How to File for Divorce in Florida: A Step-by-Step Guide
Filing for divorce in Florida follows a defined legal path — from meeting the residency requirement to receiving the Final Judgment. This guide walks through each step in order, with the statute behind it, so you know what to expect whether your divorce is uncontested or contested.
Quick Answer
To file for divorce in Florida: meet the 6-month residency requirement (§ 61.021), file a Petition for Dissolution of Marriage stating the marriage is irretrievably broken (§ 61.052), serve your spouse (who has 20 days to respond), exchange financial disclosure (Rule 12.285), complete the parenting course if you have children (§ 61.21), attend mediation, and receive the Final Judgment — no sooner than 20 days after filing (§ 61.19).
Plan the financial side first
Before you file, know your likely numbers on support and property.
Child Support Calculator → Asset Division Calculator →Step 1 — Confirm Florida Residency
Before anything else, at least one spouse must have resided in Florida for six months immediately before filing, under Fla. Stat. § 61.021. This is jurisdictional — without it, the court cannot grant the divorce. Residency is commonly proven with a Florida driver’s license or ID issued at least six months earlier, voter registration, or the testimony of a corroborating witness.
Step 2 — File the Petition for Dissolution of Marriage
Florida calls divorce “dissolution of marriage.” You begin by filing a Petition for Dissolution of Marriage in the circuit court for the county where you live. Florida is a no-fault state: under Fla. Stat. § 61.052, you only need to allege that the marriage is irretrievably broken — you do not have to prove adultery, cruelty, or any other fault. The spouse who files is the petitioner; the other is the respondent.
If you and your spouse have no minor children, no alimony claim, and agree on dividing all property, you may qualify for the faster simplified dissolution track under Fla. Stat. § 61.052(1)(b).
Step 3 — Serve Your Spouse
The respondent must be formally served with the petition and summons, usually by the sheriff or a certified process server. Once served, the respondent has 20 days to file an answer (and any counter-petition). If the spouses agree, the respondent can instead sign and file an Answer and Waiver to keep the case uncontested. If a spouse cannot be located, the court allows service by publication in limited circumstances, though that restricts the relief the court can grant.
Step 4 — Exchange Mandatory Financial Disclosure
Florida requires both spouses to exchange financial information under Florida Family Law Rule 12.285. Each party files a Family Law Financial Affidavit and produces documents such as tax returns, pay stubs, bank and retirement statements, and deeds. This step is mandatory in contested cases and cannot be skipped — hiding assets can lead to sanctions and a reopened judgment.
Step 5 — Complete the Parenting Course (If You Have Minor Children)
If the marriage involves minor children, both parents must complete a court-approved Parent Education and Family Stabilization Course under Fla. Stat. § 61.21 before the Final Judgment. You will also need to agree on (or litigate) a Parenting Plan addressing time-sharing and parental responsibility under Fla. Stat. § 61.13, which since 2023 starts from a presumption of equal time-sharing.
Step 6 — Attend Mediation
Most Florida circuits — including the 11th (Miami-Dade), 17th (Broward), and 15th (Palm Beach) — require mediation before a contested final hearing can be set. Mediation is confidential and resolves the large majority of cases without a trial, usually at a fraction of the cost.
Step 7 — Receive the Final Judgment
If the parties reach a Marital Settlement Agreement, the judge can approve it and enter the Final Judgment of Dissolution of Marriage. If they cannot agree, the case proceeds to trial, where the judge decides the contested issues. Either way, Florida imposes a 20-day minimum waiting period from the date of filing before a final judgment may be entered, under Fla. Stat. § 61.19 (a judge may waive it only for hardship).
How Long Does It Take?
- Simplified / uncontested: often 30–90 days.
- Contested: typically 6–18 months, depending on the issues, discovery, and court calendar.
Frequently Asked Questions
What are the residency requirements to file in Florida?
At least one spouse must have lived in Florida for six months before filing, under § 61.021, proven by a Florida license, voter registration, or a corroborating witness.
What grounds do I need?
Florida is no-fault. Under § 61.052 you only state the marriage is irretrievably broken; mental incapacity for three years is the only other ground.
How long does a Florida divorce take?
A 20-day minimum applies under § 61.19. Uncontested cases often finish in 60–90 days; contested cases can take many months to over a year.
Do I have to go to court?
Usually there is at least a brief final hearing; some circuits allow short or non-appearance hearings for uncontested cases. Most contested cases settle at mediation.
What forms do I need?
The Petition for Dissolution (Form 12.901 series), a Financial Affidavit (Form 12.902(b)/(c)), and, with children, a Parenting Plan (Form 12.995). Requirements vary by county.
Can I file without a lawyer?
Yes, including simplified dissolution under § 61.052(1)(b). But once children, support, retirement, a business, or real estate are involved, an attorney helps avoid mistakes that are hard to undo after the Final Judgment.
Ready to File? Talk to a Florida Divorce Attorney First
Pazos Law Group guides Miami-Dade and South Florida clients through every step of dissolution — uncontested or contested — and makes sure nothing that matters is missed before the Final Judgment.
Schedule a Confidential ConsultationThe 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, court forms, and local procedures change over time; please consult a licensed Florida attorney about your specific situation.