Florida Divorce FAQ — 35 Most Common Questions Answered (2026)

Eligibility and Basics

Can I file for divorce in Florida without a lawyer? Yes. Florida's well-organized Supreme Court-approved form system makes DIY divorce very manageable for uncontested cases.

What is the residency requirement for Florida divorce? At least one spouse must have lived in Florida for 6 months before filing. No county-specific requirement.

How do I prove Florida residency? At the final hearing, present a Florida driver's license or ID with an issue date at least 6 months before filing, a voter registration card, or a sworn affidavit from a witness who can confirm your residency.

What are grounds for divorce in Florida? Florida is no-fault only. The sole ground is that the marriage is "irretrievably broken." No proof of wrongdoing is required.

What is Simplified Dissolution? Florida's fast-track divorce for couples with no children, no alimony request, full agreement on all terms, and both willing to attend a joint final hearing. Can be completed in 30–45 days.

Timeline

How long does a Florida divorce take? A Simplified Dissolution can be completed in 30–45 days. A regular uncontested divorce typically takes 4–8 weeks. Contested divorces can take 6 months to several years.

What is the waiting period in Florida? 20 days from filing. Can be waived if both parties include a waiver in their MSA.

When does the waiting period start? From the date you file the petition — not from service.

Can we skip the waiting period? Yes. Include a waiver of the 20-day waiting period in your Marital Settlement Agreement.

Filing and Forms

Where do I get Florida divorce forms? Free at flcourts.org under Resources → Family Courts → Family Law Forms.

How much does it cost to file for divorce in Florida? $395–$410 depending on the county. Fee waivers available via Form 12.902(a).

Do I have to go to court? Yes — Florida generally requires a brief final hearing even for uncontested divorces. For Simplified Dissolution, both spouses attend together.

Can I e-file in Florida? Yes. Florida has a statewide e-filing portal at floridacourts.gov/e-filing.

What is mandatory disclosure? Florida Rule 12.285 requires both parties to exchange financial documents (tax returns, pay stubs, bank statements, retirement statements) within 45 days of service. It is not optional.

Property and Finances

Is Florida a community property state? No. Florida is an equitable distribution state — marital property is divided fairly, starting from equal but adjustable based on circumstances.

Does equitable mean 50/50? Courts start from equal division. In most agreed divorces, spouses split roughly equally. Departures from equal require justification based on specific statutory factors.

What happens to retirement accounts? Retirement contributions during the marriage are marital property. Dividing employer plans requires a QDRO after the divorce is final.

What about alimony in Florida? Florida allows several types of alimony. Florida reformed alimony law in 2023, eliminating permanent alimony in most cases. In an agreed divorce, both spouses can waive alimony entirely.

What if my spouse hid assets? Contact a family law attorney. Hiding marital assets is fraud on the court and can result in serious penalties.

Children and Time-Sharing

What is "time-sharing" in Florida? Florida's term for the physical schedule — when each parent has the children. It replaces "visitation" entirely in Florida law.

What is "parental responsibility" in Florida? Florida's term for decision-making authority (what most states call legal custody). Shared Parental Responsibility — both parents make decisions together — is the default.

Is a parenting plan required? Yes. A written Parenting Plan is required in every Florida divorce involving minor children. It must be detailed and address all time-sharing scenarios.

Is the parenting class really mandatory? Yes. Both parents must complete a 4-hour Parent Education and Family Stabilization Course and file their certificates before the final hearing.

How is child support calculated in Florida? Florida uses the Income Shares model — both parents' incomes plus the time-sharing percentage determine the support amount. Use Florida's official child support calculator.

Does 50/50 time-sharing eliminate child support? No, but it significantly reduces it. Equal time reduces but doesn't eliminate support when incomes differ.

Does Florida favor mothers in time-sharing decisions? No. Florida law explicitly prohibits gender preference in time-sharing decisions.

What is Florida's relocation rule? If the primary time-sharing parent wants to move more than 50 miles, they need either written agreement from the other parent or court approval. This is strictly enforced.

The Process

Do both spouses have to attend the final hearing? For regular dissolution, typically only the petitioner appears. For Simplified Dissolution, both spouses must appear together.

What if my spouse doesn't respond after being served? After 20 days with no response, file Form 12.922(b) (Motion for Default) with the Clerk. Proceed to a default final hearing.

Can I stop the divorce after filing? Yes — file a voluntary dismissal at any time before the Final Judgment is signed.

After the Divorce

How do I change my name in Florida? Your Final Judgment can include a name restoration order. Take certified copies to the Social Security Administration first, then the Florida DHSMV for your driver's license.

What if my ex violates the Final Judgment? File an Enforcement action with the court. Florida courts can hold non-complying parties in contempt. For child support, the Florida Department of Revenue assists with enforcement.

Last reviewed: March 2026

Last reviewed: March 2026 · Verify current fees and forms with your local court before filing.