State Guide · Updated 2026
Divorce in Florida: Laws,
Forms & Filing — 2026 Guide
A Florida divorce requires a 20-day waiting period after filing a Petition for Dissolution of Marriage, mandatory financial affidavits, and a final court hearing. Florida is a no-fault, equitable distribution state — you don't need to prove wrongdoing, and marital assets are divided fairly, not necessarily 50/50. Florida does not recognize legal separation.
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2026 Fast Facts — Florida Divorce
Waiting Period
20 days minimum
From the date you file the Petition. Uncontested cases can finalize within a few weeks of the waiting period; court backlogs may extend this.
Florida divorce process →Filing Fee
$408 – $409 (major counties)
Miami-Dade, Palm Beach, and Hillsborough now charge $408–$409, including the $10.50 final judgment fee. Fee waivers available via Application for Determination of Civil Indigent Status (reduces fee to $25).
Florida divorce costs →Fault Required?
No — irretrievably broken
Florida is a no-fault-only state. You simply state the marriage is "irretrievably broken." Unlike Texas, there are no fault-based grounds for divorce in Florida.
Florida divorce basics →Residency
6 months in Florida
At least one spouse must have lived in Florida for 6 months before filing. Proof is strict — a Florida Driver's License issued 6+ months ago is the court's preferred evidence. You file in the Circuit Court of the county where either spouse resides.
Florida residency requirements →The Florida Divorce Timeline Explained
A Florida divorce cannot be finalized until at least 20 days have passed from the date the Petition for Dissolution of Marriage is filed. This is the shortest mandatory waiting period of any major state. How long beyond that minimum depends on whether you and your spouse agree on all terms. Uncontested cases with a completed Marital Settlement Agreement can finalize within weeks of the waiting period ending; contested cases may take a year or more.
Official reference: Florida Courts — Dissolution of Marriage Self-Help · Florida Statutes Chapter 61 — Dissolution of Marriage
Stage 1: Filing & Service
The Petitioner files the Petition for Dissolution of Marriage with the Circuit Court and pays the filing fee (~$400). The Respondent must be served by a sheriff's deputy or certified process server within 120 days of filing. In cooperative cases, the Respondent can sign a notarized Waiver of Service. The 20-day waiting period and the Respondent's 20-day window to file a response both begin at service. How to serve divorce papers in Florida →
Stage 2: Financial Affidavits & Negotiation
Both parties must exchange mandatory Financial Affidavits within 45 days of service. Florida requires the short-form affidavit for incomes under $50,000 and the long-form for incomes at or above $50,000. If children are involved, parents must complete a mandatory 4-hour Parent Education and Family Stabilization course approved by DCF. All terms are then negotiated and documented in a Marital Settlement Agreement.
Stage 3: Final Hearing & Judgment
After the 20-day window, the court schedules a final hearing. The judge reviews the Marital Settlement Agreement and, if satisfied, signs the Final Judgment of Dissolution of Marriage. For Simplified Dissolution cases, both spouses appear together at the clerk's office. Most uncontested hearings are brief. You are legally divorced when the judge signs the Final Judgment.
Typical timelines at a glance
| Simplified dissolution (eligible couples) | 3 – 6 weeks |
| Uncontested (full agreement) | 1 – 4 months |
| Partially contested (mediation) | 4 – 9 months |
| Fully contested (trial) | 12 – 36+ months |
Expert tip: To avoid court backlogs, many Florida couples choose mediation before filing — resolving all issues in advance so the court hearing is a simple review. Schedule a free call to talk through your timeline →
How Much Does a Divorce Cost in Florida?
The court filing fee for divorce in Florida is approximately $400 in most counties. Florida is relatively uniform in its filing fee structure compared to Texas, though individual county clerks set the final rate. Additional costs include service of process ($40–$100), certified copies, and any mandatory parenting class fees ($18–$39 per person) if children are involved.
Official reference: Florida Courts — Family Law Self-Help · Hello Divorce — Florida cost guide →
Cost breakdown by divorce type
| Path | Typical total cost | Best for |
|---|---|---|
| Simplified dissolution | $400 – $600 | No kids, full agreement, no alimony |
| DIY / self-represented | $400 – $1,500 | Uncontested, simple assets |
| Online service (Hello Divorce) | $1,500 – $5,000 | Guided support, flat-fee filing |
| Mediation | $2,000 – $8,000 | Disputed issues, avoiding trial |
| Contested / trial | $15,000 – $50,000+ | Unresolvable disputes |
Can't afford the filing fee? File an Application for Determination of Civil Indigent Status with the court. If approved, the $400 filing fee is reduced to $25 to begin the process.
DIY divorce in Florida → · Compare Hello Divorce plans →
How to File for Divorce in Florida
Florida offers two paths for couples who agree on all terms: the Simplified Dissolution of Marriage (fastest, for couples without minor children or alimony) and the standard Uncontested Dissolution of Marriage. Both require a final court hearing, mandatory financial affidavits, and a Marital Settlement Agreement.
