Florida
Florida Divorce Laws (2026): Grounds, Residency, and Process
Independently fact-checked against primary sources (last audited August 18, 2026). · Reviewed by the RecordingLaw editorial team. · Law checked current as of August 18, 2026. · 5 primary sources cited on this page. How we verify our legal content
Florida is a pure no-fault divorce state, meaning either spouse can file by alleging only that the marriage is "irretrievably broken." One party must have lived in Florida for at least six months before filing, and a final judgment cannot enter until at least 20 days after the petition is filed.
Grounds for Divorce in Florida
Fla. Stat. 61.052(1) lists two grounds for divorce. The first, pleaded in nearly every Florida case, is that the marriage is "irretrievably broken." The second, rarely used, is the mental incapacity of one spouse, and it requires that the spouse have been adjudged incapacitated for at least the preceding three years.
Because Florida is a pure no-fault state, neither spouse has to prove wrongdoing to obtain a divorce. There are no fault-based grounds such as adultery or cruelty. The court will not assign blame or consider marital misconduct when granting the dissolution itself, though some financial issues (like waste of marital assets) may be raised in property proceedings.
Two situations open up extra options for the court before it rules. Under Fla. Stat. 61.052(2)(b), when there is a minor child of the marriage, or when the responding spouse denies by answer that the marriage is irretrievably broken, the court may do any one of three things: order either or both parties to consult with a marriage counselor, psychologist, psychiatrist, minister, priest, rabbi, or any other person the court deems qualified; continue the proceedings for a reasonable length of time, not to exceed three months, so the parties can attempt a reconciliation; or take such other action as may be in the best interest of the parties and the child. Note that the three-month limit attaches to the continuance, not to a counseling order, and that having minor children is enough to trigger these options even when both spouses agree the marriage is over.
The same subsection tells the court how to finish. If at any time it finds the marriage is irretrievably broken, it must enter a judgment of dissolution. If it finds the marriage is not irretrievably broken, the statute directs it to deny the petition. In practice a denial by one spouse rarely stops a Florida divorce, because the court can find the marriage irretrievably broken on one party's testimony, but the statute does contemplate denial.
Residency Requirement
At least one spouse must have lived in Florida for six months immediately before filing the petition for dissolution of marriage. This is established under Fla. Stat. 61.021.
You file in the Circuit Court of the county where you or your spouse resides. Florida has 20 judicial circuits, each containing one or more counties. If you recently moved, you must meet both the statewide six-month residency and file in the county where you are currently domiciled.
Fla. Stat. 61.021 states the rule in a single sentence and contains no special provision for military members or for time spent stationed in Florida. Under Fla. Stat. 61.052(2), residency may be corroborated by a valid Florida driver license, a Florida voter's registration card, a valid Florida identification card, or the testimony or affidavit of a third party.
Waiting Period and Separation
Florida has a 20-day waiting period from the date the petition is filed. The court cannot enter a final judgment of dissolution until at least 20 days have passed from filing, unless the court finds that delaying would work an injustice on the parties (Fla. Stat. 61.19).
Florida has no separation requirement. Spouses do not have to live apart for any length of time before one of them may file. This is different from states such as North Carolina (1 year apart) or Virginia (6 months to 1 year apart), which require physical separation as a prerequisite.
In an uncontested divorce where both parties agree on all issues, the total timeline can be as short as three to four weeks after filing. Contested divorces often take several months to over a year depending on the complexity of property, custody, and alimony disputes.
How Property Is Divided in Florida
Florida follows the equitable distribution doctrine (Fla. Stat. 61.075). This means the court divides marital assets and liabilities fairly, but not necessarily in a 50/50 split. Courts begin with a presumption of equal distribution and then consider factors such as the duration of the marriage, each spouse's economic circumstances, contributions to the marriage (including homemaking and child-rearing), and whether one spouse helped the other build career assets or education.
Florida is not a community property state. Community property states (Arizona, California, Idaho, Louisiana, Nevada, New Mexico, Texas, Washington, and Wisconsin) generally split marital property 50/50 by law. Florida's equitable distribution standard gives courts more flexibility to reach a result that reflects the particular facts of the marriage.
Only marital property is divided. Separate property, meaning assets owned before the marriage or received as individual gifts or inheritances during the marriage, typically remains with the original owner. However, separate property can become marital property if it is commingled or if marital funds are used to improve it.
