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Divorce in Florida: how it works, what it costs, and what happens next

A plain-English guide to ending a marriage in Florida, from filing to final judgment, with the parts that affect your kids and your money explained.

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Florida Bar members · Florida Supreme Court–certified family mediator · Orlando & Miami, serving Florida statewide

The short answer

In Florida, a divorce (legally a “dissolution of marriage”) is no-fault, so you don't have to prove your spouse did anything wrong. One spouse must have lived in Florida for six months, and the court divides marital property fairly (not always 50/50) and can order support. Most cases finish in a few months (Chapter 61).

How does divorce work in Florida?

The court calls it a “dissolution of marriage.” You'd call it ending the marriage and sorting out your kids, your home, and your money. Both mean the same thing.

Florida is a no-fault state, which means you don't have to prove your spouse did anything wrong; you only have to say the marriage is irretrievably broken (beyond repair). One spouse must have lived in Florida for at least six months before filing. From there, the case is mostly about reaching agreement on four things: your parenting schedule, child support, any spousal support, and how you split what you own and owe.

Chapter 61 is Florida's family-law statute. It tells the court to divide marital property fairly and lets it order support when one spouse needs it and the other can pay.

What are the steps to get divorced in Florida?

A Florida divorce moves through the same sequence whether it's simple or hard-fought. The difference is how long you spend at each step.

  • File the petitionFiled with the courtDay 1
  • Serve your spouseYour spouse is formally notified1–3 weeks
  • Spouse respondsSpouse's written response is due~20 days
  • Exchange financesMandatory financial disclosureWithin 45 days
  • MediationWorking toward a settlement1–3 months
  • Final judgmentJudge signs the final orderFrom ~4 weeks

Rule 12.285 is Florida's mandatory-disclosure rule: both spouses must hand over their financial documents automatically. You don't have to ask.

How long does a Florida divorce take?

An uncontested case can finish in about four weeks to a few months. A contested one runs six months to over a year. See divorce timelines →

How much does a Florida divorce cost?

A simplified case runs about $500 to $1,500; an uncontested divorce with a lawyer about $2,000 to $5,000; contested costs much more. See divorce costs →

Is your divorce contested or uncontested?

This one distinction drives your cost, your timeline, and your stress more than anything else.

Uncontested

✓ You agree on the big issues
✓ Faster and far less expensive
✓ Often little or no courtroom time

How uncontested divorce works →

Contested

✓ You disagree on children, support, or property
✓ Adds discovery, mediation, maybe trial
✓ A valid path, not a failure

What a contested divorce involves →

What happens to your children?

Florida no longer uses the word “custody.” Instead the court sets time-sharing (the schedule of when the child is with each parent) and parental responsibility (who makes the big decisions). Since a 2023 law change, courts start by assuming equal (50/50) parenting time is best, and either parent can show why a different schedule fits their child.

Time-sharing & parenting plans

How Florida decides your schedule and decision-making, and how to build a plan the court will approve. See custody & time-sharing →

What happens to your money?

Dividing property & debt

Florida splits only marital property through equitable distribution, a fair division that isn't always 50/50. What you owned before the marriage usually stays yours. See property division →

Spousal support (alimony)

Florida's 2023 reform ended permanent alimony for new cases. Remaining types help a spouse retrain, transition, or cover a set number of years. See alimony →

Child support

Florida uses a set formula (Chapter 61.30) based on both parents' take-home pay, overnights, and costs like health insurance and daycare. See child support →

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Common questions about divorce in Florida

What is a wife entitled to in a divorce in Florida?

Florida law is gender-neutral, so either spouse may receive the same things. That means a fair share of marital property under equitable distribution (not always a 50/50 split), plus alimony (support) if one spouse needs it and the other can pay. Property owned before the marriage generally stays separate (Chapter 61).

What is the “7-year divorce rule” in Florida?

There is no 7-year divorce rule in Florida. People often confuse it with alimony: before the 2023 reform, marriage length put cases into short-, moderate-, or long-term brackets that affected support. Length still matters for alimony, but no rule ends a marriage or changes property division at seven years.

How many years do you have to be married in Florida to get alimony?

There is no minimum. A judge can award alimony after a short marriage, though longer marriages more often support longer or larger awards. Since the 2023 reform, Florida looks at each spouse's need and the other's ability to pay, along with marriage length, rather than a fixed year threshold (Chapter 61.08).

What is the easiest way to get divorced in Florida?

The easiest path is a simplified dissolution: available when you have no minor children, neither spouse seeks alimony, and you agree on dividing everything. Both sign and file together. If you have children or any disagreement, an uncontested divorce with a marital settlement agreement is the next simplest route.

Do you have to go to court to get divorced in Florida?

Often no. If your divorce is uncontested, most Florida judges finalize it with little or no court time, and some counties handle it on paper. You typically appear before a judge only when you and your spouse can't agree and the case becomes contested.

Does it matter who files for divorce first in Florida?

Legally, filing first gives no advantage on property or time-sharing; Florida is no-fault and the outcome doesn't reward the petitioner. Filing first can help practically, letting you choose timing and prepare your finances, but it does not decide who “wins” any issue in the case.

Reviewed by Raisa Romaelle, Esq. · Romaelle Family Law Group · Florida Bar No. 86810 · Florida Supreme Court–certified family mediator · Full bio →
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