How to File for Divorce in Florida: Grounds, Property and Alimony
Deciding to end a marriage is hard enough without also having to learn a new legal system. If you are looking into how to file for divorce in Florida, a clear map of the process helps you make long-term decisions with less guesswork.
This post covers the main pieces in plain language: the grounds and residency rule, the types of dissolution, property division, alimony after the 2023 overhaul, and parenting. It is legal information for learning purposes, not legal advice about your marriage.
Is Florida a no-fault divorce state?
Yes. Under § 61.052 there are two grounds for a Florida divorce: the marriage is irretrievably broken, or one spouse is mentally incapacitated. Neither spouse has to prove the other did something wrong.
Florida also has a residency rule in § 61.021. The guide explains the six-month requirement and how it is shown to the court.
Simplified, uncontested and contested divorce in Florida
Florida offers more than one path. A simplified dissolution of marriage is the shortest, and it is open only to couples who meet every one of its conditions. Other cases are uncontested when the spouses agree and contested when they do not.
The guide explains who qualifies for each path and walks through the ten steps of a Florida dissolution, from the petition to the final judgment.
Simplified dissolution of marriage
Uncontested divorce
Contested divorce
Financial affidavits and mandatory disclosure
Mediation
How is property divided in a Florida divorce?
Florida is an equitable distribution state under § 61.075, and the statute says it does not create community property. The law starts from an equal division of marital property and debt, and a court can depart from equal when the facts support it.
The guide explains the difference between marital and non-marital property and why the cutoff date for identifying marital assets matters.
How did Florida alimony change in 2023?
Alimony is the area that changed most. Effective July 1, 2023, Senate Bill 1416 rewrote § 61.08, and Florida no longer awards permanent alimony. The length of the marriage now plays a direct part in durational alimony.
The guide explains the four types of alimony that remain and how courts decide whether to award support, how much and for how long.
Children, support and enforcing the order
When spouses have minor children, the court approves a parenting plan and sets time-sharing under § 61.13. Child support follows the income shares guideline in § 61.30.
The guide also explains how orders are modified when circumstances change, how support is enforced through income deduction orders, and how premarital agreements fit in.
Parenting plans and time-sharing
Child support under § 61.30
Modifying orders
Enforcement
Premarital agreements and name restoration
Frequently asked questions
How long do I have to live in Florida to file for divorce?
Florida has a six-month residency requirement under § 61.021. The guide explains the rule and how residency is proved.
Does Florida still award permanent alimony?
No. The 2023 changes to § 61.08 ended permanent alimony. The guide explains the four types of alimony Florida recognizes now.
Is Florida a community property state?
No. Florida uses equitable distribution under § 61.075, which starts from an equal division of marital property and debt. The guide explains how courts apply it.
Get the full guide
Get Divorce in Florida from STACKED LEGAL to understand each stage of a Florida dissolution before you make long-term decisions. It is available in paperback and eBook. Read Divorce in Florida.
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Legal information, not legal advice. Laws change, and every situation is different. For advice about your situation, talk to a licensed Florida attorney.
