In 2021, Florida’s divorce rate was 3.4 per 1,000 residents, placing it among the top ten states for divorce rates nationally. With so many couples navigating this process, understanding how to file for divorce in Florida is essential. Whether your divorce is straightforward or complex, knowing the legal steps can help you move forward with clarity and confidence.
Florida is a no-fault divorce state, meaning that neither spouse has to prove wrongdoing to dissolve the marriage. Instead, one party must state that the marriage is “irretrievably broken” for the court to grant a divorce. However, that doesn’t mean the process is always simple. Issues like property division, child custody, and spousal support can complicate matters.
This blog breaks down the divorce process in Florida step by step. Whether you’re considering a divorce or are already in the middle of one, this blog will help you understand your rights, responsibilities, and the legal steps involved.
What is the Divorce Process in Florida?
Florida law refers to divorce as “dissolution of marriage,” and the process varies depending on the circumstances of the couple. While some divorces are straightforward, others require court intervention to resolve disputes.
There are two main types of divorce in Florida:
- Uncontested Divorce – Both spouses agree on all aspects of the divorce, including child custody, division of assets, and alimony. Because there are no disputes, the process is generally faster and less expensive.
- Contested Divorce – Spouses disagree on one or more key issues, requiring negotiation, mediation, or even court to settle the terms. Contested divorces can be lengthy and costly.
Additionally, Florida offers two alternative divorce methods:
- Simplified Dissolution of Marriage – A fast-track process for couples who meet specific criteria, such as having no minor children, agreeing on property division, and waiving alimony.
- Collaborative Divorce – A cooperative approach where both spouses and their attorneys work together to resolve disputes outside of court.
Step-by-Step Guide to Filing for Divorce in Florida
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Step 1: Filing the Divorce Petition
The divorce process begins when one spouse (the petitioner) files a Petition for Dissolution of Marriage with the circuit court in the county where they or their spouse live. This document states that the marriage is broken and outlines any requests regarding property division, alimony, child custody, and support.
After filing, the petitioner must formally serve the other spouse (the respondent) with a copy of the petition and a court summons.
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Step 2: Responding to the Petition
The respondent has 20 days to file an Answer with the court. In this response, they can either agree or disagree with the terms outlined in the petition. If they disagree, they may also file a Counterpetition, stating their own requests.
If the respondent fails to respond within the 20-day window, the court may issue a default judgment, granting the divorce based on the petitioner’s terms.
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Step 3: Submitting Required Documentation
Both parties must submit various legal and financial documents to ensure transparency and fairness in the proceedings. These may include:
- Financial Affidavits – A detailed report of each spouse’s income, expenses, assets, and debts.
- Child Support Guidelines Worksheet – If children are involved, this document helps calculate child support obligations.
- Parenting Plan – If the couple has minor children, they must submit a written plan detailing custody arrangements and decision-making responsibilities.
Failing to submit these documents can result in delays or unfavorable court rulings.
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Step 4: Exchanging Financial Information
Florida law requires both spouses to fully disclose their financial situation as part of the divorce process. This ensures a fair division of assets and helps determine spousal and child support.
Each spouse must provide bank statements, tax returns, property records, and any other financial documents requested by the court. If one party attempts to hide assets, it can result in serious legal consequences.
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Step 5: Resolving Disputes Through Mediation
If spouses cannot agree on key issues, they may be required to attend mediation before going to trial. A neutral third-party mediator helps facilitate discussions and guide the couple toward a mutually acceptable agreement.
Mediation is often quicker and less expensive than a court battle. However, if mediation fails, the divorce will proceed to a hearing or trial, where a judge will make the final decisions.
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Step 6: Establishing a Parenting Plan
For couples with minor children, Florida law requires a parenting plan to be approved by the court. This plan should outline:
- How parental responsibilities will be shared
- A time-sharing schedule for each parent
- Decision-making authority for education, healthcare, and other important matters
- Communication guidelines between parents and children
Florida courts prioritize the best interests of the child, so a parenting plan must reflect a stable and supportive environment for them.
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Step 7: Finalizing the Divorce in Court
If both parties reach an agreement, the court will schedule a final hearing where a judge reviews the case and issues a Final Judgment of Dissolution of Marriage. If disputes remain, the case may proceed to trial, where a judge will determine the outcome.
Once the final judgment is signed, the divorce is legally complete, and both parties can move forward separately.
Do You Need Legal Separation Before Divorce in Florida?
No, Florida does not require legal separation before filing for divorce. Unlike some states, Florida allows couples to proceed directly with a divorce as long as one spouse has lived in the state for at least six months before filing.
However, some couples choose to create a separation agreement to outline financial and custody arrangements before officially divorcing. While not required, this can provide clarity and structure during the transition period.
Contact a Miami Divorce Lawyer Today
The divorce process in Florida can be complex, especially if disputes arise over finances, child custody, or property division. Having an experienced attorney can help ensure your rights are protected and that the process moves forward as smoothly as possible.
If you’re considering filing for divorce in Florida, contact Farber Law at (305) 520-9205 or email hyf@farberlawpa.com for expert legal guidance. Our team can help you understand your options, negotiate fair terms, and advocate for your best interests throughout the divorce process.
About the Author: Helena Y. Farber is an attorney in Aventura, Florida, whose practice is concentrated on divorce and family law. She can be reached at (305) 520-9205 or via email at hyf@farberlawpa.com.
Disclaimer: This blog is provided solely for educational reasons and to provide you with general information and a general grasp of the law, not to provide particular legal advice. By using this blog site, you acknowledge that you and the blog do not have an attorney-client relationship. The Blog is not intended to replace competent legal counsel from a certified professional attorney in your state.