FL
State Guide Florida

Family Law Resources

Filing procedures, court locations, costs, deadlines, and free legal aid for family law matters in Florida.

How to File for Divorce in Florida

Filing for Divorce in Florida



Residency Requirements


At least one spouse must have been a resident of Florida for 6 months before filing. Residency can be proven by driver's license, voter registration, or affidavit.



Step-by-Step Process



  1. Determine type: Simplified Dissolution (no children, agreement) or Regular Dissolution

  2. Complete forms: Petition for Dissolution of Marriage and related documents

  3. File with Circuit Court: Submit to clerk in county where either spouse lives

  4. Pay filing fee: Approximately $400-$410

  5. Serve your spouse: Personal service or service by mail (if spouse waives)

  6. Wait for response: Spouse has 20 days to respond

  7. Financial disclosures: Both parties must file financial affidavits

  8. Parenting course: Required if children involved

  9. Final hearing: Attend hearing and submit final judgment



Grounds for Divorce


Florida is a pure no-fault divorce state. The only ground is that the marriage is "irretrievably broken."

Florida Circuit Courts: Find Your Family Court

Florida Court Structure


Family law cases in Florida are heard in Circuit Court. Florida has 67 counties organized into 20 judicial circuits. Each circuit has a family law division.



Major County Courts



Miami-Dade County (11th Circuit)

Lawson E. Thomas Courthouse

175 NW 1st Avenue, Miami, FL 33128

(305) 349-7001



Broward County (17th Circuit)

Broward County Courthouse

201 SE 6th Street, Fort Lauderdale, FL 33301

(954) 831-7740



Palm Beach County (15th Circuit)

Palm Beach County Courthouse

205 North Dixie Highway, West Palm Beach, FL 33401

(561) 355-2996



Hillsborough County (13th Circuit - Tampa)

George E. Edgecomb Courthouse

800 E. Twiggs Street, Tampa, FL 33602

(813) 276-8100



Orange County (9th Circuit - Orlando)

Orange County Courthouse

425 N. Orange Avenue, Orlando, FL 32801

(407) 836-2000



Duval County (4th Circuit - Jacksonville)

Duval County Courthouse

501 W. Adams Street, Jacksonville, FL 32202

(904) 255-2000



Find Your Court


Florida Courts directory: flcourts.org



E-Filing


Florida requires electronic filing through the Florida Courts E-Filing Portal: myflcourtaccess.com


E-filing is mandatory for attorneys and available for self-represented parties.



Family Law Self-Help


Most Florida courts have Self-Help Centers with:



  • Free forms (Florida Supreme Court Approved Forms)

  • Instructions and videos

  • Referrals to legal aid


Florida Courts Self-Help: flcourts.org/self-help

Florida Family Court Filing Fees

Filing Fees in Florida



Current Fee Schedule (2025)



  • Petition for Dissolution: $400-$410

  • Simplified Dissolution: $400-$410

  • Answer/Counter-Petition: $295-$310

  • Motion to Modify: $50-$75

  • Paternity/Child Support: $300-$310



Civil Indigent Status


If you cannot afford fees, you can apply for Civil Indigent Status using the Application for Determination of Civil Indigent Status. You may qualify if:



  • You receive public assistance (TANF, SSI, Medicaid)

  • Your income is less than or equal to 200% of federal poverty guidelines



Other Costs



  • Process server: $40-$100

  • Parent education course: $25-$50

  • Mediation: Court-ordered often low-cost; private $200-$400/hour

Florida Family Court Deadlines

Critical Deadlines in Florida



Response Time


If served with divorce papers, you have 20 days to file a response. If served outside Florida, you have 40 days.



No Mandatory Waiting Period


Florida has no mandatory waiting period for standard divorces. However, Simplified Dissolution cases can be finalized in as little as 30 days.



Financial Affidavit


Both parties must file a Financial Affidavit within 45 days of service of the initial petition.



Parenting Course


If you have minor children, both parents must complete an approved Parent Education and Family Stabilization Course before final judgment.



Appeals


You have 30 days from rendition of the judgment to file a Notice of Appeal.



Modifications


You can file to modify custody/time-sharing when there is a substantial, material, and unanticipated change in circumstances.

Florida-Specific Family Law Requirements & Procedures

No "Custody" or "Visitation" Terminology


Florida eliminated the terms "custody" and "visitation" in 2008. Instead:



  • Parental Responsibility replaces "legal custody"

  • Time-Sharing replaces "physical custody" and "visitation"

  • Parenting Plan replaces "custody order"


This wasn't just semantics - it was meant to reduce conflict by emphasizing both parents' roles.



Equitable Distribution (Not Community Property)


Florida is an equitable distribution state:



  • Marital property is divided "equitably" (fairly), not necessarily 50/50

  • The starting point is equal, but courts consider many factors

  • Non-marital property (owned before marriage, gifts, inheritance) stays with that spouse

  • Courts consider each spouse's contributions, including homemaking



Mandatory Parenting Course


Florida requires ALL divorcing parents to complete a Parent Education and Family Stabilization Course:



  • 4-hour course (can be done online)

  • Costs $20-50

  • Must be completed before the divorce is finalized

  • Certificate must be filed with the court



Alimony Reform (2023)


Florida reformed alimony laws in 2023:



  • No permanent alimony for divorces after July 1, 2023

  • Durational alimony based on length of marriage

  • Marriages under 10 years: Up to 50% of marriage length

  • 10-20 years: Up to 60% of marriage length

  • 20+ years: Up to 75% of marriage length

  • Alimony ends at retirement age



No Waiting Period


Unlike most states, Florida has no mandatory waiting period. A simple uncontested divorce can be finalized in as little as 30 days.



Simplified Dissolution


Florida offers a faster "simplified dissolution" if:



  • No minor or dependent children

  • Wife is not pregnant

  • Both agree the marriage is irretrievably broken

  • You've agreed on property division

  • Neither party seeks alimony

  • Both parties waive right to appeal



Time-Sharing Calculation


Florida courts carefully calculate overnights per year because it directly affects child support. The minimum for a child support adjustment is 73 overnights (20%).



Grandparent Rights


Florida has limited grandparent visitation rights. Grandparents can only petition if:



  • Both parents are deceased, missing, or in a persistent vegetative state

  • One parent is deceased and the other has been convicted of a felony or violent offense


This is more restrictive than many other states.



Relocation Statute


Florida has strict relocation rules. Moving more than 50 miles requires either:



  • Written consent from the other parent

  • Court approval after a relocation petition


The burden is on the relocating parent to prove the move is in the child's best interest.

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Disclaimer

This information is provided for educational purposes only and does not constitute legal advice. Laws change frequently. Consult with a licensed attorney for advice specific to your situation.