Filing for Divorce in Florida

One of the parties to the marriage must reside in Florida for 6 months immediately before filing the petition for dissolution of marriage (Fla. Stat. § 61.021). Residency must be proven, not just alleged: acceptable proof is a valid Florida driver's license, Florida ID card, or voter registration card issued to one of the parties at least 6 months before filing; the in-court testimony of a third-party witness who can confirm the 6-month residency; or a sworn Affidavit of Corroborating Witness (Florida Family Law Rules of Procedure Form 12.902(i)), which may be signed before the clerk of court or a notary public.

Fla. Stat. § 61.021

Source: flsenate.gov

Florida does not impose a separate statutory waiting period between filing and entry of a final judgment (unlike the pre-filing 6-month residency requirement, which is a different thing). The practical floor on timing comes from procedure, not a chapter 61 statute: after being served, the respondent has 20 days to file an answer or counterpetition before the petitioner may seek a Motion for Default under Rule 12.080(c), Florida Family Law Rules of Procedure; and in any case involving minor children, final judgment cannot be entered until both parties complete the Parent Education and Family Stabilization Course, which the petitioner must finish within 45 days of filing and other parties within 45 days of service (Fla. Stat. § 61.21). A wholly uncontested case with no minor children can, in practice, conclude in as little as a few weeks once a final hearing date is available, subject to local circuit scheduling.

No dedicated post-filing waiting-period statute; see Fla. Stat. § 61.21 (45-day parenting course deadline) and Rule 12.080(c), Florida Family Law Rules of Procedure (20-day default)

Source: flsenate.gov

$295 (Fla. Stat. § 28.241 sets a circuit court filing fee of up to $295 for civil actions under chapter 61, which governs dissolution of marriage, for cases with up to five parties; the statute also authorizes a $4 additional filing fee and per-party surcharges beyond five defendants/respondents, so the total collected by a given clerk's office may run slightly above $295).

Source: flsenate.gov

Florida Family Law Rules of Procedure Form 12.901 series, confirmed current as of this verification date directly from flcourts.gov: Form 12.901(a), 'Joint Petition for Simplified Dissolution of Marriage' (revised 06/2025); Form 12.901(b)(1), 'Petition for Dissolution of Marriage with Dependent or Minor Child(ren)' (revised 02/2018); Form 12.901(b)(2), 'Petition for Dissolution of Marriage with Property but No Dependent or Minor Child(ren)' (revised 02/2018); Form 12.901(b)(3), 'Petition for Dissolution of Marriage with No Dependent or Minor Child(ren) or Property' (revised 02/2018).

Source: flcourts.gov

Application for Determination of Civil Indigent Status, authorized under Fla. Stat. § 57.081-57.082. This is a statewide clerk's-office form (not part of the numbered 12.900 Family Law Forms series) that a petitioner files with the dissolution petition; the clerk determines eligibility under § 57.082, and an applicant denied indigent status may ask for review by a judge at no charge.

Source: flcourts-media.flcourts.gov

Florida operates a mandatory statewide e-filing system under Florida Rule of Judicial Administration 2.525, implemented through the Florida Courts E-Filing Portal (myflcourtaccess.com). Confirmed directly from the Florida Family Law Rules of Procedure 'General Information for Self-Represented Litigants': attorneys and represented parties must generally e-file, but self-represented/pro se litigants 'may file a petition or other pleadings, motions, and documents electronically; however, they are not required to do so' and may instead file on paper with the clerk. A pro se litigant who elects to e-file must follow Rule 2.525 and their circuit's local procedures.

Source: flcourts-media.flcourts.gov

How property is divided

Equitable distribution, not community property. Under Fla. Stat. § 61.075, the court begins with the premise that marital assets and liabilities should be distributed equally between the spouses, then may order an unequal distribution based on statutory factors including each spouse's contribution to the marriage (including as homemaker and to the other's career or education), the economic circumstances of the parties, the duration of the marriage, any interruption of personal careers or educational opportunities, intentional dissipation or waste of marital assets, and any other factor necessary to do equity and justice between the parties.

Source: flsenate.gov

Serving the other spouse

The original petition must be personally served on the respondent by a deputy sheriff or private process server; constructive service (publication) is permitted only when the other party's residence is genuinely unknown, and relief obtained through constructive service cannot include alimony or child support. After the initial service of the petition, all subsequent required documents must generally be served electronically (e-mail) under Florida Rule of Judicial Administration 2.516, except that self-represented litigants may elect to serve and receive documents by e-mail but are not required to do so. The respondent has 20 days after service to file an answer or counterpetition; if none is filed, the petitioner may file a Motion for Default (Form 12.922(a)) under Rule 12.080(c), Florida Family Law Rules of Procedure, and proceed to a final hearing without the respondent's cooperation.

Source: flcourts-media.flcourts.gov

Spousal support

Florida eliminated permanent alimony for cases filed on or after July 1, 2023. Confirmed from the current text of Fla. Stat. § 61.08(1)(a): a court 'may grant alimony to either party in the form or forms of temporary, bridge-the-gap, rehabilitative, or durational alimony, as is equitable', permanent alimony is no longer listed as an available form. Bridge-the-gap alimony is capped at 2 years and cannot be modified in amount; rehabilitative alimony is capped at 5 years and requires a specific self-support plan; durational alimony provides support for a set period tied to the length of the marriage and is generally capped at the length of the marriage itself except in limited circumstances.

Source: flsenate.gov

Child support guideline

Florida uses an Income Shares model. Under Fla. Stat. § 61.30, each parent's net monthly income is added together to produce a combined net income figure; each parent's percentage share of that combined income is calculated; and each parent's dollar share of the statutory minimum child support need is determined by applying that percentage to the total guideline obligation.

Source: flsenate.gov

Parenting class requirement

Not confirmed either way from a primary source.

In any dissolution of marriage proceeding involving minor children (and in paternity actions involving parental responsibility), Fla. Stat. § 61.21 requires both parties to complete the Parent Education and Family Stabilization Course, a minimum 4-hour class covering the legal, financial, and emotional aspects of divorce on children, before entry of the final judgment. The petitioner must complete it within 45 days of filing the petition; other parties must complete it within 45 days of service. The court may excuse a party from the course, or from the 45-day deadline, for good cause; failure to comply can result in contempt or can be a factor against a party in shared parental responsibility and time-sharing determinations.

Source: flsenate.gov