If you are asking how to modify a divorce decree in Florida, the short answer is that a final judgment of dissolution is not frozen forever. Florida law lets either party ask the court to change specific parts of the judgment later, as long as you can show the legal standard for that particular issue.
Quick Answer: To modify a Florida divorce decree, you file a Supplemental Petition for Modification in the circuit court that entered your final judgment: Form 12.905(a) for parental responsibility, parenting plan, or timesharing; Form 12.905(b) for child support; or Form 12.905(c) for alimony. Each requires showing a change in circumstances, though the exact standard differs by issue.
When Can You Modify a Florida Divorce Decree?
A Florida final judgment can be reopened for modification, but only for the specific issues Florida law treats as modifiable, and only in the circuit court that entered the original order. Property division in a final judgment is generally not modifiable once entered. Parental responsibility, timesharing, child support, and most forms of alimony can be, if you meet the standard for that issue.
Florida publishes three separate Supplemental Petition forms depending on what you are asking the court to change:
| Form | Used For |
|---|---|
| Form 12.905(a) | Parental responsibility, visitation, or a parenting plan/timesharing schedule |
| Form 12.905(b) | Child support |
| Form 12.905(c) | Alimony |
You file the petition in the county where your original order or judgment was entered. If the order was entered in another state, or the other party or child now lives elsewhere, the instructions for these forms note that filing location can require legal advice.
What's Required to Show a Substantial Change in Circumstances?
The standard is not identical across issues, and Florida is specific about the difference.
For child support, Fla. Stat. 61.13(1)(a)2 gives the court continuing jurisdiction to modify the amount and terms of a support order when the modification is found to be in the best interests of the child, or when there is a substantial change in the circumstances of the parties, among other listed events.
For parental responsibility, a parenting plan, or a timesharing schedule, the bar is higher. The official instructions for Form 12.905(a) state that a determination of parental responsibility, a parenting plan, and a timesharing schedule may not be modified without a showing of a substantial, material, and unanticipated change in circumstances, and a separate determination that the modification is in the best interests of the child.
For alimony, Fla. Stat. 61.14 allows either party to apply to the circuit court for an order increasing or decreasing support when the circumstances or the financial ability of either party changes, and gives the court jurisdiction to make orders as equity requires, with due regard to the changed circumstances or financial ability of the parties.
Not every form of alimony can be modified the same way. Lump sum alimony and bridge the gap alimony cannot be modified in amount or duration once ordered. Durational alimony amounts can be modified for a substantial change in circumstances, but the length of the award can only be extended under exceptional circumstances, supported by clear and convincing evidence tied to specific factors.
For a full breakdown of Florida's current alimony rules under the 2023 reform, see our Florida alimony guide.
How Do You File a Modification Petition?
The filing steps are similar across all three Supplemental Petition forms:
- Type or print the petition in black ink, and sign it before a notary public or deputy clerk.
- File it in the county where your original order was entered, with the clerk of the circuit court, and keep a copy for your records.
- Serve the other party. For an alimony modification, the instructions call for personal service. Once served, the other party generally has 20 days to answer.
- Your case proceeds one of three ways: default (if no answer is filed), uncontested (if the other party agrees or does not dispute the petition), or contested (if the other party files an answer disputing the requested change).
- Set a final hearing once mandatory disclosure and any required paperwork are complete. Some circuits require mediation first in a contested case.
What Can and Can't Be Modified (Support, Custody, Alimony)
Child support can be modified for a substantial change in the parties' circumstances that serves the child's best interests, such as a significant change in either parent's income or a change in the child's needs.
Parental responsibility, parenting plans, and timesharing can be modified only for a substantial, material, and unanticipated change in circumstances, combined with a finding that the change serves the child's best interests. This is a higher bar than the child support standard, by design.
Alimony can generally be modified for temporary, durational, and rehabilitative awards, based on a substantial change in circumstances or financial ability. Bridge the gap alimony and lump sum alimony are the exceptions and are not modifiable once ordered.
Property division from the original final judgment is generally not something a Supplemental Petition for Modification reopens. If you believe your original judgment was based on fraud, mistake, or another basis for setting aside a judgment, that is a different kind of legal proceeding, not an ordinary modification, and is worth discussing with a Florida family law attorney.
Frequently Asked Questions
How to modify a divorce decree in Florida?
You file a Supplemental Petition for Modification in the same circuit court that entered your original final judgment. Which form you use depends on what you're changing: Form 12.905(a) for parental responsibility, timesharing, or a parenting plan; Form 12.905(b) for child support; or Form 12.905(c) for alimony. You then have to serve the other party and show the court has grounds to change the order.
What counts as a substantial change in circumstances in Florida?
It depends on what you're modifying. For child support, Fla. Stat. 61.13(1)(a) lets the court modify when there is a substantial change in the circumstances of the parties and the change serves the child's best interests. For a parenting plan or timesharing schedule, Form 12.905(a) states the standard as a substantial, material, and unanticipated change in circumstances, plus a finding that modification is in the child's best interests. For alimony, Fla. Stat. 61.14 requires a substantial change in circumstances or financial ability.
Can you modify alimony in Florida?
Temporary, durational, and rehabilitative alimony can generally be modified for a substantial change in circumstances under Fla. Stat. 61.14. Bridge the gap alimony cannot be modified in amount or duration once awarded. For durational alimony, the amount can be modified, but the length of the award can only be changed under exceptional circumstances.
Can you modify child custody or timesharing in Florida?
Yes, but the standard is higher than for support. Under Form 12.905(a), a court cannot change parental responsibility, a parenting plan, or a timesharing schedule without a showing of a substantial, material, and unanticipated change in circumstances, and a separate finding that the modification serves the child's best interests.
How long does a divorce decree modification take in Florida?
It depends on whether the case is contested. If the other party does not answer within 20 days of being served, you can move for a default and request a final hearing. If both sides agree, you can generally set an uncontested final hearing once mandatory disclosure and required paperwork are complete. A contested modification, where the parties disagree, takes longer and may involve mediation before a final hearing is set.
Do you need a lawyer to modify a divorce decree in Florida?
Not necessarily. Many uncontested modifications, where both parties agree on the change, can be self-prepared and filed. If the other party disputes the requested change, or if the case involves complex custody, support, or property issues, a licensed Florida family law attorney can advise you on strategy in a way a document preparation service cannot.
What form do you use to modify child support in Florida?
You use Form 12.905(b), Supplemental Petition for Modification of Child Support. The court can change a child support order if the judge finds a substantial change in the circumstances of the parties and the change is in the child's best interests.
How Virdix Helps
Virdix helps you prepare Florida uncontested divorce paperwork from the questions you answer, keeping your case consistent from petition to final judgment. See Divorce in Florida on Virdix for what Virdix covers in Florida today.
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This article is for informational purposes only and does not constitute legal advice. Virdix is a document preparation service, not a law firm, and does not provide legal advice. Forms and procedures can change; always confirm current information with the Florida Courts or your circuit court clerk. For advice about your specific situation, consult a licensed Florida attorney.
Sources: Florida Courts (flcourts.gov), Instructions for Florida Supreme Court Approved Family Law Forms 12.905(a), 12.905(b), and 12.905(c), Chapter 61, Florida Statutes (leg.state.fl.us)