Alimony, Custody, and Child Support
Alimony, custody, and child support are all addressed in the divorce proceeding but governed by their own statutes. Florida overhauled its alimony law in 2023 (SB 1416), eliminating permanent alimony and replacing it with a durational cap tied to the length of the marriage. For details on how Florida calculates and awards spousal support, see the Florida alimony laws page.
Child custody in Florida is called "time-sharing" and is governed by Fla. Stat. 61.13. Since a 2023 reform (HB 1301, effective July 1, 2023), Florida law applies a rebuttable presumption that equal time-sharing is in the child's best interests; a parent seeking a different schedule must rebut that presumption using the 20 statutory best-interests factors. See the Florida child-custody laws page for a full breakdown.
Child support in Florida is calculated using an income-shares model under Fla. Stat. 61.30, factoring in both parents' net incomes, the number of overnights with each parent, and costs for health insurance and childcare. Estimate your payment with our Florida child support calculator.
For all three topics, parties may reach a marital settlement agreement covering property, alimony, time-sharing, and support. A judge must review and approve the agreement to ensure it is fair and in the children's best interests before entering the final judgment of dissolution.
How to File for Divorce in Florida
Filing for divorce in Florida involves several practical steps. First, confirm that you or your spouse has met the six-month residency requirement.
Second, prepare the petition for dissolution of marriage using the forms available through the Florida Courts self-help website. If the divorce is uncontested with no minor children and no significant property, you may qualify for a simplified dissolution, which uses a shorter set of forms and requires both spouses to appear together.
Third, file the petition in the Circuit Court of your county and pay the filing fee (fees vary by county, typically in the range of $400 or more). If there are minor children, you must also complete and file a family law financial affidavit and a parenting plan.
Fourth, serve the petition on your spouse. Personal service by a process server or sheriff is the standard method. Your spouse then has 20 days to respond. The 20-day waiting period for the final judgment begins from the date the petition was filed.
Fifth, exchange mandatory financial disclosures. Both parties must produce financial affidavits and supporting documentation.
Sixth, if issues are contested, the parties may attend mediation. Florida courts generally require mediation before a contested final hearing.
Finally, at the final hearing, the judge reviews any agreements, hears any remaining disputes, and enters the final judgment of dissolution of marriage. Once entered, the judgment is effective immediately as to marital status.
This article is general legal information, not legal advice. Divorce law varies by state and depends on the specific facts of your marriage. For advice about your situation, consult a licensed family-law attorney in Florida.
Related pages: Divorce Laws by State (hub) | Florida Alimony Laws | Florida Child-Custody Laws
More Florida Laws
Frequently Asked Questions
How long does it take to get a divorce in Florida?
The minimum is about three to four weeks for an uncontested divorce with no children and no major assets (accounting for the 20-day waiting period and court scheduling). Contested divorces routinely take six months to two years depending on the issues.
How much does a divorce cost in Florida?
Filing fees vary by county and are generally $400 or more for a divorce with minor children. Attorney fees vary widely based on complexity; an uncontested divorce handled with a flat-fee attorney may cost a few hundred to a couple of thousand dollars, while a contested trial can cost tens of thousands.
Do I need a reason to divorce in Florida?
No. Florida is a pure no-fault state. You only need to state that the marriage is irretrievably broken. You do not have to prove adultery, abuse, or any other wrongdoing.
Is Florida a community property state?
No. Florida is an equitable distribution state. Courts divide marital property fairly based on the facts of the marriage, which often results in a 50/50 split but does not require one.
How long do I have to be separated to divorce in Florida?
Florida has no separation requirement. You can file for divorce without having lived apart from your spouse at all. The only timing rule is the 20-day waiting period after the petition is filed.
Can I get divorced without my spouse agreeing in Florida?
Yes. Because Florida is a no-fault state, your spouse cannot block the divorce by refusing to agree. If your spouse does not respond to the petition, you can seek a default. If your spouse denies that the marriage is irretrievably broken, or if there is a minor child of the marriage, Fla. Stat. 61.052(2)(b) lets the court order counseling, continue the case for up to three months to allow a reconciliation attempt, or take other action in the best interest of the parties and the child. The court enters the judgment once it finds the marriage is irretrievably broken; the same statute directs it to deny the petition if it finds the marriage is not irretrievably broken, though courts rarely make that finding when one spouse testifies the marriage is over.
