Going through a divorce is not easy. It is emotional, exhausting and confusing, especially if you have no idea what the law says about your money, your kids, or your home. If you are a Florida resident who is trying to understand the workings of divorce here in Florida, you are in the right place.
Let’s put out of our track some legal information and let’s talk about this. Here are few important information regarding Florida divorce laws that will give you an idea of where Florida is right now:
- Florida sees approximately 80,000 divorces filed every year, one of the highest in the entire country
- The average cost of a contested divorce in Florida with children is $20,300. Contested divorce starts as low as $2,500.
- The mandatory waiting period following filing is only 20 days — most divorces take 3 to 12 months or longer depending upon the complexity of the divorce.
As of 2026, there is no longer a permanent alimony in the state of Florida. A major law change, under Section 61.08, now limits all alimony to specific types, which are based on time.
Florida is a no-fault divorce state. That means that you do not have to prove your spouse cheated on you or did anything wrong. You merely tell the court the marriage is “irretrievably broken”, and that’s all.
Whether you are just starting on thinking about filing, whether you are in the process or to protect your finances, this guide takes you through every important piece of Florida divorce laws, step by step.
How to Get a Divorce in Florida: Basic Steps
The legal term for the process of divorce in Florida is dissolution of marriage. In layman’s terms here is how the process work is as follows:
1. Meet the residency requirement
At least one spouse must have resided in Florida for at least six months before applying for a divorce.
2. Choose your type of divorce
There are three different types of divorces in Florida, Simplified Dissolution (no kids, no alimony, complete agreement), Uncontested Divorce (both spouses agree on everything) or Contested Divorce (can’t agree, a judge makes the decision).
3. File a Petition for Dissolution of Marriage
At the Circuit Court for your County. Filing fees are between approximately $408 to $420 depending on your area of residency.
4. Serve your spouse
Your spouse needs to be officially notified. A process server or sheriff normally does this for $40 to $75.
5. Exchange financial disclosures
Both spouses must disclose full financial records: bank statements, pay stubs, tax returns and expense records. This is required by Florida Rule 12.285.
6. Attend mediation is contested
Florida courts order mediation before going to trial in most contested cases. The court sponsored mediation costs $60 to $120 per session per person.
7. Wait 20 days
Florida divorce law mandates a mandatory 20-day waiting period after the filing of a divorce before the divorce may be finalized.
8. Final hearing and judgment
Judge signs the Final Judgment of Dissolution of Marriage. You are officially divorced.
Tip: free official forms and step-by-step instructions are available to people filing without the assistance of an attorney from Florida Courts Self-Help Center at help.flcourts.org.
Florida Divorce Laws on Property Division
What Does It Mean to Have Equitable Distribution?
Florida uses a rule known as equitable distribution to divide marital property. Equitable does not mean equal, it means fair. Courts begin with the notion of a 50/50 split but will change depending on the facts of your individual case.
Marital Property Only The marital property is the one that gets divided. Property which you owned before the marriage, or which was a gift or inheritance brought into the marriage, is normally yours alone. That is referred to as non-marital or separate property.
A Simple Example:
Or say you owned a condo prior to getting married. That condo stays yours. But a house you and your spouse bought together with the marriage is marital property and gets divided. Even a retirement account in your name alone, if you contributed to the account during the marriage, has a portion of it that is marital that is subject to division.
Who Gets The House in a Florida Divorce?
This is one of the most frequently asked questions, and the honest answer to it is: it depends. According to courts they look at a number of things:
- Which parent has primary time-sharing with the children, That parent may be allowed to stay in the home temporarily
- Whether either spouse can afford the mortgage payments by himself or herself
- Whether one spouse would like to purchase out the other spouse’s equity share
- Overall financial picture of both parties
If both spouses cannot afford the house on their own, the court can order the house to be sold and the proceeds divided. In 2026 and with mortgage rates still high statewide in Florida, many divorcing couples are opting to sell instead of fighting to see who gets to stay.
What Is a Wife Entitled to in a Divorce in Florida?
Important Legal Fact
Florida Divorce Laws does not provide wives with any special entitlements over husbands, or vice versa. The law is also applied equally to both spouses regardless of gender.
Possible Entitlements
Here is what either spouse, including a wife, can be entitled to in a Florida divorce laws:
- A fair share of all marital assets, real estate, retirement accounts, savings, investments, vehicles and business interests that have been built for the marriage
- Alimony or spousal support if there is the effect of a demonstrated financial need and ability to pay on the part of the other spouse
- TThe firm suggests, “a fair share of all marital debts, not just assets”
- Child support and time sharing schedule of any minor children
- Potentially attorney’s fees paid by the higher earning spouse, in the event there is a large disparity in income, pursuant to Florida Statute 61.16
What Courts Consider
- How long the marriage lasted
- What each spouse contributed, including raising the children or supporting the other’s career
- The current and future earning potential for both spouses
- Whether or not one spouse left the workforce for the family
- The standard of living that the couple had during the marriage
Florida Divorce Laws on Alimony
Alimony, also known as spousal support, is money that one spouse pays the other in the event of divorce, to help them remain financially stable. Not all divorces have alimony. The first question the court asks is this: Does one spouse have a real financial need? And can the other spouse actually afford to pay?
Here is the biggest update for 2026, permanent alimony is out of the picture entirely. Florida Divorce Laws changed in July, 2023 under Section 61.08 and now prohibits the calculation of lifetime alimony in any case filed or pending after that time. All alimony is now required to have an end date. This is still actively changing the way that judges decide cases in Florida courts right now.
