If you only remember one point about how to file for divorce in Florida, remember this: At least one party must have resided in Florida for 6 months before filing. Grounds: No-fault only: the marriage is irretrievably broken, or a party is mentally incapacitated. Property: equitable distribution. Florida is an equitable-distribution state. Marital property is divided fairly based on statutory factors, not necessarily equally; separate property generally remains with the owning spouse if traceable. Procedure, examples, and the opinions below hang off Fla. Stat. §§ 61.052, 61.075. Waiting period: No statewide mandatory cooling-off after filing beyond ordinary case management; simplified dissolution for eligible couples can move quickly after the mandatory financial disclosure period. File in Circuit court in the county where either party resides.
Property division: equitable distribution
Florida is an equitable-distribution state. Marital property is divided fairly based on statutory factors, not necessarily equally; separate property generally remains with the owning spouse if traceable.
Retirement accounts, closely held businesses, and marital homes often need valuations and Qualified Domestic Relations Orders (QDROs). Do not assume an informal split of bank accounts finishes the case.
Walking through Florida facts
Use this walkthrough to see which Florida authority does the work at each step.
A spouse wants to file for divorce in Florida and is unsure about residency, grounds, and property.
- Confirm residency: At least one party must have resided in Florida for 6 months before filing.
- Plead grounds Florida recognizes: No-fault only: the marriage is irretrievably broken, or a party is mentally incapacitated.
- Expect property division under equitable distribution: Florida is an equitable-distribution state. Marital property is divided fairly based on statutory factors, not necessarily equally; separate property generally remains with the owning spouse if traceable.
- Plan the timeline: No statewide mandatory cooling-off after filing beyond ordinary case management; simplified dissolution for eligible couples can move quickly after the mandatory financial disclosure period. A petition for dissolution of marriage is filed in circuit court. Mandatory disclosure under Fla. Fam. L. R. P. 12.285 follows. Temporary relief can address support and parenting. Contested cases use mediation and trial. The final judgment divides marital assets under equitable distribution (§ 61.075), addresses alimony, and incorporates a parenting plan.
Florida courts publish self-help packets for simplified dissolution; most contested family cases need counsel.
Waiting periods and timelines
No statewide mandatory cooling-off after filing beyond ordinary case management; simplified dissolution for eligible couples can move quickly after the mandatory financial disclosure period.
The typical Florida divorce process
A petition for dissolution of marriage is filed in circuit court. Mandatory disclosure under Fla. Fam. L. R. P. 12.285 follows. Temporary relief can address support and parenting. Contested cases use mediation and trial. The final judgment divides marital assets under equitable distribution (§ 61.075), addresses alimony, and incorporates a parenting plan.
Self-help and when to hire counsel
Florida courts publish self-help packets for simplified dissolution; most contested family cases need counsel.
Related Florida guides
- Child custody and parenting time in Florida
- Security deposit return in Florida
- DUI penalties in Florida
Case law: divorce in Florida
Ryan v. Ryan
Ryan v. Ryan, 277 So. 2d 266 (1973)
…rida Statutes Chapter 61 which abolished former grounds for divorce and provided as sole ground for divorce that: (1) the marriage is irretrievably broken, and/or (2) insanity or mental incompetence is constitutional in that it does not impair the obligation of the marriage contract nor adversely affect property rights of the parties? "2. Whether Florida Statute Chapter 61 whic…
On divorce, Ryan v. Ryan speaks to the Florida dispute in this passage: "rida Statutes Chapter 61 which abolished former grounds for divorce and provided as sole ground for divorce that: (1) the marriage is irretrievably broken, and/or (2) insanity or mental incompetence is constitutional in that it does not impair the obligation of the marriage contr" The surrounding opinion shows how the court applied that language to the record.
Sharp v. Hamilton
Sharp v. Hamilton, 520 So. 2d 9 (1988)
…xecuted a mortgage on entireties property. When the parties divorced, the property was awarded to the wife as lump sum alimony. In a suit to foreclose the mortgage, the lower court denied foreclosure and cancelled the mortgage. On appeal the Third District reversed, reasoning that upon dissolution, title to the property became vested in the husband and wife as tenants in common…
Practitioners open Sharp v. Hamilton when Florida divorce turns on the distinction in this sentence: "When the parties divorced, the property was awarded to the wife as lump sum alimony. In a suit to foreclose the mortgage, the lower court denied foreclosure and cancelled the mortgage." Do not lift it out of the facts the court was deciding.
Liberman v. Kelso
Liberman v. Kelso, 354 So. 2d 137 (1978)
…arded to the wife as lump sum alimony when the parties were divorced. In a later suit to foreclose the mortgage, the court held that the mortgagee had a lien on an undivided one-half interest in the property. Referring to a familiar Bible passage, the court reasoned that when the parties were divorced, title to the property became vested in the husband as a tenant in common pur…
Florida opinions such as Liberman v. Kelso are cited where divorce is disputed. The court stated: "In a later suit to foreclose the mortgage, the court held that the mortgagee had a lien on an undivided one-half interest in the property." That is the language to brief; the rest of the decision supplies the procedural posture.