Do I have to live in Florida to file for divorce there?
At least one spouse must have been a Florida resident for at least 6 months before filing. If only one spouse lives in Florida, that spouse may file. If neither has lived in Florida for 6 months, you must wait or file in your current state of residence.
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Updates
Corrected the grounds and contested-case sections against Fla. Stat. 61.052: Florida has two grounds rather than one, the three-month limit applies to a continuance rather than to a counseling order, a minor child of the marriage also triggers those options, and a court must deny the petition if it finds the marriage is not irretrievably broken; also removed an unsupported claim that a military assignment counts toward the six-month residency requirement.
Corrected the custody section to reflect Florida's 2023 rebuttable presumption of equal time-sharing (Fla. Stat. 61.13, HB 1301), which the page previously said did not exist, and fixed a swapped bill-number citation for the 2023 alimony overhaul (SB 1416, not HB 1301).
Independently fact-checked against the cited primary sources; governing law re-checked for recent changes
Governing law re-checked for recent changes
Reviewed and approved by an editor
The Law Behind This Article
This article rests on the statutory provisions below, held in our own legal record and retrieved from the official source. Tap a section to read the operative text.
Florida Statutes
§ 61.052Dissolution of marriage.In force
(1) No judgment of dissolution of marriage shall be granted unless one of the following facts appears, which shall be pleaded generally:(a) The marriage is irretrievably broken. (b) Mental incapacity of one of the parties. However, no dissolution shall be allowed unless the party alleged to be incapacitated shall have been adjudged incapacitated according to the provisions of s. 744.331 for a preceding period of at least 3 years. Notice of the proceeding for dissolution shall be served upon one of the nearest blood relatives or guardian of the incapacitated person, and the relative or guardian shall be entitled to appear and to be heard upon the issues. If the incapacitated party has a general guardian other than the party bringing the proceeding, the petition and summons shall be served upon the incapacitated party and the guardian; and the guardian shall defend and protect the interests of the incapacitated party. If the incapacitated party has no guardian other than the party bringing the proceeding, the court shall appoint a guardian ad litem to defend and protect the interests of the incapacitated party.
Official text (excerpt) · last checked 2026-09-05 · Read the full text in our law library · Verify at leg.state.fl.us
Cited in 9 court opinions in our collectionLatest citing opinion in our collection: 1999
Opinions citing this section in our collection:
- Fernandez v. Fernandez (Supreme Court of Florida 1995, 648 So. 2d 712)“…d jurisdiction. The motion alleged that the requirements of section 61.052, Florida Statutes (1991), were not satisfied because Mrs.…”
- Galbut v. Garfinkl (Supreme Court of Florida 1976, 340 So. 2d 470)“…Lippincott, Fla. App. 1973, 287 So.2d 144 . "Second, Fla. Stat. § 61.052 (2), F.S.A. clearly states that ` if, a…”
- Klarish v. Klarish (District Court of Appeal of Florida 1974, 296 So. 2d 497)“…v. Lippincott, Fla.App. 1973, 287 So.2d 144 . Second, Fla. Stat. § 61.052 (2), F.S.A. clearly states that "if, a…”
Identified automatically from the court opinions citing this section — not a ranking of which case controls.
§ 61.021Residence requirements.In force
To obtain a dissolution of marriage, one of the parties to the marriage must reside 6 months in the state before the filing of the petition.
Official text (excerpt) · last checked 2026-07-28 · Read the full text in our law library · Verify at leg.state.fl.us
Cited in 41 court opinions in our collectionLatest citing opinion in our collection: 2025
Opinions citing this section in our collection:
- Nicolas v. Nicolas (District Court of Appeal of Florida 1984, 444 So. 2d 1118)“…atisfies the six-month residency requirement established by Section 61.021, Florida Statutes (1981), for bringing a marriage dissolu…”
- Caizza v. Caizza (Supreme Court of Florida 1974, 291 So. 2d 569)“…roward County which held that the residency requirement of Fla. Stat. § 61.021 , F.S.A., was constitutional. We have j…”
- Hoffman v. Hoffman (District Court of Appeal of Florida 1989, 552 So. 2d 958)“…e petitioning husband next before the filing of the action. Section 61.021, Florida Statutes. Though there was much conflicting evid…”
Identified automatically from the court opinions citing this section — not a ranking of which case controls.
