Florida Divorce Requirements: Fla. Stat. §§ 61.021, 61.052 & 61.19 (2026)

By Nadia Pazos, Family Law Attorney, Pazos Law Group · Updated August 2026

Fla. Stat. § 61.052 sets the grounds for dissolution of marriage in Florida, § 61.021 sets the six-month residence requirement that lets you file at all, and § 61.19 sets the 20-day delay before a final judgment can be entered. This guide walks the three statutes in the order a real case moves through them, quoting the operative language.

What Does Fla. Stat. § 61.052 Require to Get Divorced in Florida?

Fla. Stat. § 61.052 is titled “Dissolution of marriage.” It sets the grounds, the proof, and the procedure. Subsection (1) is categorical: “No judgment of dissolution of marriage shall be granted unless one of the following facts appears, which shall be pleaded generally.” There are exactly two such facts:

• § 61.052(1)(a) — “The marriage is irretrievably broken.”
• § 61.052(1)(b) — “Mental incapacity of one of the parties,” with the additional conditions described below.

Two other statutes sit on either side of § 61.052 and decide whether a case can start and when it can end: § 61.021 (residence requirements) and § 61.19 (entry of judgment; delay period). This guide covers all three, because in practice they are one sequence: qualify, plead, prove, wait, and receive judgment.

What Is Florida’s 6-Month Residency Rule (§ 61.021)?

Fla. Stat. § 61.021 is titled “Residence requirements” and is a single sentence: “To obtain a dissolution of marriage, one of the parties to the marriage must reside 6 months in the state before the filing of the petition.”

Three details do most of the work in real cases:

• Only one spouse needs the six months. The statute says “one of the parties,” not both.
• The six months must precede the filing. Residency accrued after the petition is filed does not retroactively cure a premature filing.
• § 61.021 says nothing about how long you have lived in a particular county. County choice is a venue question, not a § 61.021 question.

How do you prove Florida residency under § 61.052(2)?

Section 61.052(2) supplies the proof rule. Evidence at the hearing “need not be corroborated except to establish that the residence requirements of s. 61.021 are met,” and that corroboration “may be corroborated by a valid Florida driver license, a Florida voter’s registration card, a valid Florida identification card issued under s. 322.051, or the testimony or affidavit of a third party.”

That is a closed, concrete list written into the statute. In Miami-Dade practice, the two most common proofs are a Florida driver license issued more than six months before filing and a corroborating affidavit from a third party who has known the petitioner in Florida across that period.

Is Florida a No-Fault Divorce State?

Yes. Under § 61.052(1)(a), the fact that must be pleaded is simply that “the marriage is irretrievably broken.” The statute does not require proof of adultery, cruelty, desertion, or any other misconduct, and it does not require the other spouse’s agreement. The ground is pleaded “generally” — meaning the petition states the conclusion, not a catalogue of grievances.

Fault is not a ground, but conduct can still matter elsewhere in chapter 61 — for example in equitable distribution under § 61.075 where assets have been dissipated, or in time-sharing under § 61.13 where there is evidence of domestic violence.

What Is the Second Ground — Mental Incapacity (§ 61.052(1)(b))?

Section 61.052(1)(b) allows dissolution based on “mental incapacity of one of the parties,” but attaches strict conditions taken directly from the statutory text:

• The party alleged to be incapacitated “shall have been adjudged incapacitated according to the provisions of s. 744.331 for a preceding period of at least 3 years.”
• Notice “shall be served upon one of the nearest blood relatives or guardian of the incapacitated person,” who “shall be entitled to appear and to be heard upon the issues.”
• If the incapacitated party has a general guardian other than the petitioner, both the incapacitated party and the guardian must be served, and the guardian “shall defend and protect the interests of the incapacitated party.”
• If there is no such guardian, “the court shall appoint a guardian ad litem.”
• In every incapacity-based dissolution, “the court may require the petitioner to pay alimony pursuant to the provisions of s. 61.08.”

This is a narrow and rarely used path. The three-year adjudication requirement under § 744.331 means it is unavailable to most petitioners even where capacity is genuinely in issue.

What Happens if Your Spouse Denies the Marriage Is Irretrievably Broken?

Section 61.052(2) splits into two tracks:

§ 61.052(2)(a) — no minor child and no denial

Where “there is no minor child of the marriage and if the responding party does not, by answer to the petition for dissolution, deny that the marriage is irretrievably broken, the court shall enter a judgment of dissolution of the marriage if the court finds that the marriage is irretrievably broken.” The verb is shall — the court has no discretion once it makes the finding.

§ 61.052(2)(b) — minor child, or a denial

Where there is a minor child of the marriage, or the responding party denies that the marriage is irretrievably broken, the court may take one of three actions listed in § 61.052(2)(b)1.–3.:

1. § 61.052(2)(b)1. — “Order either or both parties to consult with a marriage counselor, psychologist, psychiatrist, minister, priest, rabbi, or any other person deemed qualified by the court and acceptable to the party or parties ordered to seek consultation”;
2. § 61.052(2)(b)2. — “Continue the proceedings for a reasonable length of time not to exceed 3 months, to enable the parties themselves to effect a reconciliation”; or
3. § 61.052(2)(b)3. — “Take such other action as may be in the best interest of the parties and the minor child of the marriage.”