Weintraub v. Weintraub
Weintraub v. Weintraub, 417 So. 2d 629 (1982)
…le contracts which were intended to encourage or facilitate divorce were illegal as contrary to public policy, an antenuptial agreement negotiated in good faith could encourage marital tranquility. Id. at 382-83. Where the antenuptial agreement met the Del Vecchio standards and the divorce was prosecuted in good faith, the agreement would be upheld. Id. at 385. Thus, as of 1970…
Weintraub v. Weintraub is worth reading on Florida divorce because the court put the point in its own words: "Id. at 382-83. Where the antenuptial agreement met the Del Vecchio standards and the divorce was prosecuted in good faith, the agreement would be upheld. Id. at 385." Use that passage as the starting point, then read the facts that precede it.
Gaines v. Sayne
Gaines v. Sayne, 764 So. 2d 578 (2000)
…were married in 1982. In January 1996, Mr. Gaines filed for divorce on the ground the marriage was irretrievably broken. In April 1996, Mrs. Gaines filed an answer and a counterpetition seeking alimony and also affirmatively asserting that the marriage was irretrievably broken. Following a hearing on the matter, the trial court entered final judgment dissolving the marriage on…
Practitioners open Gaines v. Sayne when Florida divorce turns on the distinction in this sentence: "In January 1996, Mr. Gaines filed for divorce on the ground the marriage was irretrievably broken. In April 1996, Mrs. Gaines filed an answer and a counterpetition seeking alimony and also affirmatively asserting that the marriage was irretrievably broken." Do not lift it out of the facts the court was deciding.
Storer v. Storer
Storer v. Storer, 305 So. 2d 212 (1974)
…husband's motion to quash was a copy of a final judgment of divorce dated May 30, 1972, entered by a Wyoming state court on a complaint for divorce brought by the husband. The complaint by the wife for dissolution of marriage was filed May 22, 1972, in Dade County, Florida; it was later amended to include a request for other relief, including alimony and adjudication of propert…
Practitioners open Storer v. Storer when Florida divorce turns on the distinction in this sentence: "May 30, 1972, entered by a Wyoming state court on a complaint for divorce brought by the husband." Do not lift it out of the facts the court was deciding.
Marlowe v. Brown
Marlowe v. Brown, 944 So. 2d 1036 (2006)
…l Bank, N.A. GROSS, J. This consolidated appeal arises from divorce and probate cases involving Catherine Brown and Neuberne Brown, Jr. Neuberne died before the entry of a final judgment of dissolution of marriage. We hold that a "mediation settlement agreement" entered into at the beginning of the divorce case does not control the distribution of property after the husband's d…
Practitioners open Marlowe v. Brown when Florida divorce turns on the distinction in this sentence: "Bank, N.A. GROSS, J. This consolidated appeal arises from divorce and probate cases involving Catherine Brown and Neuberne Brown, Jr. Neuberne died before the entry of a final judgment of dissolution of marriage." Do not lift it out of the facts the court was deciding.
Greenwald v. Blume
Greenwald v. Blume, 312 So. 2d 783 (1975)
…ther and specifically recites the following: "4. SUBSEQUENT DIVORCE. Nothing contained in this Agreement *785 shall be construed to prevent either party from instituting an action for divorce in any competent jurisdiction against the other because of any part or future fault on the other's part, subject to the following: a. This Agreement may be offered in evidence by either pa…
Practitioners open Greenwald v. Blume when Florida divorce turns on the distinction in this sentence: "SUBSEQUENT DIVORCE. Nothing contained in this Agreement *785 shall be construed to prevent either party from instituting an action for divorce in any competent jurisdiction against the other because of any part or future fault on the other's part, subject to the following: a." Do not lift it out of the facts the court was deciding.
Key takeaways
- Residency: At least one party must have resided in Florida for 6 months before filing.
- Grounds: No-fault only: the marriage is irretrievably broken, or a party is mentally incapacitated.
- Property: equitable distribution — Florida is an equitable-distribution state.
- Waiting period: No statewide mandatory cooling-off after filing beyond ordinary case management; simplified dissolution for eligible couples can move quickly after the mandatory financial disclosure period.
- Filing forum: Circuit court in the county where either party resides.
- Primary authority: Fla. Stat. §§ 61.052, 61.075.
Residency and where to file
At least one party must have resided in Florida for 6 months before filing. File in the Circuit court in the county where either party resides. Wrong venue or missing residency can delay service, temporary orders, and the final decree — confirm the county clerk’s checklist before you pay the filing fee.
Grounds for divorce in Florida
No-fault only: the marriage is irretrievably broken, or a party is mentally incapacitated.
Even in no-fault states, fault allegations can still affect temporary support, attorney’s fees, or credibility disputes. Read the live statute text on LawDiver and pair it with the LawDiver search rail scoped to Florida.
Frequently asked questions
How long do I have to live in Florida before filing for divorce?
At least one party must have resided in Florida for 6 months before filing.
Is Florida a community-property state?
Florida follows equitable distribution. Florida is an equitable-distribution state. Marital property is divided fairly based on statutory factors, not necessarily equally; separate property generally remains with the owning spouse if traceable.
Do I need a lawyer to get divorced in Florida?
Florida courts publish self-help packets for simplified dissolution; most contested family cases need counsel.
What happens to child custody in a Florida divorce?
Custody and parenting time are decided under Florida’s best-interests framework. See child custody and parenting time in Florida.
This guide covers Florida law as of 2026. Statutes and local rules change — verify the live text on LawDiver before filing.