Divorce in Florida: The Complete 2026 Guide

Florida Divorce: Fast Facts

How to File for Divorce in Florida

Florida is a no-fault divorce state — you cite that the marriage is "irretrievably broken" and do not need to prove any wrongdoing by your spouse. One spouse asserting the marriage cannot be repaired is legally sufficient; your spouse's agreement is not required. Florida offers two cooperative paths for couples who agree on all terms: Simplified Dissolution (fastest, limited eligibility) and standard Uncontested Dissolution. Both require a final court appearance, mandatory financial affidavits, and a signed Marital Settlement Agreement.

1. Confirm Residency and Choose Your Path

   At least one spouse must have lived continuously in Florida for 6 months before filing. A Florida driver's license, voter registration, or utility bills can establish this. If you qualify and have no minor children, no pregnancy, no alimony claims, and full agreement on property division, you may be eligible for the faster Simplified Dissolution process. Otherwise, use the standard Petition for Dissolution of Marriage. Both paths lead to the same final judgment.

2. Complete and File the Petition for Dissolution of Marriage

   File Florida Family Law Form 12.901(b)(1) — the Petition for Dissolution of Marriage — with your county's Circuit Court along with a Family Law Cover Sheet (Form 12.928). Pay the filing fee, approximately $408 at most Florida courts. E-filing is accepted and recommended in most counties. You simply state the marriage is "irretrievably broken"; no supporting evidence is needed. The 20-day mandatory waiting period begins on the date of filing. All official Florida forms are free at flcourts.gov.

3. Serve Your Spouse (or Obtain a Waiver of Service)

   After filing, the Respondent must be personally served with the Petition and Summons by a sheriff's deputy or a Florida Supreme Court-certified process server within 120 days. Personal service by mail is not permitted for the initial petition under Florida law. In cooperative uncontested cases, the Respondent can instead sign a notarized Waiver of Service (Form 12.900(a)), eliminating the need for a process server. After service — or the waiver — the Respondent has 20 days to file a response. How to serve divorce papers in Florida →

4. Exchange Mandatory Financial Affidavits

   Florida requires both parties to complete and exchange notarized Financial Affidavits within 45 days of service. Use the Short Form (Form 12.902(b)) if your gross annual income is under $50,000; use the Long Form (Form 12.902(c)) if your income is $50,000 or more. These must be exchanged between the parties and are also filed with the court. Incomplete or inaccurate affidavits are the most common cause of case delays and rejected judgments in Florida. Florida divorce forms guide →

5. Complete the Parenting Course (If You Have Minor Children)

   If your divorce involves minor children, Florida law requires both parents to 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. Online courses are accepted by all Florida counties and can typically be completed in a single sitting at a cost of $18–$39 per person. You must also file a Parenting Plan (Form 12.995) and a Child Support Guidelines Worksheet. Florida time-sharing guide →

6. Negotiate and Sign the Marital Settlement Agreement

   Your Marital Settlement Agreement (MSA) is the written contract covering all post-divorce terms: property and debt division, alimony (if any), time-sharing and parental responsibility, and child support. Both spouses sign. If contested issues remain, Florida courts in most judicial circuits require mediation before the case can proceed to trial. Settlement agreement checklist →

7. Attend the Final Hearing and Receive Your Judgment

   After the 20-day waiting period, a final hearing is scheduled. In a standard uncontested divorce, at least the Petitioner must appear before the judge; the judge reviews the MSA and signs the Final Judgment of Dissolution of Marriage. For Simplified Dissolution cases, both spouses must appear together at the clerk's office. Florida does not permit purely paper-only uncontested divorces — at least one party must appear at the final hearing. Your divorce is legally final the moment the judge signs the Final Judgment.

Florida's 20-day waiting period — the shortest in the nation: Florida law prohibits any final judgment of dissolution from being entered until at least 20 days have elapsed from the date the Petition is filed. This period cannot be waived for any reason. In practice, uncontested cases often take longer due to court scheduling. The actual time to finalize a Simplified Dissolution is typically 3–6 weeks; a standard uncontested divorce takes 1–4 months in most counties. See the official Florida Courts self-help forms page.

