Divorce in Florida: A Complete Guide
Divorce — legally called dissolution of marriage in Florida — addresses the end of a marriage and the legal issues that follow: dividing assets and debts, support obligations, and, when children are involved, parenting arrangements. Pazos Law Group represents clients in divorce matters throughout Miami-Dade County, Florida.
In Florida, divorce — legally referred to as dissolution of marriage — is governed by Chapter 61 of the Florida Statutes. Most Florida divorces are filed on the no-fault ground that the marriage is irretrievably broken, though the state also recognizes mental incapacity as a ground in limited circumstances. Pazos Law Group represents clients across Miami-Dade County and surrounding areas in both contested and uncontested dissolution proceedings.
Florida Residency Requirement
Under Fla. Stat. § 61.021, at least one spouse must have resided in Florida for the six months immediately preceding the filing of the petition. Proof of residency commonly takes the form of a Florida driver’s license, voter registration, or sworn testimony from a corroborating witness. Cases involving recent moves to or from Florida often require careful documentation.
Grounds for Divorce
Florida is a no-fault state. The petitioner is not required to prove wrongdoing — only that the marriage is irretrievably broken. While fault generally is not a basis for divorce itself, conduct such as adultery, dissipation of marital assets, or domestic violence can be relevant to the equitable distribution of property, alimony, and time-sharing analyses.
Equitable Distribution of Property
Fla. Stat. § 61.075 establishes equitable distribution as Florida’s framework for dividing marital property and debts. Courts begin with the presumption of an equal split and then consider statutory factors that may justify an unequal distribution, including each spouse’s contributions to the marriage, the duration of the marriage, the economic circumstances of each spouse, and intentional dissipation of marital assets within the past two years.
Only marital property is subject to division. Marital property generally includes assets acquired during the marriage and the appreciation of non-marital assets attributable to marital labor or marital funds. Non-marital property includes assets owned before the marriage, gifts and inheritances received individually, and property defined as non-marital in a valid prenuptial agreement.
Alimony in Florida
Florida’s alimony statute (Fla. Stat. § 61.08) requires the court to first determine whether one spouse has an actual need for support and whether the other has the ability to pay. Recent legislative reforms eliminated permanent alimony for new cases and replaced it with four categories: bridge-the-gap, rehabilitative, durational, and temporary alimony.
- Bridge-the-gap: Short-term, designed to help a spouse transition from married to single life. Capped at two years and not modifiable.
- Rehabilitative: Supports a specific plan for education, retraining, or skill development.
- Durational: Time-limited support, generally not exceeding the length of the marriage.
- Temporary: Awarded during the pendency of the divorce proceeding.
Issues Involving Children
When children are involved, the divorce will address parental responsibility, time-sharing, and child support. Florida courts apply the best-interests-of-the-child standard under Fla. Stat. § 61.13. Mediation is often required before a contested hearing in Miami-Dade Family Division.
The Divorce Process in Miami-Dade
Divorce in Miami-Dade County is heard in the 11th Judicial Circuit. After filing the petition for dissolution and serving the other spouse, both parties must complete a mandatory financial affidavit and exchange financial documents under Florida Family Law Rule of Procedure 12.285. Uncontested divorces with simple issues may resolve in 60–90 days. Contested cases often proceed through discovery, mediation, and, if necessary, trial — typically taking 6–18 months depending on the complexity of issues.
When to Contact a Miami Divorce Attorney
Even relatively simple divorces benefit from early legal guidance. Cases involving substantial assets, business interests, retirement accounts, real estate in multiple jurisdictions, or contested custody warrant experienced family law representation from the start. Pazos Law Group offers confidential consultations to clients throughout Miami-Dade, Broward, and Palm Beach counties.
Frequently Asked Questions
How long does it take to get divorced in Florida?
Florida law requires at least 20 days from filing before a divorce can be finalized. Uncontested divorces in Miami-Dade typically conclude in 60–90 days; contested divorces involving disputed assets or custody can take 6–18 months.
Do I need a reason to file for divorce in Florida?
No. Florida is a no-fault state. The petitioner only needs to allege that the marriage is irretrievably broken. Fault is not required, although certain conduct may be relevant to property division, alimony, or time-sharing decisions.
Can I file for divorce in Miami if my spouse lives in another state?
Yes, provided that you have lived in Florida for the six months immediately preceding the filing. Florida courts can dissolve the marriage based on your residency, but jurisdiction over property and support issues affecting your out-of-state spouse may require additional analysis.
Is mediation required before a divorce trial in Miami-Dade?
In most contested family law cases, the 11th Judicial Circuit requires mediation before a contested hearing. Mediation often resolves cases without the need for trial.
How is property divided in a Florida divorce?
Florida follows equitable distribution under Fla. Stat. § 61.075. Courts begin with the presumption of an equal division of marital assets and debts and may order an unequal distribution based on statutory factors. Non-marital property is generally not subject to division.
Will I have to pay alimony in a Florida divorce?
Alimony in Florida requires the court to find an actual need by one spouse and an ability to pay by the other. Recent legislative reforms eliminated permanent alimony for new cases and limited the duration of certain alimony types based on the length of the marriage.
Speak with a Miami Family Law Attorney
Pazos Law Group represents clients in divorce matters in Miami-Dade and surrounding counties.
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 and the application of statutes change over time; please consult a licensed Florida attorney about your specific situation.