Florida Divorce FAQ: Your Questions, Answered

A Florida uncontested divorce typically finishes in about 30–90 days; a contested divorce usually takes 6–18 months, depending on the issues and the court’s calendar. Florida law requires a mandatory 20-day waiting period from the date of filing before a judge can finalize anything (Fla. Stat. § 61.19). See our full step-by-step guide to filing for divorce in Florida.

You confirm Florida residency (Fla. Stat. § 61.021), file a Petition for Dissolution of Marriage, serve your spouse, exchange financial disclosure, complete the parenting course if you have minor children, attend mediation, and obtain the Final Judgment. We walk through every step in our how to file for divorce in Florida guide.

Under Fla. Stat. § 61.19, no divorce can be finalized sooner than 20 days after the petition is filed. A judge may waive it only to avoid injustice in a true hardship.

The fastest path is an uncontested divorce where both spouses agree on every issue — or a simplified dissolution if you qualify. Agreeing on property, support, and a parenting plan up front avoids the litigation that stretches contested cases to a year or more. See our uncontested divorce guide.

Usually there is at least a brief final hearing. Many uncontested cases qualify for a short or non-appearance hearing depending on the county. Most contested cases settle at mediation rather than going to a full trial.

Florida allows self-represented (pro se) filings, and a simplified dissolution exists for couples with no minor children, no alimony, and a full property agreement. But once children, support, retirement accounts, a business, or real estate are involved, an attorney helps you avoid mistakes that are very hard to undo after the Final Judgment.

No. Florida is a no-fault state. Under Fla. Stat. § 61.052 you only need to state that the marriage is irretrievably broken — you don’t have to prove adultery, cruelty, or any other fault. Mental incapacity for the prior three years is the only other ground.

An uncontested divorce means both spouses agree on every issue — property division, support, alimony, and the parenting plan. A contested divorce means at least one issue is disputed, which requires negotiation, mediation, and sometimes trial. Uncontested cases are faster and far less expensive.

It’s a faster, streamlined divorce track under Fla. Stat. § 61.052(1)(b) for couples who have no minor children, no pregnancy, no alimony claim, and a complete agreement on dividing all property and debts. Both spouses must appear. When you qualify, it can conclude in as little as 30–45 days.

Yes. Florida does not require both spouses to consent. If your spouse refuses to participate, you can still proceed — the case simply becomes contested, and the court can grant the divorce and decide the disputed issues after proper service and notice.

Florida law is gender-neutral — entitlements are based on finances and the length of the marriage, not gender. Either spouse may be entitled to a fair share of the marital estate under equitable distribution (Fla. Stat. § 61.075), alimony if there is need and ability to pay (Fla. Stat. § 61.08), and, where incomes differ greatly, a contribution toward attorney’s fees. Estimate your split with our Marital Asset Division Calculator.

Florida uses equitable distribution (Fla. Stat. § 61.075): the court classifies what is marital vs. non-marital, values it, and starts from a presumption of an equal 50/50 split of the net marital estate, adjusting only for specific statutory reasons. Read our guide to Fla. Stat. § 61.075. For the two assets that cause the most disputes, see how Florida handles dividing a closely held business and dividing retirement accounts and pensions.

Florida is an equitable distribution state, not a community-property state. Equal is the starting point for marital assets and debts, but it is not automatic — a court can order an unequal split for reasons such as one spouse’s intentional waste of assets or a large disparity in circumstances. Your separate (non-marital) property generally stays yours.

Generally your non-marital property is protected: what you owned before the marriage, and gifts or inheritances you received and kept separate (not commingled with marital funds). Once non-marital money is mixed into joint accounts or used for the family, it can lose that protection — which is one of the most common and costly mistakes.

The marital home is marital property. Common outcomes are: sell it and split the net proceeds; one spouse buys out the other’s share; or, when children are involved, one parent keeps it temporarily for stability. The right answer depends on equity, income, and the parenting plan.