Official forms: Florida Courts — Dissolution of Marriage Forms · Hello Divorce — Florida forms guide →
Confirm residency and choose your process
At least one spouse must have lived in Florida for 6 months before filing. If you have no minor children, neither spouse is pregnant, no alimony is sought, and you both fully agree on property division, you may qualify for the faster Simplified Dissolution. Otherwise, proceed with the standard uncontested process. Divorce without lawyers in Florida →
File the Petition for Dissolution of Marriage
File the Petition and a Family Law Cover Sheet with your county's Circuit Court and pay the filing fee (~$400). E-filing is recommended and accepted by most Florida counties. You cite "the marriage is irretrievably broken" — no fault required, and no supporting evidence needed. The 20-day waiting period begins upon filing. Everything you need to know →
Serve your spouse
A sheriff's deputy or certified process server must serve the Respondent with the filed Petition and Summons. In uncontested cases, the Respondent can sign a notarized Waiver of Service instead. Papers must be served within 120 days of filing. After service, the Respondent has 20 days to file a response. How to serve divorce papers in Florida →
Complete mandatory financial affidavits
Florida requires both parties to complete and exchange Financial Affidavits within 45 days of service. Use the short form if your gross annual income is under $50,000; use the long form if it's $50,000 or more. These affidavits must be notarized. Incomplete or inaccurate affidavits are the most common reason for case delays. Florida divorce forms →
Complete parenting requirements (if children are involved)
If you have minor children, both parents must complete a 4-hour Parent Education and Family Stabilization course approved by the Florida Department of Children and Families before the divorce can be finalized. You must also submit a Parenting Plan and a Child Support Guidelines Worksheet. Florida child custody guide →
Sign the Marital Settlement Agreement and attend your final hearing
Once all terms are agreed upon, both spouses sign the Marital Settlement Agreement. Submit it with all final forms to the court. At the scheduled final hearing, the judge reviews your agreement and signs the Final Judgment of Dissolution of Marriage. Your divorce is final upon the judge's signature.
Start my Florida divorce → Uncontested divorce in Florida →
Florida Marriage & Divorce Laws
Florida divorce law is governed primarily by Florida Statutes Chapter 61. Florida is a pure no-fault state — the only ground is that the marriage is "irretrievably broken" under § 61.052. Florida uses equitable distribution for property, not community property. Notably, Florida does not recognize legal separation — you are either married or divorced. Alimony was overhauled under SB 1416 (2023), which abolished permanent alimony entirely for all new filings — courts may no longer award it under any circumstances.
Official references: Florida Statutes Chapter 61 — Dissolution of Marriage · Florida Courts — Family Law Self-Help
What's Changed in Florida Divorce Law for 2026
Three major legal changes affect Florida divorces filed in 2026 — covering alimony, time-sharing, and property division. If you've researched Florida divorce law before, much of what you read may now be outdated.
Update 1
Permanent alimony is abolished — here are the only four types now allowed
Florida's SB 1416 reform abolished permanent alimony entirely. For any divorce filed today, no court can award it under any circumstances — including long marriages. The four types courts may still award are: Temporary (during proceedings), Bridge-the-gap (max 2 years, non-modifiable), Rehabilitative (max 5 years, requires a written redevelopment plan), and Durational (the new primary long-term option, capped by statute).
Durational alimony caps — how long can it last?
| Marriage length | Max alimony duration | Example (15-yr marriage) |
|---|---|---|
| Short-term (<10 years) | 50% of marriage length | — |
| Moderate-term (10–20 years) | 60% of marriage length | Up to 9 years |
| Long-term (20+ years) | 75% of marriage length | — |
Amount cap: Regardless of duration, alimony cannot exceed 35% of the difference between the parties' net incomes. Florida alimony guide →
Update 2
50/50 time-sharing is now the starting presumption
Florida courts now begin with a strong statutory presumption that equal time-sharing is in the child's best interest. This is not a mandate — judges can and do deviate — but the default starting point has shifted significantly. A parent seeking a different schedule must present evidence that equal time is not appropriate for their specific child.
Relocation rule: The 50-mile/60-day threshold remains in force. Any move more than 50 miles from the current residence for more than 60 days requires either a written, signed agreement from both parents or a court order. Violating this without an order can result in contempt. Florida time-sharing guide →
Update 3
Property division: new rules for gifts and business valuation (eff. July 1, 2024)
Interspousal gifts of real property: Simply adding a spouse's name to a deed is no longer automatically enough to make it marital property. For real property gifts made after July 1, 2024, the donor must have also signed a written statement witnessed by two people expressing intent to gift. Without that statement, the property may remain separate.
Business goodwill: Florida now explicitly separates "Personal Goodwill" (value tied to a specific person's reputation, skills, or relationships) from "Enterprise Goodwill" (value the business holds independent of any individual). Only Enterprise Goodwill is subject to equitable distribution. This significantly affects valuation of professional practices — law firms, medical practices, consulting businesses. Florida property division guide →
Finances, Property & Support in a Florida Divorce
Florida is an equitable distribution state — unlike California and Texas, Florida is not a community property state. All marital assets and debts are divided equitably (fairly), not necessarily equally. The court considers factors including the length of the marriage, each spouse's economic circumstances, and contributions to the marriage (including homemaking). Separate property brought into the marriage or received as a gift or inheritance is generally not subject to division.
