Florida

Divorce Law Guide

The facts about divorce in Florida

Divorce, or dissolution of marriage, is the legal process of severing a marriage contract, which is overseen by a court of law in the state in which one or both of the divorcing spouses live. The process for getting a divorce and acceptible grounds for divorce vary from state to state.

In Florida, a divorce can be completed on average in a minimum of 200 days, with court fees of $409.00. The state has divorce residency requirements that require the spouse filing for the divorce to have lived in Florida for a minimum of six months.

On this page, you can learn about Florida's grounds for divorce, how the divorce process works, and about other parts of the divorce process, such as Florida alimony calculation, the property division process and more.

What are the Requirements for Divorce?

For the state of Florida, the divorce law is more straightforward than other states. For residents, a divorce can only be granted on the grounds of the marriage being irretrievably broken or the mental incapacity of one of the spouses. Under Florida Statute S. 744.331, the party believed to be mentally incapacitated must be adjudged as such for at least three years.

Those also wishing to file for divorce must meet the residency requirement of living in the state for six months before filing for divorce.

Must like many other states, to start the process those wishing a divorce must file within their country's court house and provide all the required paperwork. The most important paperwork being the Petition for Dissolution of Marriage and Final Judgment of Dissolution of Marriage.

In state of Florida a number of factors are taken into account when ending a marriage.

1. Florida Grounds for Divorce FAQ

Is Florida a no-fault divorce state?

Florida allows no-fault divorces, which means that a divorce is granted without establishing the fault of either spouse for causing the divorce. Grounds for a no-fault divorce in Florida may be "irreconcilable differences", or similar grounds.

The state of Florida is exclusively a no-fault divorce state, which means that the only grounds for divorce offered on divorce applications are considered no-fault.

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Does Florida allow at-fault divorces?

Florida does not support traditional at-fault grounds for divorce, instead offering blanket divorce grounds that do not require either spouse to be proved to be at-fault when filing for divorce.

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Does the state of Florida allow incompatibility as grounds for divorce?

Yes, Florida does allow incompatibility to be used as grounds for having a divorce.

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Can you get a divorce in Florida for living separate and apart?

In divorce law, "living seperate and apart" refers to married spouses who are living separate from each other, not engaging in a traditional marital relationship, and do not intend to repair the marriage.

Florida does not allow a divorce to be granted solely on the grounds of living seperate and apart from your spouse. You must instead file for divorce under one of Florida's accepted grounds for divorce.

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2. Florida Divorce Process FAQ

Does state of Florida allow legal separation?

Legal separation (otherwise known as "judicial separation") is a legal process that enables spouses to be de facto separated while remaining legally married.

In some cases, Florida will grant a judicial separation court order to a married couple who wishes to live separately. This order may settle issues generally handled in a divorce such as property division and alimony. A legal separation may be followed up by a full divorce, or the spouses may later reconcile and end the separation while remaining legally married.

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What's the difference between a divorce and an annulment in Florida?

While a divorce is the process of exiting a legally valid marriage, an annulment is the process of rendering a marriage null and void. An annulment makes it legally as if a marriage never took place to begin with.

Generally, annulment is used to conclude a marriage that should not have been legally recognized in the first place, such as a marriage where one of the spouses was unable to consent (by virtue of being underage, due to mental incapacity, or even intoxication), a marriage that was entered into under duress or via fraudulent means, or when one of the spouses was already legally married.

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How long do I have to live in in the state of Florida to get a divorce?

The state of Florida requires that spouses suing for divorce to have lived in the state for a minimum of six months prior to filing divorce papers. Otherwise, Florida courts are not considered to have jurisdiction over the divorce case.

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What is the filing fee for a divorce in Florida?

The court fees for filing the paperwork for a basic divorce in a Florida court is $409.00. However, the total costs for a divorce can be much higher - especially in the case of a contested divorce, where attorney fees and mediation costs average from $15,000 to $20,000 or more.

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How long does it take to get a divorce in Florida?

If the process moves along without holdups, the paperwork for a divorce in Florida can be processed in a minimum of 200 days. However, if the spouses are not in agreement about the divorce process, a contested divorce can take significantly longer.

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3. Florida General Divorce FAQ

Can my spouse stop me from getting a divorce?

Even if one spouse is opposed to getting a divorce, they cannot stop their partner from filing for and receiving a divorce in Florida. While filing a non-contested joint petition for divorce speeds up the process, either spouse can file for divorce individually at any time.