How to File for Divorce
in Florida
A complete guide for Florida residents — residency requirements, no-fault grounds, filing fees, property division rules, and a 6-step process overview.
Filing Fee
$300-$400 (check with your county clerk)
Approximate
Timeline
3-6 months (uncontested); 12+ months (contested)
Uncontested
Property
Equitable distribution
Division rule
Florida Divorce — Key Facts
Residency Requirement
6 months in the state before filing
Grounds for Divorce
Irreconcilable differences
Separation Period
None required
Property Division
Equitable distribution
Filing Fee
$300-$400 (check with your county clerk)
Average Timeline
3-6 months (uncontested); 12+ months (contested)
Florida-Specific Rule
Florida does not recognize legal separation — spouses are considered married until the divorce is final. There is no mandatory waiting period after filing.
6-Step Divorce Process in Florida
Confirm You Meet Residency Requirements
6 months in the state before filing. If you don't yet qualify, you can still start organizing your documents — just wait to file until the residency requirement is met.
Gather Financial and Personal Documents
Collect marriage certificate, bank statements, tax returns (last 2 years), property deeds, vehicle titles, retirement account statements, and any prenuptial agreements. JustiPal™ provides a complete document checklist.
Complete the Divorce Petition
File the Petition for Dissolution of Marriage (or Divorce Complaint, depending on Florida's terminology). State the grounds as "Irreconcilable differences." Include your marriage date, separation date if applicable, and requested relief.
Serve Your Spouse
Your spouse must be formally notified of the divorce filing. This can be done by a process server, certified mail, or sheriff. Your spouse has a set number of days to respond.
Negotiate or Agree on Terms
Reach agreement on property division (Equitable distribution rules apply in Florida), debt allocation, spousal support if applicable, and child custody and support if you have children.
Finalize the Divorce Decree
Submit your Settlement Agreement and financial disclosures to the court. For uncontested divorces, a judge reviews and signs the Final Judgment. Florida does not recognize legal separation — spouses are considered married until the divorce is final. There is no mandatory waiting period after filing.
Frequently Asked Questions — Florida Divorce
How long do I have to live in Florida before I can file for divorce?
6 months in the state before filing. This residency requirement must be met before the court can accept your divorce petition. If you don't yet meet the requirement, you can still begin organizing your documents and preparing your case.
What are the grounds for divorce in Florida?
Florida recognizes no-fault divorce based on "Irreconcilable differences." You don't need to prove fault, wrongdoing, or that your spouse did anything wrong — simply that the marriage has broken down and cannot be repaired.
How much does it cost to file for divorce in Florida?
The estimated court filing fee in Florida is $300-$400 (check with your county clerk). Filing fees vary by county. Additional costs may include a process server (typically $30–$100), and document preparation services like JustiPal™ ($197).
How is property divided in a Florida divorce?
Florida follows Equitable distribution rules. Florida does not recognize legal separation — spouses are considered married until the divorce is final. There is no mandatory waiting period after filing.
How long does divorce take in Florida?
An uncontested divorce in Florida typically takes 3-6 months (uncontested); 12+ months (contested). Separation period: None required. Contested divorces involving disagreements over property division or child custody can take 1–3 years.
Related Resources
Free Check
Divorce Readiness Check
See if you're ready to file in Florida — takes 2 minutes. Covers residency, documents, and property.
Check My ReadinessFull Service · $197
Divorce Intake Package
Guided divorce intake with Florida-specific document checklist and organized filing packet.
- Complete intake workflow
- Florida document checklist
- Property inventory worksheet
- Ready-to-file packet
Document preparation · Not a law firm
JustiPal™ is a document preparation service. We do not provide legal advice. For contested divorces or complex situations, consult a licensed family law attorney in Florida.
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