Divorce in Florida: A Complete Guide
A Florida divorce is a dissolution of marriage under chapter 61. Filing requires 6 months of residency (Fla. Stat. § 61.021) and a no-fault ground — that “[t]he marriage is irretrievably broken” (§ 61.052(1)(a)). This guide walks each contested issue to the statute that decides it: property under § 61.075, alimony under § 61.08, and children under § 61.13.
Quick Answer
How does divorce work in Florida?
Florida is a no-fault state. One spouse must have resided in Florida 6 months before filing (Fla. Stat. § 61.021) and need only plead that the marriage is irretrievably broken (§ 61.052(1)(a)). No final judgment may be entered “until at least 20 days have elapsed from the date of filing the original petition” (§ 61.19). Marital property is then divided starting from the premise in § 61.075(1) “that the distribution should be equal.”
What are the residency and grounds requirements to file? (§ 61.021, § 61.052)
These requirements presuppose a marriage. Because Fla. Stat. § 741.211 voids any Florida common law marriage entered into after 1 January 1968, a couple who only lived together has nothing to dissolve under chapter 61 — see is common law marriage valid in Florida?
Two thresholds, both short. § 61.021 reads in full: “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.” Only one spouse needs the residency, and it is measured before filing, not before the hearing.
Grounds are governed by § 61.052(1), which permits a judgment only where one of two facts “appears, which shall be pleaded generally”: § 61.052(1)(a), that “[t]he marriage is irretrievably broken”; or § 61.052(1)(b), mental incapacity, which requires that the party “have been adjudged incapacitated according to the provisions of s. 744.331 for a preceding period of at least 3 years.” In practice essentially every Florida divorce proceeds on the first. No proof of fault is required, and none is available as a ground.
How long does a Florida divorce take? (§ 61.19)
The statutory floor is 20 days. § 61.19 provides that no final judgment “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… at an earlier date.” That floor is the only deadline chapter 61 sets. A genuinely uncontested case with a signed settlement can close near it; a contested case runs on the court’s calendar, mandatory financial disclosure, and any referral to mediation.
How much does it cost to file for divorce in Miami-Dade County?
The Miami-Dade Clerk’s filing fee for a petition for dissolution of marriage is $409.00. Service of process, certified copies, any parenting course, mediation, and attorney’s fees are separate. Fees in other counties differ and should be confirmed with that county’s clerk. Who ultimately bears the cost is a separate question governed by § 61.16(1), discussed below.
How is property divided in a Florida divorce? (§ 61.075)
Florida is an equitable-distribution state, and the starting point is equality. § 61.075(1) directs that the court “shall set apart to each spouse that spouse’s nonmarital assets and liabilities, and in distributing the marital assets and liabilities between the parties, the court must begin with the premise that the distribution should be equal, unless there is a justification for an unequal distribution based on all relevant factors,” then lists ten, (a) through (j). They include the duration of the marriage, the economic circumstances of the parties, interruption of careers or education, and — under § 61.075(1)(i) — “[t]he intentional dissipation, waste, depletion, or destruction of marital assets after the filing of the petition or within 2 years prior to the filing of the petition.” (official text of § 61.075.)
What is marital is defined by § 61.075(6)(a), and what is not by § 61.075(6)(b) — property owned before the marriage, noninterspousal gifts and inheritances, income from nonmarital assets “unless the income was treated, used, or relied upon by the parties as a marital asset,” and assets “excluded… by valid written agreement of the parties.” Two traps recur:
- Enhancement. § 61.075(6)(a)1.b. makes marital “[t]he enhancement in value and appreciation of nonmarital assets resulting from the efforts of either party during the marriage or from the contribution to or expenditure thereon of marital funds.”
- Passive appreciation on a mortgaged home. § 61.075(6)(a)1.c. captures principal paid from marital funds plus a share of passive appreciation computed by a statutory coverture fraction, which the court “shall apply… unless a party shows circumstances sufficient to establish that application of the formula would be inequitable.” The Florida Supreme Court reached the same result in Kaaa v. Kaaa, 58 So. 3d 867 (Fla. 2010).
- Joint titling. § 61.075(6)(a)2. presumes real property held as tenants by the entireties is marital “whether acquired before or during the marriage,” with the burden on whoever says otherwise.
Classification is frozen by § 61.075(7), which sets the cut-off at “the earliest of the date the parties enter into a valid separation agreement, such other date as may be expressly established by such agreement, or the date of the filing of a petition for dissolution of marriage.” Valuation dates, by contrast, are left to the judge as “just and equitable.” And under § 61.075(9), distribution comes first: only “[a]fter the determination of an equitable distribution… the court shall consider whether a judgment for alimony shall be made.”