§ 61.19Entry of judgment of dissolution of marriage, delay period.In force
No final judgment of dissolution of marriage may be entered until at least 20 days have elapsed from the date of filing the original petition for dissolution of marriage; but the court, on a showing that injustice would result from this delay, may enter a final judgment of dissolution of marriage at an earlier date.
Official text (excerpt) · last checked 2026-07-28 · Read the full text in our law library · Verify at leg.state.fl.us
Cited in 2 court opinions in our collectionLatest citing opinion in our collection: 1992
Opinions citing this section in our collection:
- Lamb v. Leiter (District Court of Appeal of Florida 1992, 603 So. 2d 632)“…rely three days after the period of limitation set forth in section 61.19, Florida Statutes (1985). [3] In spite of the language…”
- Magaziner v. Magaziner (District Court of Appeal of Florida 1983, 434 So. 2d 10)“…should be set aside because it was entered in violation of section 61.19, Florida Statutes (1979), which provides: “No final jud…”
Identified automatically from the court opinions citing this section — not a ranking of which case controls.
§ 61.075Equitable distribution of marital assets and liabilities.In forcecited in 2 of our articles
(1) In a proceeding for dissolution of marriage, in addition to all other remedies available to a court to do equity between the parties, or in a proceeding for disposition of assets following a dissolution of marriage by a court which lacked jurisdiction over the absent spouse or lacked jurisdiction to dispose of the assets, the court shall set apart to each spouse that spouse’s nonmarital assets and liabilities, and in distributing the marital assets and liabilities between the parties, the court must begin with the premise that the distribution should be equal, unless there is a justification for an unequal distribution based on all relevant factors, including:(a) The contribution to the marriage by each spouse, including contributions to the care and education of the children and services as homemaker. (b) The economic circumstances of the parties. (c) The duration of the marriage. (d) Any interruption of personal careers or educational opportunities of either party. (e) The contribution of one spouse to the personal career or educational opportunity of the other spouse.
Official text (excerpt) · last checked 2026-07-28 · Read the full text in our law library · Verify at leg.state.fl.us
Cited in 189 court opinions in our collectionLatest citing opinion in our collection: 2026
Opinions citing this section in our collection:
- Amendments to the Florida Family Law Rules of Procedure & Family Law Forms (Supreme Court of Florida 2000, 26 Fla. L. Weekly Supp. 13)“…d liabilities of this marriage are to be distributed, under section 61.075, Florida Statutes. _ c. Petitioner should be awarded an…”
- Glover v. Glover (District Court of Appeal of Florida 1992, 601 So. 2d 231)“…e distribution of the marital assets and liabilities. See section 61.075, Florida Statutes (1989); Hamlet v. Hamlet, 583 So.2d…”
- Amendments to the Florida Family Law Rules (Supreme Court of Florida 1998, 23 Fla. L. Weekly Supp. 105)“…f this marriage are to be distributed, under section 61.075, Florida Statutes. *44 ____ c. Petitioner shou…”
Identified automatically from the court opinions citing this section — not a ranking of which case controls.
Also relied on in: Common Law Marriage in Florida: Is It Recognized? (2026)
§ 61.13Support of children; parenting and time-sharing; powers of court.In forcecited in 5 of our articles
(1)(a) In a proceeding under this chapter, the court may at any time order either or both parents who owe a duty of support to a child to pay support to the other parent or to a third party who has custody in accordance with the child support guidelines schedule in s. 61.30.1. All child support orders and income deduction orders entered on or after October 1, 2010, must provide:a. For child support to terminate on a child’s 18th birthday unless the court finds or previously found that the minor child, or the child who is dependent in fact and between the ages of 18 and 19, is still in high school and is performing in good faith with a reasonable expectation of graduation before he or she reaches the age of 19, or the continued support is otherwise agreed to by the parties; b. A schedule, based on the record existing at the time of the order, stating the amount of the monthly child support obligation for all the minor children at the time of the order and the amount of child support that will be owed for any remaining children after one or more of the children are no longer entitled to receive child support; and c.