Florida Divorce Laws: Grounds, Residency, and Key Rules

Florida has been a no-fault divorce state since 1971. The only available grounds are that the marriage is "irretrievably broken" or that a spouse has been adjudicated mentally incapacitated for at least 3 years. Fault-based grounds — such as adultery or abandonment — do not exist in Florida and cannot be cited as the basis for divorce. Florida does not recognize legal separation as a formal legal status. The primary governing statute is Florida Statutes Chapter 61 — Dissolution of Marriage.

Florida Does Not Recognize Legal Separation — Here's What That Means

Unlike many other states, Florida has no formal legal separation status. If you and your spouse want to live apart and formalize arrangements for property, support, and parenting before or without divorcing, your options are limited to private agreements — but these are not court orders unless you file for divorce or, in limited circumstances, a separate support action under Florida law.

What Florida couples can do instead:

• Draft a private separation agreement (not a court order)
• Petition for support unconnected with dissolution under Florida law
• File for divorce — Florida's 20-day waiting period is the shortest in the nation

What you cannot do in Florida:

• File for a court-recognized legal separation
• Preserve health insurance coverage via a separation order
• Convert a separation filing to a divorce (no such mechanism exists)

For more information, see Why Florida Has No Legal Separation.

For the complete Florida family law statutes, see Florida Statutes Chapter 61 — Dissolution of Marriage. For court self-help resources and official forms, visit flcourts.gov.

Property Division in Florida: Equitable Distribution

Florida divides marital property under the equitable distribution standard: all marital assets and debts are divided fairly based on the circumstances of the marriage — not automatically 50/50. Florida is not a community property state. Courts weigh multiple factors — including each spouse's economic circumstances, contributions to the marriage, and the length of the marriage — before determining division. Fault and marital misconduct do not affect property division in Florida. Spouses who reach their own agreement can divide property in any proportion they choose in a written Marital Settlement Agreement.

Key equitable distribution factors Florida courts weigh:

• The contribution of each spouse to the marriage, including services as homemaker or caretaker of children
• The economic circumstances of each party after the assets and liabilities are distributed
• The duration of the marriage — longer marriages are more likely to produce a 50/50 outcome
• Any interruption of either party's career or educational opportunities during the marriage
• Any intentional dissipation, waste, or destruction of marital assets after filing or within 2 years before filing

2024 Reform — Interspousal real property gifts now require a written statement: Effective July 1, 2024, simply adding a spouse's name to a deed is no longer automatically sufficient to classify real property as marital. For gifts of real property made after that date, the donor must have also signed a written statement witnessed by two people expressing an intent to gift. Without that statement, the property may be treated as non-marital. This significantly affects couples who informally added each other to property deeds without formal documentation. Florida law also now explicitly separates Enterprise Goodwill from Personal Goodwill for business valuation — only Enterprise Goodwill enters the marital estate for distribution.

Spouses can resolve all property matters through a written MSA at any time. Use our settlement agreement checklist and property division spreadsheet to inventory your marital estate. For business interests, professional practices, or high-asset situations, a Certified Divorce Financial Analyst can help you model division scenarios and tax implications before negotiating.

Alimony in Florida: The 2023 Reform and What It Means in 2026

Spousal support in Florida was fundamentally overhauled by Senate Bill 1416, which took effect July 1, 2023. The most significant change: permanent alimony was abolished entirely for all new divorce filings. Courts may no longer award it under any circumstances — including long marriages. Florida now recognizes exactly four types of alimony, each with defined limits. The amount of durational alimony is capped at the lesser of the recipient's actual need or 35% of the difference between the parties' net incomes. These reforms apply to all petitions filed on or after July 1, 2023.

Florida law now allows courts to award only the following four types of alimony. Many websites still list permanent alimony as an option in Florida — it is not available for any divorce filed on or after July 1, 2023.

Durational alimony duration caps under Florida law:

Factors Florida courts weigh when determining alimony:

• Each party's earning capacity and the standard of living established during the marriage
• Duration of the marriage and each party's age and physical and emotional condition
• The contribution of each party to the marriage, including homemaking, child care, and career-building for the other party
• All sources of income available to each party, including investment returns and income from marital and non-marital assets
• Adultery of either spouse and any resulting economic impact — but only if marital funds were spent on the affair; adultery alone does not affect property division

The 35% income cap — how it works: Florida law caps durational alimony at the lesser of (a) the recipient's actual demonstrated need or (b) 35% of the difference between the parties' net monthly incomes. For example, if Spouse A earns $8,000/month net and Spouse B earns $3,000/month net, the income difference is $5,000 — and the maximum alimony award would be $1,750/month (35% × $5,000). If Spouse B's actual need is only $1,200/month, that lower figure controls. This dual cap applies only to durational alimony, not to bridge-the-gap or rehabilitative alimony.