How are retirement accounts split in a Florida divorce? (§ 61.076)
By statute, not by whose name is on the account. § 61.076(1): “All vested and nonvested benefits, rights, and funds accrued during the marriage in retirement, pension, profit-sharing, annuity, deferred compensation, and insurance plans and programs are marital assets subject to equitable distribution.” § 61.075(6)(a)1.e. says the same thing from the classification side. The marital portion is what accrued during the marriage; pre-marital accrual stays nonmarital, subject to the enhancement rule above. Division of a qualified plan generally requires a separate order directed to the plan administrator. Full detail: dividing retirement accounts in a Florida divorce.
How is a business divided in a Florida divorce? (§ 61.075(6)(a)1.f.)
Since ch. 2024-237, the statute supplies the method. § 61.075(6)(a)1.f.(I) fixes the standard: “[t]he standard of value of a closely held business is fair market value,” defined as “the price at which property would change hands between a willing and able buyer and a willing and able seller, with neither party under compulsion to buy or sell.” Sub-sub-subparagraph (II) then draws the critical line: where there is goodwill “separate and distinct from the continued presence and reputation of the owner spouse, it is considered enterprise goodwill, which is a marital asset that must be valued by the court.” Goodwill that is personal to the owner is not divided — the distinction Florida courts have applied since Thompson v. Thompson, 576 So. 2d 267 (Fla. 1991). See dividing a business in a Florida divorce.
What alimony is available after the 2023 reform? (§ 61.08)
Four forms, and no more. § 61.08(1)(a), as rewritten by ch. 2023-315, allows alimony only “in the form or forms of temporary, bridge-the-gap, rehabilitative, or durational alimony, as is equitable” — permanent alimony is off the list. The court must first find need and ability to pay (§ 61.08(2)(a)) and then weigh the eight factors in § 61.08(3). Bridge-the-gap “may not exceed 2 years” (§ 61.08(6)); rehabilitative “may not exceed 5 years” (§ 61.08(7)(c)); durational is capped at “50 percent of the length of a short-term marriage, 60 percent of the length of a moderate-term marriage, or 75 percent of the length of a long-term marriage” (§ 61.08(8)(b)). Temporary support during the case comes from § 61.071. Details: Florida alimony.
Does Florida presume 50/50 custody? (§ 61.13(2)(c)1.)
Yes, since 1 July 2023 — and Florida does not use the word “custody.” § 61.13(2)(c)1. provides that “[u]nless otherwise provided in this section or agreed to by the parties, there is a rebuttable presumption that equal time-sharing of a minor child is in the best interests of the minor child,” and that “[t]o rebut this presumption, a party must prove by a preponderance of the evidence that equal time-sharing is not in the best interests of the minor child.” The parent seeking a majority schedule carries that burden. (official text of § 61.13.)
Decision-making is separate from the schedule. Under § 61.13(2)(c)2. the court “shall order that the parental responsibility for a minor child be shared by both parents unless the court finds that shared parental responsibility would be detrimental to the child.” Whatever schedule results is measured against the best-interests factors in § 61.13(3), which the statute directs be evaluated in full. Detailed treatment: Florida child custody and time-sharing.
How is child support calculated in Florida? (§ 61.30)
By guideline, not by discretion. § 61.30(1)(a) provides that the guideline amount “presumptively establishes the amount the trier of fact must order as child support,” and permits a variance of more than 5 percent “only upon a written finding explaining why ordering payment of such guideline amount would be unjust or inappropriate.” The parenting schedule then changes the number: § 61.30(11)(b)8. defines “substantial amount of time” to mean that “a parent exercises time-sharing at least 20 percent of the overnights of the year,” which triggers the mandatory gross-up adjustment in § 61.30(11)(b). Estimate with our Florida child support calculator.
Can a parent move away with the child after divorce? (§ 61.13001)
Not unilaterally. § 61.13001 governs parental relocation and is triggered by a move of at least 50 miles from the principal residence at the time of the last order, for at least 60 consecutive days. Below those thresholds the statute does not apply; at or above them, relocation requires either a written agreement or a court order, and self-help moves are routinely reversed. See Fla. Stat. § 61.13001, parental relocation.
Will we have to attend mediation? (§ 44.102(2)(c), § 61.183)
In Miami-Dade, usually yes. § 44.102(2)(c) provides that a court “[i]n circuits in which a family mediation program has been established and upon a court finding of a dispute, shall refer to mediation all or part of custody, visitation, or other parental responsibility issues as defined in s. 61.13,” with one carve-out in the same paragraph: “[u]pon motion or request of a party, a court shall not refer any case to mediation if it finds there has been a history of domestic violence that would compromise the mediation process.” § 61.183(1) separately allows referral where “parental responsibility, primary residence, access to, visitation with, or support of a child are contested.”
What is said there is protected. § 44.405(1): “all mediation communications shall be confidential,” and § 44.405(2) gives a party “a privilege to refuse to testify and to prevent any other person from testifying in a subsequent proceeding regarding mediation communications.” The exceptions are closed and listed in § 44.405(4)(a). (official text of § 44.405.) More: Florida divorce mediation.
