Before filing: residency and grounds
At least one spouse must have lived in Florida for the six months before the petition is filed. Florida is a no-fault state; the petition alleges that the marriage is irretrievably broken, and no proof of misconduct is required to obtain the divorce itself, though conduct can matter to specific issues such as alimony and time-sharing.
Day 1: the petition and service
The case begins when one spouse files a petition for dissolution of marriage in the circuit court, usually in the county where either spouse lives. The other spouse must be formally served, by a process server or sheriff, or can sign a waiver of service. Service starts the clock on everything that follows.
Days 1 to 20: the answer
The spouse who was served has 20 days to file an answer and, if they wish, a counter-petition raising their own requests. Missing that deadline allows the filing spouse to seek a default, which can mean losing the chance to be heard on property, support and children. If you have been served, do not let the deadline pass while you think about hiring a lawyer.
Within 45 days: mandatory disclosure
Both spouses must exchange a financial affidavit and a package of documents, including tax returns, pay stubs, bank and credit card statements, retirement account statements and debt records, within 45 days of service of the petition. Start gathering these on day one. Incomplete or late disclosure is a common early failure and it erodes credibility with the judge.
The parenting course
When there are minor children, each parent must complete a court-approved parent education and family stabilization course before the divorce can be finalized. It is four hours, available online, and best done early.
Temporary relief
Many cases need interim orders: who stays in the house, who pays which bills, temporary support, and a temporary time-sharing schedule. Either side can file a motion for temporary relief and the court will set a hearing. Mediation is required in most Florida family cases before contested issues go to a judge.
Mistakes that cost people later
- Moving money or changing beneficiaries after filing; a standing administrative order in most circuits prohibits it
- Texting or posting things about the other spouse that end up as exhibits
- Moving out of the home, or taking the children elsewhere, without advice
- Agreeing to informal arrangements that later get presented as the status quo
- Hiding an account, which is routinely discovered and then taints everything else you say
Frequently asked questions
How long does a Florida divorce take?
An uncontested divorce with a full agreement can be finished in a few weeks after the waiting period. Contested cases commonly take six months to a year or more, depending on the court's calendar and the issues.
Do I need a lawyer if we agree on everything?
An agreement that is not written correctly can be unenforceable or leave out something important, such as retirement division or how the house will be refinanced. Having an attorney prepare or review the agreement is far cheaper than fixing it later.
Can my spouse refuse to give me a divorce?
No. If one spouse testifies the marriage is irretrievably broken, the court can dissolve it. The other spouse can contest the terms, not the divorce itself.
This guide is general information about Florida law as of its date, not legal advice for your situation. Deadlines and procedures vary by case and change over time; talk to an attorney about yours.