Retirement now triggers a presumption of termination: Under the 2023 reform, a paying spouse who reaches normal retirement age — as defined by the Social Security Administration or the customary retirement age for their profession — may seek modification or termination of alimony, and there is a presumptive reduction in the obligation. This gives payors a clearer path to request changes than existed before 2023. Alimony also terminates automatically upon the death of either party or the remarriage of the recipient.

For a general estimate of support amounts, see our alimony calculator guide. For cases with significant income disparity or complex support claims, a Certified Divorce Financial Analyst can model post-divorce income scenarios before you finalize your MSA.

Time-Sharing and Child Support in Florida

Florida does not use the word "custody" — the governing concepts are time-sharing (where the child lives day-to-day) and parental responsibility (who makes decisions about the child's education, health, and welfare). As of July 1, 2023, Florida law now includes a rebuttable presumption that equal (50/50) time-sharing is in the best interest of the minor child. Child support is calculated using Florida's Income Shares Model, based on both parents' net incomes, the number of children, the time-sharing schedule, and costs for health insurance and child care.

Key factors Florida courts weigh when determining time-sharing:

• The health, safety, and welfare of the child — the court's primary concern under all circumstances
• Each parent's demonstrated capacity and disposition to facilitate a close and continuing parent-child relationship with the other parent
• Any history of domestic violence, child abuse, or neglect by either parent — documented abuse creates a rebuttable presumption against that parent for shared parental responsibility
• The geographic viability of the parenting plan — if parents live more than 50 miles apart, daily exchanges may be impractical
• Each parent's moral fitness and mental health, as well as the developmental stages and needs of the child — courts evaluate all 20 statutory best-interest factors before deviating from equal time-sharing

Florida's 50-mile relocation rule: Any parent who wants to relocate more than 50 miles from their current principal residence for more than 60 days must either obtain a written, signed agreement from the other parent or seek a court order before moving. Moving without consent or a court order can result in contempt findings and may negatively affect your time-sharing rights. This threshold applies regardless of whether the relocation is within Florida or out of state. If parents who previously lived more than 50 miles apart subsequently move within 50 miles of each other, that move itself may qualify as a substantial and material change in circumstances sufficient to modify the existing parenting plan.

Florida child support uses the Income Shares Model — and the formula is strict: Guideline child support is based on both parents' net monthly incomes, the number of minor children, the overnight time-sharing percentage, health insurance premiums, and work-related child care costs. Courts are required to follow the guideline amount unless they make specific written findings justifying a deviation. Any deviation of more than 5% above or below the guideline requires written findings — a rule tightened in 2025. Parents who agree to a different amount must demonstrate it serves the child's best interests.

For a full guide to time-sharing arrangements and parenting plans, visit Florida Time-Sharing and Child Custody. For parenting plan disputes, Hello Divorce mediation services can help you reach an agreement without court intervention.

How Much Does a Divorce Cost in Florida?

A Florida divorce can cost as little as $408 in court fees for a straightforward Simplified Dissolution — or $15,000–$50,000+ per spouse in a fully contested case involving attorneys and trial. The single biggest cost driver is disagreement: every issue resolved by a judge rather than negotiated between spouses adds attorney hours, court hearings, and delay. Florida's 20-day waiting period means even the fastest Florida divorce takes at least several weeks from filing to final judgment.

Additional Florida-specific costs to budget for:

• Process server fees — typically $40–$100 for standard service; avoidable if the Respondent signs a notarized Waiver of Service
• Parent Education and Family Stabilization Course — $18–$39 per person if minor children are involved; online courses accepted statewide; required by Florida law before finalization
• Mandatory mediation — most Florida judicial circuits require mediation before a contested case may go to trial; typically $200–$350 per party per session for court-connected mediators; private mediators may charge significantly more
• QDRO drafting — $500–$1,500 per retirement account; required to divide 401(k), pension, or IRA assets; Florida public employee pension plans (FRS) require a separate Domestic Relations Order reviewed by the plan administrator; see our QDRO guide
• Certified copies of the Final Judgment — a per-page fee plus a certification fee at most Florida Circuit Courts; obtain 3–5 certified copies for name change, beneficiary updates, mortgage refinancing, and records

For a full cost breakdown, see our page: Cost of Divorce in Florida. If cost is a concern, read our guide on how to get divorced with little or no money. Qualifying filers can reduce the court fee to $25 using the Application for Determination of Civil Indigent Status.