An uncontested divorce often runs about $1,500–$3,500 total. A contested divorce can range from several thousand to $50,000+ per side when there are business valuations, custody disputes, or complex assets. The filing fee alone is roughly $409. See our breakdown: How Much Does a Divorce Cost in Florida? Or estimate your own case now with our Florida Divorce Cost Estimator.

Each spouse usually pays their own fees, but Florida courts can order the higher-earning spouse to contribute to the other’s reasonable attorney’s fees when there is a significant income disparity, so that both sides can afford representation.

There is no fixed formula — the core test is the recipient’s need and the payer’s ability to pay (Fla. Stat. § 61.08). Since the 2023 reform, the amount of durational alimony generally may not exceed 35% of the difference in the spouses’ net incomes, and the length is capped by the marriage length. Estimate yours with our Florida Alimony Calculator.

A court first determines whether one spouse has an actual financial need and the other has the ability to pay. It then weighs factors like the length of the marriage, each spouse’s income and earning capacity, age and health, and the standard of living during the marriage. Alimony is never automatic.

Senate Bill 1416, effective July 1, 2023, eliminated permanent alimony for new cases. The remaining types are bridge-the-gap, rehabilitative, and durational, with durational amounts capped at 35% of the income difference and duration capped at 50/60/75% of the marriage length for short/moderate/long marriages (Fla. Stat. § 61.08).

There is no strict minimum, but marriage length drives the outcome. The 2023 law caps durational alimony at 50% of the length of a short-term marriage (under 10 years), 60% of a moderate-term marriage (10–20 years), and 75% of a long-term marriage (20+ years). Longer marriages generally support longer and larger awards.

No. The 2023 reform abolished permanent alimony for cases going forward. Courts now award bridge-the-gap, rehabilitative, or durational alimony instead.

Yes. Under Fla. Stat. § 61.14, alimony can be modified on a substantial change in circumstances, and the 2023 law allows reduction or termination based on a supportive relationship or the payer reaching normal retirement age. See our divorce modification guide.

Florida no longer uses the word “custody.” Every case with minor children has a parenting plan covering parental responsibility (decision-making) and time-sharing (the schedule), decided on the child’s best interests using the 20 factors in Fla. Stat. § 61.13(3). Read our child custody & time-sharing guide.

Since July 1, 2023, Florida courts start from a rebuttable presumption that equal (50/50) time-sharing is in the child’s best interests (Fla. Stat. § 61.13(2)(c)). It is not automatic — a parent can rebut it by proving, by a preponderance of the evidence, that equal time-sharing is not in the child’s best interests.

Child support uses the income-shares guidelines in Fla. Stat. § 61.30: both parents’ net incomes are combined, the guideline amount is looked up, and it is allocated by income share and the number of overnights each parent has. Estimate yours with our Florida Child Support Calculator.

It is difficult. Florida’s policy favors both parents staying involved, so sole parental responsibility or highly unequal time-sharing is typically reserved for situations involving abuse, abandonment, neglect, substance abuse, or where shared decision-making would harm the child.

A parent who wants to relocate with the child more than 50 miles for 60+ days must follow the relocation procedure in Fla. Stat. § 61.13001 — either a signed written agreement or a petition the other parent has 20 days to oppose. Moving without permission can be ordered reversed.

Yes, on the right showing. Child support and alimony can be modified on a substantial change in circumstances (Fla. Stat. § 61.14); time-sharing requires a substantial, material, and unanticipated change plus the child’s best interests. Property division is final. See our Florida divorce modification guide.

The most damaging mistakes are financial: hiding or moving marital assets (which courts punish), commingling non-marital money so it becomes divisible, agreeing to a settlement without understanding the long-term numbers, and letting emotion drive decisions about the house or the parenting plan. Running the numbers first — and getting advice early — prevents most of them.

Because Florida is no-fault, dating usually won’t change property or alimony outcomes by itself. But it can complicate things: it may affect co-parenting and the children, and spending marital money on a new relationship can become an issue in the financial case. Many attorneys advise waiting until the case is resolved.

Yes — Florida law is gender-neutral, and the 2023 equal time-sharing presumption actually strengthened involved fathers’ position. See our guide for men and fathers in Florida divorce.