Which state decides custody if we just moved to Florida? (§§ 61.501–61.542)
Not necessarily Florida. Custody jurisdiction is governed by the Uniform Child Custody Jurisdiction and Enforcement Act, codified at §§ 61.501–§ 61.542, which turns on the child’s home state rather than on where the divorce is filed. A spouse can therefore satisfy the § 61.021 six-month residency for the divorce itself while a different state retains authority over the parenting plan. Cross-border cases are covered on our international divorce page.
Who pays the attorney’s fees? (§ 61.16(1))
The court can shift them. § 61.16(1) allows the court, “after considering the financial resources of both parties, [to] order a party to pay a reasonable amount for attorney’s fees, suit money, and the cost to the other party of maintaining or defending any proceeding under this chapter, including enforcement and modification proceedings and appeals.” The purpose is to keep both spouses able to litigate, not to reward the winner. A premarital agreement under § 61.079 can narrow what is in dispute but does not by itself remove that authority.
How Pazos Law Group handles a Florida divorce
We also handle the small items that are easy to lose in a long case — among them restoration of a former name, which must be pleaded and carried into the final judgment. See how to restore your name after a Florida divorce (§ 68.07).
Nadia Pazos has practiced Florida family law for more than 20 years and handles dissolution cases from the firm’s Coral Gables office, in English and Spanish, throughout Miami-Dade, Broward, and Palm Beach. Each case is built around the same statutory spine: confirm § 61.021 residency and the § 61.052(1)(a) ground; fix the § 61.075(7) cut-off date and classify every asset against § 61.075(6); run § 61.30 against the actual overnight count; and test any proposed schedule against the § 61.13(2)(c)1. presumption before agreeing to depart from it.
Related in depth: served with divorce papers? the 20-day deadline · high-net-worth divorce · dividing a business · retirement and pensions · international divorce · Florida family law statutes explained.
Frequently Asked Questions
How long do you have to live in Florida to file for divorce?
Six months. § 61.021 states: “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.” Only one spouse must meet it, and it is measured as of the filing date.
Is Florida a 50/50 state for property division?
Not automatically, but it starts there. § 61.075(1) requires the court to “begin with the premise that the distribution should be equal, unless there is a justification for an unequal distribution based on all relevant factors,” then lists ten factors in (a) through (j). Nonmarital assets under § 61.075(6)(b) are set apart first and are not divided at all.
What is the fastest a Florida divorce can be finalized?
§ 61.19 bars entry of a final judgment “until at least 20 days have elapsed from the date of filing the original petition for dissolution of marriage,” unless the court finds that injustice would result from the delay. That 20-day floor is the only waiting period chapter 61 imposes.
Does Florida presume equal time-sharing?
Yes, since 1 July 2023. § 61.13(2)(c)1. creates “a rebuttable presumption that equal time-sharing of a minor child is in the best interests of the minor child,” and requires a party seeking to rebut it to “prove by a preponderance of the evidence that equal time-sharing is not in the best interests of the minor child.”
How are retirement accounts divided in a Florida divorce?
As marital property. § 61.076(1) makes “[a]ll vested and nonvested benefits, rights, and funds accrued during the marriage in retirement, pension, profit-sharing, annuity, deferred compensation, and insurance plans and programs” marital assets subject to equitable distribution. Only the portion accrued during the marriage is marital; whose name is on the account does not control.
How much does it cost to file for divorce in Miami-Dade County?
The Miami-Dade Clerk’s filing fee for a petition for dissolution of marriage is $409.00. Service of process, certified copies, any required parenting course, mediation, and attorney’s fees are additional. Other counties set their own fees. Under § 61.16(1) the court may order one party to pay the other’s reasonable fees and suit money.
Do I need a reason to get divorced in Florida?
No. Florida is a no-fault state. § 61.052(1)(a) requires only a general pleading that “[t]he marriage is irretrievably broken.” The only other ground, § 61.052(1)(b), is mental incapacity, which requires an adjudication of incapacity under s. 744.331 “for a preceding period of at least 3 years.”
Is divorce mediation required in Florida?
Often. § 44.102(2)(c) requires a court in a circuit with a family mediation program, upon finding a dispute, to refer custody, visitation, and parental responsibility issues to mediation, and § 61.183(1) permits referral of contested parental responsibility and support issues. The same paragraph bars referral, on a party’s motion, where the court finds “a history of domestic violence that would compromise the mediation process.”
Is what I say in divorce mediation confidential?
Yes, with narrow exceptions. § 44.405(1) provides that “all mediation communications shall be confidential,” and § 44.405(2) gives each party “a privilege to refuse to testify and to prevent any other person from testifying in a subsequent proceeding regarding mediation communications.” The exceptions are listed exhaustively in § 44.405(4)(a).
Try the Florida Alimony Calculator
Use our free Florida Alimony Calculator to estimate eligible alimony type, maximum duration, and maximum monthly amount under the rules in effect after the 2023 reform.
Pazos Law Group represents clients in family law matters throughout South Florida and across the state — learn more about working with a Miami divorce attorney or our statewide Florida divorce attorney practice.
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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.