Official reference: Florida Statutes § 61.075 — Equitable Distribution of Marital Assets
Equitable distribution
Florida divides marital property fairly but not necessarily equally under § 61.075. The court weighs factors including the length of the marriage, each spouse's financial situation, and contributions (including non-financial). Two important 2024 reforms apply: (1) Interspousal gifts of real property — simply adding a spouse's name to a deed after July 1, 2024 is no longer sufficient to make it marital property; a written statement signed by two witnesses proving intent to gift is now required. (2) Business valuation — Florida now explicitly excludes "Personal Goodwill" (value tied to an individual's reputation or skill) from the marital estate; only "Enterprise Goodwill" (value independent of the individual) is subject to division.
Florida property division →Alimony 2026 Update
Permanent alimony is abolished in Florida. Under SB 1416, courts cannot award it for any new filing. Florida now recognizes exactly four types:
Durational alimony caps by marriage length:
| Marriage length | Max duration |
|---|---|
| Short-term (<10 years) | 50% of marriage length |
| Moderate-term (10–20 years) | 60% of marriage length |
| Long-term (20+ years) | 75% of marriage length |
Amount cap: Alimony cannot exceed 35% of the difference between the parties' net incomes, regardless of marriage length.
Florida alimony explained →Time-sharing (parenting plan)
Florida does not use the term "custody" — it uses "time-sharing" and "parental responsibility." Every divorce with minor children requires a Parenting Plan approved by the court. In 2026, Florida courts now start with a strong presumption that equal (50/50) time-sharing is in the child's best interest — judges may deviate from this default but must justify it. Relocation rules are strict: any move more than 50 miles away for more than 60 days requires either a written agreement signed by both parents or a court order.
Florida time-sharing & custody →Child support
Florida uses the Income Shares Model under § 61.30. The guideline amount is based on both parents' net incomes, the number of children, overnights, health insurance costs, and childcare. The more overnight time a non-custodial parent has (73+ nights), the lower the support may be.
Child support in Florida →Frequently Asked Questions About Florida Divorce
How long does a divorce take in Florida?
Florida has a 20-day mandatory waiting period from filing before a final judgment can be entered. A Simplified Dissolution for eligible couples can finish in 3–6 weeks. Standard uncontested divorces typically take 1–4 months. Contested divorces where spouses cannot agree may take 12 months or more depending on court schedules and case complexity. Florida divorce process →
How much does it cost to file for divorce in Florida?
Filing fees in major Florida counties now run $408–$409, including the $10.50 final judgment fee. Additional costs include process server fees ($40–$100), certified copies, and mandatory parenting class fees ($18–$39 per person) if you have children. If you cannot afford the filing fee, you may apply for a fee waiver using the Application for Determination of Civil Indigent Status, which reduces the fee to $25. Florida divorce cost guide →
Is Florida a no-fault divorce state?
Yes — and Florida is a no-fault-only state. Under Florida Statutes § 61.052, the only grounds for divorce are that the marriage is "irretrievably broken" or that one spouse has been mentally incapacitated for three years. Unlike Texas or other states, Florida does not allow fault-based grounds such as adultery or cruelty. Florida divorce basics →
What is a Simplified Dissolution of Marriage in Florida?
A Simplified Dissolution is an expedited divorce available to couples who: have no minor or dependent children, have no pregnancy, both agree the marriage is irretrievably broken, have agreed on how to divide all property and debts, neither spouse is seeking alimony, and both are willing to appear at the final hearing. It requires less paperwork and can finalize in 3–6 weeks. Divorce without lawyers in Florida →
Can I get permanent alimony in Florida?
No. Florida abolished permanent alimony entirely under SB 1416. Courts can no longer award it for any new divorce filing — regardless of how long the marriage lasted. This is a complete departure from pre-2023 Florida law, and many older online sources still list permanent alimony as an option. It is not.
The closest equivalent for long marriages is Durational alimony — capped at 75% of the marriage length for marriages of 20+ years, and capped at 35% of the net income difference between the spouses. For a 25-year marriage, that means a maximum of approximately 18 years and 9 months of support. Florida alimony guide →
Is Florida a community property state?
No. Florida is an equitable distribution state under § 61.075. Marital assets and debts are divided fairly based on the circumstances of the marriage — not automatically split 50/50. This differs from California and Texas, which are community property states. Florida property division →
Does Florida recognize legal separation?
No. Florida does not recognize legal separation as a formal legal status. You cannot file for a legal separation in Florida — you are either married or you file for divorce. Couples who need to live separately but are not yet ready to divorce can create separation agreements privately, but these carry no automatic legal status. Legal separation vs. divorce in Florida →
Are parenting classes required in a Florida divorce?
Yes, if you have minor children. Both parents must complete a 4-hour Parent Education and Family Stabilization course approved by the Florida Department of Children and Families before the divorce can be finalized. The course covers the impact of divorce on children and effective co-parenting strategies. Both in-person and online options are accepted by all Florida counties. Florida child custody guide →
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