Free Florida Divorce Starter Guide

Before you file, get the facts. Our free 2026 Florida Divorce Starter Guide walks you through exactly how divorce works in Florida — in plain English, with the statutes behind every point. Enter your name and email and we’ll send it to you right now.

Before you can file: the residency requirement

Under Fla. Stat. § 61.021, at least one spouse must have resided in Florida for six months before a petition for dissolution of marriage is filed. This is jurisdictional — courts dismiss cases that do not meet it, regardless of how far along they are. Residency is typically proven with a Florida driver’s license, voter registration, or the testimony of a corroborating witness.

The only grounds you need

Florida is a no-fault state. Under § 61.052, the court needs a finding that the marriage is irretrievably broken (the statute also provides for the mental incapacity of a party, subject to its own requirements). You do not need to prove adultery, cruelty, or abandonment — and proving them will not, by itself, get you a larger share of the marital estate.

How Florida divides property

Florida is an equitable distribution state under § 61.075. The court begins with the premise that distribution of marital assets and liabilities should be equal, then may order an unequal split based on the statutory factors — including each spouse’s contribution to the marriage, the economic circumstances of each, the duration of the marriage, contributions to the other’s career or education, and the intentional dissipation of marital assets.

Two distinctions decide most cases: marital versus non-marital property (generally, what was acquired during the marriage versus what was owned before it, inherited, or received as a gift), and whether non-marital property has become marital through commingling or the active efforts of either spouse during the marriage.

Alimony after the 2023 reform

Alimony is governed by § 61.08, which was substantially rewritten by the 2023 reform legislation (SB 1416). The most consequential change: Florida eliminated permanent alimony and replaced it with durational limits tied to the length of the marriage. Courts must make specific written findings on the receiving spouse’s need and the paying spouse’s ability to pay before awarding any alimony at all.

Time-sharing and child support

Since 2023, § 61.13 contains a rebuttable presumption that equal (50/50) time-sharing is in the best interests of the child. A parent seeking a different arrangement carries the burden of overcoming that presumption with evidence tied to the statutory best-interest factors.

Child support is calculated under § 61.30 using Florida’s income-shares guidelines, which combine both parents’ net incomes, the number of children, health insurance and childcare costs, and the number of overnights each parent has. Because overnights feed directly into the calculation, time-sharing and support are decided together, not separately.

Common questions

How long does a Florida divorce take?

An uncontested case with full agreement can conclude in a few weeks to a couple of months. Contested cases involving valuation, custody disputes, or discovery commonly run considerably longer. Florida has no mandatory waiting period for a simplified dissolution once the paperwork and hearing are complete.

Do we have to go to mediation?

In most Florida circuits, yes — contested family cases are referred to mediation before trial. It is also where the large majority of cases actually resolve, which is why preparing properly for it matters more than most people expect.

What is a financial affidavit and do I need one?

It is a sworn statement of your income, expenses, assets, and debts, and it is required in nearly every Florida dissolution case. It drives the alimony and child support analysis, so accuracy matters — it is signed under penalty of perjury.

Can I keep the house?

Sometimes. The marital home is subject to equitable distribution under § 61.075. Keeping it usually means offsetting its equity against other assets, refinancing to remove the other spouse from the mortgage, or a deferred sale — each with different tax and credit consequences.

This guide is general legal information, not legal advice, and does not create an attorney-client relationship with Pazos Law Group. Florida law changes over time; please consult a licensed Florida attorney about your specific situation.