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
- Determine type: Simplified Dissolution (no children, agreement) or Regular Dissolution
- Complete forms: Petition for Dissolution of Marriage and related documents
- File with Circuit Court: Submit to clerk in county where either spouse lives
- Pay filing fee: Approximately $400-$410
- Serve your spouse: Personal service or service by mail (if spouse waives)
- Wait for response: Spouse has 20 days to respond
- Financial disclosures: Both parties must file financial affidavits
- Parenting course: Required if children involved
- 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
Free & Low-Cost Legal Help in Florida
Florida Legal Aid Organizations
Florida Legal Services
Statewide hotline: (888) 960-1720
floridalegal.org
Legal Aid Service of Broward County
(954) 765-8950
legalaid.org
Legal Services of Greater Miami
(305) 576-0080
lsgmi.org
Community Legal Services of Mid-Florida
(407) 841-7777
clsmf.org
Bay Area Legal Services (Tampa)
(813) 232-1343
bfrls.org
Jacksonville Area Legal Aid
(904) 356-8371
jaxlegalaid.org
Statewide Resources
Florida Courts Self-Help Center
Free approved forms and instructions
flcourts.org/self-help
Florida Bar Lawyer Referral Service
(800) 342-8011
$25 for 30-minute consultation
FloridaLawHelp.org
Find legal aid and self-help resources
floridalawyershelp.org
Law School Clinics
- University of Miami School of Law - Family Law Clinic
- Florida State University College of Law - Family Law Clinic
- University of Florida Levin College of Law - Family Law Clinic
- Nova Southeastern University - Family Law Clinic
Domestic Violence Resources
Florida Domestic Violence Hotline: 1-800-500-1119
Florida Coalition Against Domestic Violence: fcadv.org
Income Guidelines
Most legal aid programs serve those with income below 125-200% of federal poverty level. A family of 4 typically qualifies with income under $60,000-$75,000/year.
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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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.