Florida Divorce Guide
Everything you need to know about filing for divorce in Florida — residency requirements, costs, forms, timelines, and how to file without a lawyer. Updated for 2026.
Florida Divorce at a Glance
| Residency Requirement | 6 months in state |
| Waiting Period | 20 days — Florida has a 20-day mandatory waiting period from the date of filing before the court may enter a final judgment of dissolution. The court may waive this period for good cause shown. This is among the shortest waiting periods in the nation. |
| Filing Fee | $408(fee waiver available) |
| No-Fault Grounds | Irretrievably Broken |
| Fault Grounds | Mental Incapacity |
| Property Division | Equitable Distribution |
| E-Filing | Available — Florida requires e-filing through the Florida Courts E-Filing Portal (myflcourtaccess.com) for most filings. Self-represented litigants may be exempt in some counties but are encouraged to use the portal. The E-Filing Support Desk is available at (850) 577-4609 during business hours. |
| Response Window | 20 days — The respondent has 20 calendar days from the date of service to file a response (Answer and any counterclaim). |
Grounds for Divorce in Florida
The marriage is irretrievably broken
No-Fault Grounds
- Irretrievably Broken — The marriage is irretrievably broken with no reasonable chance of reconciliation (Florida Statutes Section 61.052). This is the standard no-fault ground and the most commonly used in Florida.
Fault-Based Grounds
- Mental Incapacity — Spouse has been mentally incapacitated for at least 3 years prior to filing. Requires adjudication of incapacity by a court.
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How to File for Divorce in Florida
Meet Residency Requirements
You must have lived in Florida for at least 6 months before filing. At least one spouse must have been a Florida resident for at least 6 months before filing. No county residency requirement. Residency may be proved by a valid Florida driver's license, Florida identification card, Florida voter registration card, or the testimony of a third party.
Complete Your Forms
Florida requires 4 mandatory forms to initiate a divorce. See the full forms list.
File with the Court
File your petition and pay the $408 filing fee. E-filing is available in some counties.
Serve Your Spouse
Accepted service methods: personal, process server, sheriff, mail, publication. Florida requires service through certified process servers or the county sheriff. You cannot serve papers yourself. For simplified dissolution, formal service is not required because both parties file jointly.
Wait for Response & Finalize
Your spouse has 20 days to respond. After the 20-day waiting period, the court can issue your final decree.
Special Rules in Florida
Simplified Dissolution
A faster process when both parties agree on all terms, have no minor children, the wife is not pregnant, and at least one party has lived in Florida 6+ months. Both parties file a joint petition (Form 12.901(a)) and must both appear at the final hearing.
Applies when: No minor children, wife not pregnant, complete agreement on all terms, neither party seeking alimony
Mandatory Parenting Course
When minor children are involved, both parents must complete a court-approved Parent Education and Family Stabilization Course. The petitioner must complete it within 45 days of filing; the respondent within 45 days of being served. The case cannot be finalized until both parents provide proof of completion (Florida Statutes Section 61.21).
Applies when: Minor children involved
Mandatory Financial Disclosure
Both parties must provide mandatory financial disclosure within 45 days of service under Florida Family Law Rule of Procedure 12.285. Includes tax returns (2 years), pay stubs (3 months), bank statements (12 months), financial affidavit, and supporting documents.
Mediation Requirement
Many Florida circuits require mediation before a contested divorce can go to trial. Under Florida Family Law Rule of Procedure 12.740, judges may refer all contested family matters to mediation. Mediation must be completed within 75 days of the first conference unless otherwise ordered.
Automatic Temporary Financial Orders
Florida does not have statewide automatic restraining orders (ATROs) like some states. However, individual circuits may issue standing orders upon filing that restrict dissipation of marital assets.
Alimony Reform (SB 1416)
Effective July 1, 2023, Florida eliminated permanent alimony for all cases filed on or after that date. Only bridge-the-gap, rehabilitative, and durational alimony remain available. Durational alimony is capped at 35% of the difference in net incomes.
Mandatory Requirements
Parenting Course Required
Mandatory for ALL cases involving minor children under 18 (Florida Statutes Section 61.21). Both parents must complete a minimum 4-hour Parent Education and Family Stabilization Course approved by the Florida Department of Children and Families (DCF). The petitioner must complete the course within 45 days of filing; the respondent within 45 days of being served. The case cannot be finalized until both parents provide proof of completion. Online courses available statewide. Fee ranges from $25-$75 per person depending on provider.
Financial Disclosure
Both parties must exchange financial disclosures within 45 days of filing.
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