Learn Center · Starting, responding, finishing

Divorce (Dissolution of Marriage)

Florida is a no-fault state: the pleaded ground is almost always that the marriage is irretrievably broken, and one spouse generally must have lived in Florida for the 6 months before filing.

← All topics

Florida divorces come in shapes: simplified dissolution (full agreement, no minor children, both spouses appear), uncontested (agreement documented in a marital settlement agreement), and contested (any major issue in dispute). The shape drives the paperwork, the timeline, and the cost.

The sequence in most cases: petition → service → answer/counterpetition → mandatory financial disclosure → parenting and support work if there are children → mediation → final hearing or trial. Most contested cases still settle at or before mediation.

Fault is not required, but conduct can still matter in places — for example, intentional waste of marital assets can affect equitable distribution.

Frequently asked — Florida answers

How long do I have to live in Florida before filing?

Generally one spouse must reside in Florida for the 6 months before the petition is filed (§ 61.021) — commonly proven with a Florida driver license, ID card, or a corroborating witness. Verify against the current statute.

Who gets to keep the house?

Florida equitable distribution starts from the premise of an equal split of marital assets and liabilities (§ 61.075). Courts commonly weigh which parent has the children most of the time, each side's ability to refinance, and whether the home has nonmarital components. There is no automatic answer.

How fast can a divorce finish?

There is a short statutory waiting period between filing and final judgment, and real timelines depend on agreement level, disclosure, and the county's docket. Full-agreement cases move in weeks-to-months; contested cases in months-to-longer.

From member firms

Contribute an article →

No published member articles on this topic yet — firm members can submit practice articles for review, published with attribution and a link to their site.