Uncontested vs. Contested Divorce — and Florida's Three Filing Paths

Florida offers three distinct paths depending on how much you and your spouse agree. Simplified Dissolution is the fastest but has strict eligibility limits. Standard Uncontested Dissolution is available to any couple who agrees on all terms. Standard Contested Dissolution is the default when spouses cannot agree — and almost all contested Florida cases must go through mandatory mediation before trial.

Simplified Dissolution — confirm eligibility before filing: Florida's Simplified Dissolution is only available when both spouses qualify on all criteria: no minor or dependent children, no pregnancy, no alimony sought by either party, and full written agreement on all property and debts. If even one of these conditions is not met, you must use the standard uncontested process instead. Filing under the wrong path wastes court fees and causes delays. Confirm current eligibility criteria at flcourts.gov or consult a Hello Divorce attorney.

Not sure which path applies? Read our full comparison: Contested vs. Uncontested Divorce — What's the Difference? and our dedicated guide to uncontested divorce in Florida.

If you and your spouse are close to agreement but stuck on specific issues, Hello Divorce mediation services can help bridge the gap at a fraction of litigation costs. Mediation is especially effective for property division, alimony, and parenting plan disputes — and in most Florida circuits, it is required before a contested case can proceed to trial anyway.

Florida Divorce Forms and Paperwork

Florida uses standardized statewide family law forms issued by the Florida Supreme Court — available free at flcourts.gov. Some counties require a local cover sheet at filing, but the core forms are consistent statewide. Florida form numbers follow the 12.9xx series. Below are the primary forms for both the Simplified Dissolution path and the standard Uncontested or Contested Dissolution path.

All official Florida family law forms are free at the Florida Courts forms library and your county's Circuit Court self-help center. Hello Divorce guides you through completing every required form accurately — see our Florida divorce forms guide or view all plans.

Changing Your Name After Divorce in Florida

In Florida, you can request a name restoration in your Petition for Dissolution of Marriage at the time of filing — at no additional court cost. The judge will include the name change order in your Final Judgment of Dissolution. This allows you to restore a former surname or any name you legally held before the marriage. Once you have your certified Final Judgment, follow this sequence to update all records.

1. Social Security Administration — Update your SSA record first using your certified Final Judgment and a government-issued photo ID. Visit your local SSA office, submit Form SS-5 by mail, or complete the process online at ssa.gov. Your updated SSA card is required before the Florida DHSMV will update your driver's license.
2. Florida DHSMV (Driver's License) — Visit a Florida Driver License Service Center with your updated SSA card, certified Final Judgment, and proof of Florida residency. If you need a REAL ID-compliant license, bring the additional documentation listed on flhsmv.gov. You can renew online thereafter once the name is updated in the DHSMV system.
3. U.S. Passport — Submit the appropriate DS form with your certified Final Judgment. Use DS-5504 if your passport was issued less than 1 year ago (no fee); DS-82 if issued more than 1 year ago (fee required); or DS-11 for a first-time application or if your passport was issued more than 15 years ago.
4. Financial accounts, employer HR, and insurance — Contact each institution individually with a certified copy of your Final Judgment. Order at least 3–5 certified copies from the Circuit Court clerk when you receive your judgment. Keep certified copies for beneficiary updates, mortgage refinancing, and any future legal needs.

For a complete post-divorce name change checklist, see our guide: How to Change Your Name After Divorce. For Florida-specific questions, visit our knowledge base.

How Long Does a Divorce Take in Florida?

Florida's 20-day mandatory waiting period is the shortest among major states. How far beyond that minimum your case extends depends almost entirely on whether you and your spouse agree. Simplified Dissolution cases for eligible couples can finalize in 3–6 weeks. Standard uncontested divorces typically take 1–4 months, depending on county court scheduling. Contested divorces involving disputed property, alimony, or parenting plans regularly take 12–36 months or longer.

