Divorce in Florida

You already know your marriage is over. Now you need to know what comes next and how to protect what matters most.

Florida calls it “dissolution of marriage,” and the process determines everything: where your children live, who keeps the house, how assets get divided, and whether you’ll pay or receive support. These decisions can shape your life for years. You deserve an attorney who can advocate for your position under Florida law.

At Vasquez de Lara Law Group, our Florida divorce lawyers have guided thousands of families from Miami and Fort Lauderdale to Kendall and Coral Gables through this process. Our attorneys offer free consultations so you can understand your options before making any decisions.

What Is ‘Dissolution of Marriage’ in Florida?

In Florida, the legal term for divorce is “dissolution of marriage.” Unlike some states that require proving fault, Florida is a no-fault divorce state. Under Florida Statute § 61.052, you only need to establish that the marriage is “irretrievably broken” to proceed with a divorce. This means the court will not assign blame or require evidence of wrongdoing. Instead, judges focus on resolving the practical matters that shape your future: parenting arrangements, financial support, and how to fairly divide what you built together.

To file for dissolution of marriage in Florida, at least one spouse must have been a resident of the state for at least six months (Fla. Stat. § 61.021). Residency is typically established through a Florida driver’s license, voter registration, or sworn testimony. The petition is filed in the circuit court of the county where either spouse lives.

Types of Divorce in Florida

Every divorce is different. The path your case takes depends on your circumstances, your goals, and whether you and your spouse can reach agreement on key issues.

Uncontested Divorce

When both spouses agree on all issues, including parenting, support, and property division, the divorce can proceed as an uncontested divorce. This often means a faster resolution, lower costs, and less emotional strain. Couples submit a Marital Settlement Agreement and Parenting Plan to the court for approval. Uncontested cases may be resolved more quickly depending on court scheduling, potentially as little as four to six weeks after the mandatory 20-day waiting period. Not all cases are the same, though.

Collaborative Divorce

When spouses want to avoid litigation but still need structured negotiations, collaborative divorce offers a private, attorney-led process. Each spouse works with counsel and, when needed, neutral professionals to reach agreements on parenting, support, and property division outside of court.

Contested Divorce

When spouses cannot agree on one or more issues, the case becomes a contested divorce. This may require mediation, discovery, and, potentially, a trial in which a judge makes binding decisions. Contested cases can take longer and cost more, but in some cases, litigation may be the only way to protect your rights and your children’s interests.

Simplified Dissolution

Florida offers a simplified dissolution procedure for couples who have no minor children, have agreed on property division, and both waive the right to alimony. Both spouses must appear together at the final hearing. This streamlined process skips mandatory financial disclosures but is only available in limited circumstances.

High Net-Worth Divorce

When significant assets are involved, such as businesses, real estate portfolios, executive compensation, or complex investments, a high-net-worth divorce requires specialized financial analysis. Our attorneys work with forensic accountants and valuation experts to ensure nothing is overlooked.

Military Divorce

A military divorce involving an active-duty service member is governed by both Florida law and federal statutes like the Servicemembers Civil Relief Act (SCRA). Issues such as military pension division, deployment-related custody schedules, and jurisdictional questions require legal knowledge to navigate.

What Issues Are Decided in a Florida Divorce?

Florida courts have broad authority to resolve the legal and financial issues that arise when a marriage ends. The major areas addressed in most divorces include:

Parental Responsibility and Time-Sharing

Florida no longer uses the term “custody.” Instead, the law refers to parental responsibility (decision-making authority) and time-sharing (the schedule determining when children are with each parent). As of July 1, 2023, Florida law presumes that equal time-sharing is in the child’s best interest (Fla. Stat. § 61.13(2)(c)1.). Either parent may rebut this presumption by presenting evidence that another arrangement better serves the child’s needs.

The court evaluates factors including each parent’s involvement in the child’s life, the ability to provide stability, and any history of domestic violence or substance abuse.

Learn more about child custody in Florida, including parental responsibility, time-sharing schedules, and best-interest factors.

Child Support

Child support in Florida is calculated using statutory guidelines under Fla. Stat. § 61.30. The formula considers both parents’ net incomes, the number of overnights each parent has, and costs for health insurance and childcare. The court may deviate from guideline amounts when circumstances warrant, but any deviation must be justified in writing.

To better understand how these factors may apply to your situation, you can use our Florida child support calculator to generate an estimate based on current income and parenting time.

Support orders are enforceable by law. Non-payment can result in wage garnishment, license suspension, or contempt proceedings. Either parent may petition for modification if circumstances change substantially.

Alimony (Spousal Support)

Alimony may be awarded to help a lower-earning spouse maintain financial stability after divorce. Florida recognizes several types of alimony, including bridge-the-gap, rehabilitative, and durational support. The court considers factors such as the length of the marriage, each spouse’s financial resources, the standard of living during the marriage, and contributions, including career sacrifices, made to support the family.