Official text (excerpt) · last checked 2026-09-04 · Read the full text in our law library · Verify at leg.state.fl.us
Cited in 173 court opinions in our collectionLatest citing opinion in our collection: 2026
In the courts (editorial summary, independently checked):Florida courts have applied section 61.13 to custody disputes. McIntyre v. McIntyre (1984) held the 1982 amendments did not do away with the substantial-change-in-circumstances requirement for modification. Corey v. Corey (2009) reversed findings under subsections 61.13(3)(d) and (m) as unsupported by competent substantial evidence.
Opinions citing this section in our collection:
- Amendments to the Florida Family Law Rules of Procedure & Family Law Forms (Supreme Court of Florida 2000, 26 Fla. L. Weekly Supp. 13)“…s (are) being served. For more information, you may consult section 61.13, Florida Statutes. Some circuits may require the comple…”
- McIntyre v. McIntyre (District Court of Appeal of Florida 1984, 452 So. 2d 14)✓A remarried mother won a custody change so both children could move to Japan; the court held the 1982 amendment to section 61.13(2)(b) extended the best interests standard to modification proceedings but did not drop the substantial change requirement, and affirmed.
- Amendments to the Florida Family Law Rules (Supreme Court of Florida 1998, 23 Fla. L. Weekly Supp. 105)“…s (are) being served. For more information, you may consult section 61.13, Florida Statutes. Some circuits may require the comple…”
Identified automatically from the court opinions citing this section — not a ranking of which case controls.
Also relied on in: Florida Child Custody Laws: Parental Responsibility, Time-Sharing, and Your Rights, Florida Emancipation Laws: How to Get Emancipated in Florida (2026), Florida Child Support Laws (2026): Guidelines & Calculator
§ 61.30Child support guidelines; retroactive child support.In forcecited in 3 of our articles
(1)(a) The child support guideline amount as determined by this section presumptively establishes the amount the trier of fact must order as child support for a minor child, or a child who is dependent in fact and between the ages of 18 and 19 and who is still in high school and is performing in good faith with a reasonable expectation of graduation before he or she reaches the age of 19, in an initial proceeding for such support or in a proceeding for modification of an existing order for such support, whether the proceeding arises under this or another chapter. The trier of fact may order payment of child support which varies, plus or minus 5 percent, from the guideline amount, after considering all relevant factors, including the needs of the child or children, age, station in life, standard of living, and the financial status and ability of each parent. The trier of fact may order payment of child support in an amount which varies more than 5 percent from such guideline amount only upon a written finding explaining why ordering payment of such guideline amount would be unjust or inappropriate.
Official text (excerpt) · last checked 2026-09-03 · Read the full text in our law library · Verify at leg.state.fl.us
Cited in 239 court opinions in our collectionLatest citing opinion in our collection: 2026
In the courts (editorial summary, independently checked):The Florida Supreme Court in Finley v. Scott (1998) held the section 61.30 guideline schedule is rebuttable: a court starts from the guideline amount and may vary it by more than 5 percent only on written or on the record findings, based on the statutory factors, that the amount would be unjust or inappropriate.
Opinions citing this section in our collection:
- Amendments to the Florida Family Law Rules of Procedure & Family Law Forms (Supreme Court of Florida 2000, 26 Fla. L. Weekly Supp. 13)“…upport as determined by Florida’s child support guidelines, section 61.30, Florida Statutes. A completed Child Support Guidelines W…”
- Finley v. Scott (Supreme Court of Florida 1998, 707 So. 2d 1112)✓The father's gross income was about $266,926 a month, so the guideline pointed past $10,000 in monthly support and the trial judge ordered $5,000; the court held the section 61.30(6) schedule is rebuttable and a judge may vary more than 5 percent on written findings.
- In Re Family Law Rules of Procedure (Supreme Court of Florida 1995, 20 Fla. L. Weekly Supp. 581)“…set by Florida's child support guidelines (see section 61.30, Florida Statutes). f. ____ Child support should NOT…”
Identified automatically from the court opinions citing this section — not a ranking of which case controls.
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Sources and References
- Fla. Stat. 61.052 - Dissolution of marriage; irretrievably broken(leg.state.fl.us).gov
- Fla. Stat. 61.021 - Residence requirement(leg.state.fl.us).gov
- Fla. Stat. 61.19 - Waiting period before entry of final judgment(leg.state.fl.us).gov
- Fla. Stat. 61.075 - Equitable distribution of marital assets and liabilities(leg.state.fl.us).gov
- Florida Courts Self-Help Center(flcourts.gov).gov