to equitable distribution of assets and liabilities.

Step 3: Contested or Uncontested divorce?

If your spouse files an Answer that disagrees with any of the allegations in the Petition for Dissolution of Marriage, or a Counter Petition, then you will face a contested divorce. This can be a costly and lengthy process which almost always requires the services of an experienced divorce attorney.

Contested Divorce (Expensive Litigation)

If your spouse does not want to end the marriage, the judge may order marital counseling
In some cases, a judge may delay proceedings up to 90 days to allow for possible reconciliation
If there is disagreement about certain issues, the judge may appoint a mediator to help resolve conflicts and produce a settlement
If mediation fails, then you and your spouse will have to rely on the judge’s determination to decide unresolved issues
During the course of a contested divorce, attorneys will conduct discovery which is investigation into the facts surrounding conflicts. This may involve document review, witness interviews and subpoena of third parties.
Although illicit behavior may not be grounds for divorce in Florida, it does play a significant role in determining the outcome of asset division and child custody.
Most contested divorces cost tens of thousands of dollars for each party, primarily in legal fees

Uncontested Divorce (Cost Effective Settlement)

If you and your spouse can reach an agreement on all of the major issues, you can avoid a costly legal battle
These issues should include asset division, spousal support and child custody
A written agreement must be signed by both parties
In some cases, an uncontested divorce may only cost a few hundred dollars

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Step 4: Choosing the right divorce method?

Do it Yourself (Lowest Cost)

If you can reach an agreement with your spouse before you file for divorce, this will make the process simple enough that you don’t require professional legal counsel. In most uncontested and simplified divorces in Florida, you can represent yourself, i.e. pro se, saving yourself months of paperwork and needless expenses on court and attorney fees. With the assistance of an online divorce service, you can answer a few questions about the nature of your divorce and be supplied with all of the necessary documents to complete the process. For a flat $299, 3stepdivorce.com is our favorite option on the market and makes the filing a Florida divorce online a breeze.

Mediation (Moderate Cost)

Mediators are neutral, third parties who can be found independently, or recommended by the court. These professionals cannot bind you or your spouse to an agreement, but they can offer advice and solutions which can eliminate the need for a trial. In most cases, mediation may be had for a fraction of the cost of attorneys.

Divorce Attorneys (High Cost)

If you and your spouse are unable to reach a binding, written agreement, you will have to go to trial. In that case, you will almost certainly need to hire a divorce attorney who has experience in litigation. Although the actual trial may only last a few hours or days, there may be months of discovery and trial preparation which can run the cost of the divorce into the tens of thousands of dollars.

You will need legal counsel to guide you through the intricate litigation process
Your spouse will likely hire an attorney
If you need to negotiate with your spouse, an attorney will better represent your interests
Your attorney will make motions and file the paperwork necessary to protect your legal rights
Expert legal counsel can provide the stratagems necessary for a favorable outcome
At the trial, you will need an experienced litigator who can effectively make arguments

Step 5: Asset division, child custody and spousal support

The thorniest issues in most divorces involve property distribution, spousal support and child custody. If you and your spouse can come to an agreement on all of these issues, it is in your best interests to do so.

Asset Division

Although Florida espouses “equitable distribution” when dividing assets and liabilities, there are a number of factors which can influence the outcome. Most judges will consider the station of each spouse and their contributions to the marriage.

Length of marriage
Career or educational sacrifices made by each spouse
You and your spouse’s economic circumstances
Financial and other types of contributions to the marriage
Each spouse’s contribution to income growth
Liabilities incurred by each spouse
Waste or destruction of assets following the filing of the divorce petition

In dividing assets, a judge will distinguish between marital and non-marital property. This is often distinguished by the following criteria:

Assets set aside in a prenuptial agreement
Income derived from separate property
Property owned prior to the marriage that is not commingled

In Florida, there is often a presumption that property acquired during the marriage is considered marital. During the divorce, you and your spouse may agree to a value for each asset, or the judge may assign a value. The judge may then split the property among the parties, or, if the property cannot be divided, they may award the property to one party and an equitable financial compensation to the other.

Spousal Support

Alimony or spousal support is awarded on the basis of the following criteria:

Length of marriage
Standard of living during the marriage
Age and health of each spouse
Each spouse’s financial resources
Contributions to the marriage
Length of time for a spouse to complete education or professional training

A court may award the following types of alimony:

Bridge the Gap—this type of support may not exceed two years and is intended to help transition from married to single life
Rehabilitative—this is intended to support a spouse while they complete school or vocational training
Durational—if the marriage was less than 7 years in length, then a short term of support. If between 7 and 17 years, then a moderate period of support.
Permanent—if the marriage was longer than 17 years in duration, then an indefinite period of spousal support may be awarded.

Alimony may take the form of periodic payments, a lump sum, or a combination.

Child Custody

Florida has instituted some progressive laws regarding child custody. These laws are found in the Uniform Child Custody Jurisdiction and Enforcement Act or uccje . These laws encapsulate the following two objectives:

Each child should have frequent and continuing interactions with both parents
Both parents should share the rights and responsibilities of child rearing

Florida courts will try to award joint custody unless there is clear evidence of parental incapacity, e.g. violence, abuse. Shared parental responsibility involves both parents in decision making with regard to minor children. In order to educate parents,

Florida requires that divorcing parents take and complete the Parent Education and Family Stabilization Course. This four hour course will prepare you to work with your spouse to develop a time-sharing and parenting plan.

Step 6: Finalizing your Florida divorce

If your spouse has waived their rights following notice, or if they failed to answer the Petition for the Dissolution of Marriage, you may proceed directly to the final hearing. In most cases, the judge will award you the concessions sought in the petition.

The minimum amount of time for a divorce is 60 days. If you are involved in a contested divorce, you will have to attend a trial. You and your spouse’s lawyers will attempt to convince the judge to side with them. This trial may take only a morning or several days. Following the judgment of the court, you and your spouse must attend a final hearing where the judge will sign the Final Judgment of Dissolution.

Helpful Resources to help understand the divorce process can be found on Florida gov site here.

Guides & Articles

Sometimes you need a little more advice from experts or you just need some help on figuring out how to deal with your emotions during divorce. Don’t worry, our blog strives to be a helpful resource for filing an online divorce, marriage, finances, child custody, alimony, emotions, child support, legal separation, military divorce and much more.

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State Divorce Procedures

Figure out the divorce process in your state without the hassle of browsing through complicated government sites or spending hours browsing multiple sites.

We have collected and written down the divorce process for all 50 states to help you reduce the stress of finding the needed steps to file a divorce in your state.

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Divorce Forms

Each state has a different set of divorce forms and paperwork that’s needed to properly complete your filling. There are hundreds of forums on the web that are either updated and will waste a lot of your time by getting your divorce papers rejected by your local city clerk.

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