Alimony can affect the financial outcome of a Florida divorce, but the amount and duration depend on the specific facts of your case. To get a quick estimate based on your situation, use our Florida alimony calculator.

Property Division (Equitable Distribution)

In Florida, property division is governed by Fla. Stat. § 61.075, which follows the rule of equitable distribution. That means the court divides marital assets and debts fairly, though not always equally. In general, property acquired during the marriage may be divided, while some assets, such as inheritances, gifts, or property owned before the marriage, may remain separate. The court also considers factors such as the length of the marriage, each spouse’s financial circumstances, and each party’s contributions to the marriage.

How the Divorce Process Works in Florida

Understanding what to expect at each stage can reduce anxiety and help you prepare. Here is how a typical Florida divorce unfolds:

1. Filing the Petition

The process begins when one spouse (the Petitioner) files a Petition for Dissolution of Marriage with the circuit court. This document outlines basic information about the marriage, any children, and initial requests regarding time-sharing, support, and property. The petition must then be formally served on the other spouse (the Respondent).

2. Response and Counterpetition

The Respondent has 20 days after service to file an Answer or Counterpetition. Failing to respond can result in a default judgment granting the Petitioner’s requests without the other side’s input.

3. Mandatory Financial Disclosures

Both parties must exchange complete financial information within 45 days of service (Florida Family Law Rules of Procedure 12.285). Required documents include the Family Law Financial Affidavit, tax returns, pay stubs, bank statements, and documentation of all assets and liabilities. Failing to disclose assets can result in sanctions or reopening of the final judgment. Simplified dissolutions are exempt from this requirement.

4. Mediation

Florida courts often require mediation before trial. A neutral mediator helps spouses negotiate contested issues in a confidential setting. Many cases settle at mediation, saving time, money, and emotional energy. Learn more about divorce mediation in Florida and whether it may benefit your case.

5. Settlement or Trial

If the parties reach an agreement, they submit a Marital Settlement Agreement and Parenting Plan to the court for approval at a final hearing. If they cannot agree, the case proceeds to trial, where a judge makes binding decisions on all contested issues.

6. Final Judgment

Once all issues are resolved, the court enters a Final Judgment of Dissolution of Marriage. This legally ends the marriage and establishes enforceable terms for property division, alimony, parental responsibility, time-sharing, and child support.

Common Mistakes to Avoid During Your Florida Divorce

Divorce is emotionally charged, and it is easy to make decisions in the heat of the moment that can hurt your case. Here are four mistakes we see frequently:

1. Hiding Assets or Income

Florida requires full financial disclosure. Attempting to hide assets, underreport income, or transfer property to relatives can result in sanctions, including an unfavorable property division. Courts take financial misconduct seriously, and discovery tools often uncover hidden assets.

2. Using Social Media Carelessly

Photos, posts, and comments on social media can be used as evidence in divorce proceedings. A photo of an expensive vacation can undermine claims of financial hardship. Negative posts about your spouse can affect custody evaluations. During your divorce, assume everything you post may end up in front of a judge.

3. Making Major Financial Moves

Many Florida circuits issue administrative or standing orders restricting the transfer or dissipation of marital assets once a case is filed. Closing joint accounts, making large purchases, or taking on new debt without court approval can damage your credibility and result in penalties.

4. Letting Emotions Drive Decisions

It is natural to feel anger, hurt, or a desire for revenge. But fighting over every item or refusing reasonable settlements can dramatically increase legal costs and delay your ability to move forward. An experienced attorney can help you distinguish between battles worth fighting and those that will only prolong your pain.

Common Misconceptions About Florida Divorce

Many people enter the divorce process with assumptions that simply are not accurate under Florida law. Here are five myths we frequently correct:

Myth: Mothers automatically get custody.

Reality: Florida law explicitly prohibits courts from favoring one parent based on gender (Fla. Stat. § 61.13(2)(c)). Both parents begin with equal standing, and the court focuses solely on the best interests of the child.

Myth: You need your spouse’s consent to get divorced.

Reality: Florida is a no-fault state. You do not need your spouse’s agreement or cooperation. If your spouse refuses to participate, you can proceed and potentially obtain a default judgment.

Myth: Cheating spouse gets nothing.

Reality: Because Florida is a no-fault state, adultery generally does not affect property division. It may be relevant in alimony decisions if marital funds were used on the affair, but courts do not punish infidelity through asset distribution.

Myth: Everything is split 50/50.

Reality: Florida uses equitable distribution, which means fair but not necessarily equal. The court considers many factors, including marriage length, each spouse’s contributions, and economic circumstances. A 50/50 split is common but not guaranteed.

Myth: You must be separated before filing.

Reality: Florida has no separation requirement. You can file for divorce even if you and your spouse are still living under the same roof, as long as you meet the residency requirement.