For a full explanation of each stage and county-by-county timeline variation, see our guide: The Florida Divorce Process — Step by Step. If you're concerned about how long your specific situation may take, schedule a free 15-minute call with a Hello Divorce advisor.

Local Florida County Court Resources

Florida divorce cases are filed in the Circuit Court of the county where either spouse resides. Below are direct links to the official Family Court or divorce filing pages for Florida's five most populous counties.

• Miami-Dade County Family Court (Civil/Family Division)
• Broward County Family Court (Clerk of Courts — Family Division)
• Palm Beach County Unified Family Court — Divorce
• Hillsborough County Family Law (Clerk of Court)
• Orange County Clerk of Courts (Family/Divorce)

Frequently Asked Questions: Divorce in Florida

How long does a divorce take in Florida?

Florida has a mandatory 20-day waiting period from the date the Petition is filed before a Final Judgment can be entered — this period is set by Florida law and cannot be waived under any circumstances. A Simplified Dissolution for eligible couples (no children, no alimony, full agreement) can finalize 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 scheduling and the complexity of disputed issues. See: Florida Divorce Process →

How much does it cost to file for divorce in Florida?

Most Florida Circuit Courts charge approximately $408 to file a Petition for Dissolution of Marriage. Some counties add local surcharges, so confirm the exact amount with your county clerk before filing. Additional costs may include a process server ($40–$100), mandatory parenting course fees ($18–$39 per person if you have minor children), and certified copies of the Final Judgment. If you cannot afford the filing fee, you may apply for a fee waiver — qualifying filers pay only $25 to begin. See: Florida Divorce Cost Guide →

Is Florida a no-fault divorce state?

Yes — and Florida is a no-fault-only state. The only grounds for divorce are that the marriage is "irretrievably broken" or that a spouse has been adjudicated mentally incapacitated for at least three years. Florida has no fault-based grounds such as adultery or abandonment. Adultery can affect the amount of alimony awarded only if marital funds were spent on the affair — but it does not affect property division or whether a divorce is granted. Your spouse's consent is not required; one spouse stating the marriage cannot be repaired is legally sufficient. See: Florida Divorce Basics →

Can I get permanent alimony in Florida?

No. Florida abolished permanent alimony entirely in 2023. Courts cannot award it for any divorce petition filed on or after July 1, 2023 — regardless of marriage length. Many older websites and articles still list permanent alimony as an option in Florida; it is not available. The closest equivalent for long marriages is durational alimony, capped at 75% of the marriage length for marriages of 20 years or more, and limited to no more than 35% of the difference between the parties' net incomes. For a 30-year marriage, the maximum durational period would be approximately 22.5 years. See: Florida Alimony Guide →

Is Florida a 50/50 divorce state?

No. Florida is an equitable distribution state — not a community property state. Marital assets and debts are divided fairly based on the circumstances of the marriage, which often but not automatically means 50/50. Courts weigh factors such as each spouse's economic circumstances after division, contributions to the marriage (including homemaking), the duration of the marriage, and any intentional dissipation of marital assets. Fault does not affect property division in Florida. Spouses who negotiate their own MSA can divide property in any proportion they agree to. See: Florida Property Division →

What is a Simplified Dissolution of Marriage in Florida?

Florida's Simplified Dissolution is an expedited divorce process available only to couples who meet all of the following conditions: no minor or dependent children; no current pregnancy; both spouses agree the marriage is irretrievably broken; both fully agree on all property and debt division; and neither spouse is seeking alimony. It can finalize in 3–6 weeks. Both spouses must appear together at the clerk's office for the final hearing — unlike a standard uncontested divorce where typically only the Petitioner appears. If any one condition is not met, you must use the standard uncontested process instead. See: Divorce Without Lawyers in Florida →

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 formalize financial or parenting arrangements without divorcing can create private separation agreements, but these are not court orders unless incorporated into a divorce or a separate support action under Florida law. Because Florida's mandatory waiting period is only 20 days, filing for divorce is often the faster and more legally secure path. See: Legal Separation vs. Divorce in Florida →

Are parenting classes required in a Florida divorce?

Yes — if your divorce involves minor children. Florida law requires both parents to 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. Both in-person and online formats are accepted by all Florida counties. Online courses are available for $18–$39 per person. The court cannot enter a final judgment until both parents file proof of completion. See: Florida Child Custody Guide →

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