The statute then closes the loop: “If, at any time, the court finds that the marriage is irretrievably broken, the court shall enter a judgment of dissolution of the marriage.” A denial therefore delays; it does not veto.

What Can the Court Order While the Case Is Pending (§ 61.052(3))?

During any period of continuance under § 61.052(2)(b)2., the court “may make appropriate orders for the support and alimony of the parties; the parenting plan, support, maintenance, and education of the minor child of the marriage; attorney’s fees; and the preservation of the property of the parties.”

Each of those temporary powers has its own operating statute: alimony under § 61.08, the parenting plan under § 61.13, child support under § 61.30, and attorney’s fees under § 61.16.

How Soon Can a Florida Divorce Be Final? The 20-Day Rule (§ 61.19)

Fla. Stat. § 61.19 is titled “Entry of judgment of dissolution of marriage, delay period” and, like § 61.021, is a single sentence: “No final judgment of dissolution of marriage may be entered until at least 20 days have elapsed from the date of filing the original petition for dissolution of marriage; but the court, on a showing that injustice would result from this delay, may enter a final judgment of dissolution of marriage at an earlier date.”

• The clock starts at filing of the original petition — not at service, not at the mediation, not at the final hearing.
• Twenty days is a floor, not a schedule. Nothing in § 61.19 obliges a court to rule on day 21. Contested cases routinely take far longer because of discovery, mediation, and hearing availability.
• The only statutory shortcut is injustice. A court may enter judgment earlier only “on a showing that injustice would result from this delay.”

What Does the Final Judgment Actually Do (§ 61.052(4))?

Section 61.052(4) states the legal effect in two sentences: “A judgment of dissolution of marriage shall result in each spouse having the status of being single and unmarried. No judgment of dissolution of marriage renders the child of the marriage a child born out of wedlock.”

Two further provisions round out the statute:

• § 61.052(5) — “The court may enforce an antenuptial agreement to arbitrate a dispute in accordance with the law and tradition chosen by the parties.” Antenuptial agreements themselves are governed by § 61.079.
• § 61.052(6) — a domestic-violence injunction arising out of the dissolution “shall be issued as a separate order in compliance with chapter 741 and shall not be included in the judgment of dissolution of marriage.”

What Must Be Filed With the Petition (§ 61.052(7)–(8))?

Section 61.052(7) requires that, “in the initial pleading for a dissolution of marriage as a separate attachment to the pleading, each party is required to provide his or her social security number and the full names and social security numbers of each of the minor children of the marriage.”

Section 61.052(8) ties that requirement to the federal Personal Responsibility and Work Opportunity Reconciliation Act of 1996 and adds date of birth for each minor child, while limiting disclosure of the numbers “to the purpose of administration of the Title IV-D program for child support enforcement.”

What Does It Cost to File for Divorce in Miami-Dade?

The dissolution-of-marriage filing fee in Miami-Dade County is $409.00. Neither § 61.052 nor § 61.021 sets or mentions a filing fee — filing fees come from the clerk’s statutory fee schedule, and other counties and case types can differ. Service of process, certified copies, mediation, and any parenting course are separate costs. Verify the current amount with the clerk before filing.

What Is the Statutory Sequence, Start to Finish?

1. Qualify — one spouse has resided in Florida 6 months before filing (§ 61.021).
2. Plead — allege generally that the marriage is irretrievably broken (§ 61.052(1)(a)), attaching the identifiers required by § 61.052(7).
3. Prove residency — with one of the four corroboration methods in § 61.052(2).
4. Absorb any delay — counseling or a continuance of up to 3 months under § 61.052(2)(b), plus the 20-day floor in § 61.19.
5. Resolve the substance — property under § 61.075 and § 61.076, alimony under § 61.08, children under § 61.13 and § 61.30, fees under § 61.16.
6. Judgment — each spouse becomes “single and unmarried” (§ 61.052(4)).

Frequently Asked Questions

Official Sources & Related Reading

• Fla. Stat. § 61.052, Dissolution of marriage — official text (Online Sunshine)
• Fla. Stat. § 61.021, Residence requirements — official text
• Fla. Stat. § 61.19, Entry of judgment; delay period — official text
• Florida Family Law Forms — flcourts.gov
• Fla. Stat. § 61.16 — Attorney’s Fees, Suit Money and Costs
• Fla. Stat. § 61.075 — Equitable Distribution
• Fla. Stat. § 61.076 — Distribution of Retirement Plans
• How to File for Divorce in Florida — step-by-step guide
• Fla. Stat. § 61.14 — Modifying Support After the Divorce
• Fla. Stat. § 741.30 — Domestic Violence Injunctions
• Fla. Stat. § 61.1301 — Income Deduction Orders

The information on this page is for general informational purposes only and does not constitute legal advice. Reading or sharing this content does not create an attorney-client relationship with Pazos Law Group. Florida law and the application of statutes change over time; please consult a licensed Florida attorney about your specific situation.