Marriage Length and Maximum Alimony Duration — 2026
| Marriage Length | Category | Max Durational Alimony |
| Under 10 years | Short-term marriage | Up to 50% of the marriage length |
| 10 to 20 years | Moderate-term marriage | Up to 60% of the marriage length |
| Over 20 years | Long-term marriage | Up to 75% of the marriage length |
Types of Alimony in Florida (2026)
| Type | What It Is | Duration |
| Temporary | Support paid during the divorce process | Until divorce is finalized |
| Bridge-the-Gap | Helps cover immediate needs right after divorce | Maximum 2 years |
| Rehabilitative | Helps a spouse get training or education to become self-sufficient | Based on a specific written plan |
| Durational | Regular payments for a defined period | Tied to length of marriage (see table) |
Also important: for divorces finalized after December 31, 2018, alimony is no longer tax-deductible to the person paying it, and not taxable income to the person receiving it. This still applies in 2026.
Florida Divorce Laws on Child Custody
Overview
Florida does not use the word custody anymore. Instead, it uses time-sharing. This reflects a larger shift in the way the courts are thinking: both parents tend to remain a part of a child’s life after divorce.
There are two parts to the parenting picture in Florida:
- Parents are included in any decisions about their child’s health, education and overall welfare. Courts are very much in favor of shared parental responsibility, both parents make the decisions together, unless it would be detrimental to the child.
- Time-Sharing Where and when does the child physically live? This is laid out in a formal Parenting Plan which is submitted by both parents and must be approved by the court.
What Courts Focus On
In all child custody rulings, Florida courts ask one fundamental question: What is in the best interests of this child?
Factors that the Courts Consider (Florida Statute 61.13)
- Ethnicity and economic status:, each parent’s ability to provide a stable, loving home environment
- Support: How well each parent supports the child’s relationship with the other parent
- Children’s details: The child’s current school, home, and community routine
- Parenting Time, a court decision”s requirement for the parents to calculate: ”the amount of time during which each parent is present for the child
- Volunteer as a parent: “having input into your child’s own preferences particularly in the case of older or teenage children”
- Domestic violence or abuse: “any history of domestic violence, abuse, or problems with substance”.
- Copies of the following: The mental and physical health of each parent
Where safe and practical, courts in Florida Divorce Laws continue to advocate equal time-sharing or near-equal in nature. A 50/50 parity with a child is more popular than ever. But it is never automatic, the court always decides on what is best for that particular child.
Adultery and Divorce in Florida: What Does It Mean?
Here is something that astonishes many people: Florida is a no-fault state, which means that cheating in and of itself does not alter whether a divorce is granted or what either spouse receives.
You did not have to prove adultery to file divorce. The court will not punish a cheating spouse by giving him/her less property or more debt. But this does not mean that it is 100% irrelevant.
What it Impacts
- Alimony: If the cheating spouse used marital money for the affair, hotels, gifts, trips, the court may consider this dissipation of marital assets. This can alter the division of property or have an impact on alimony amounts.
- Child time-sharing: If the affair involved exposing children to a situation that was inappropriate for them or brought harm to the children’s wellbeing, then a judge can consider this in the time-sharing schedule.
Also, your prenup includes an infidelity clause, adultery can cause specific financial consequences written into this contract.
Bottom line: adultery is not a Florida divorce court nuclear weapon. But marital money spent on it, and whatever impact on the children, absolutely matters.
Florida Divorce Laws for Military Families
Divorcing when one or both spouses are active duty military brings added reality to the mix. Florida has a large military population and the courts deal with military divorces on a regular basis, but there are specific federal and state rules that apply.
Key Considerations
- Residency: A member of the military may file for divorce while stationed here in Florida, even if he or she is not a permanent Florida resident.
- SCRA Protection: Under the Servicemembers Civil Relief Act an active duty member can request a delay (called a stay) in the proceedings of a divorce, if his or her military duties prevent their participation. This protects them from being Florida Divorce Laws by default without being deployed.
- Military Pensions: A military pension during the marriage is a marital asset in Florida. It can be divided by means of a Qualified Domestic Relations Order (QDRO). Under the federal Uniformed Services Former Spouses Protection Act (USFSPA), DFAS will only be able to pay a former spouse his or her share directly if the couple was married for at least 10 years that overlapped with 10 years of military service (the 10/10 rule).
- BAH and Allowances: Basic Allowance for Housing and other military benefits can be counted as income when calculating child support and alimony.
For example, the following would be considered:, TRICARE Health Coverage: Under the 20/20/20 rule, a former military spouse may be entitled to full TRICARE health coverage if the marriage lasted 20 years, the service member served 20 years and those 20 years overlap.
Free Help: The Florida Bar Military Assistance Program and others, such as Legal Assistance for Military Personnel (LAMP), offer free legal assistance to service members going through divorce in Florida.
Florida Divorce Laws on Separation
- Short and important: No legal separation in Florida. Unlike many other states, there is no legal process of divorce to get legally separated. You are either married or divorced, there is no in-between status that has allowed people legal rights.
- Couples who wish to live separately can sign a Postnuptial Agreement: for the purpose of spelling out financial arrangements throughout that period. But just living in separate homes, even for years, establishes no legal status or rights under the Florida law. If you want to be protected by law, you have to file for divorce.
How to get a Florida Divorce Laws Free
Divorce need not cost thousands of dollars. Here are some real, practical ways of bringing the cost way down:
1. Apply for a Fee Waiver
If your income at home is 125% or less of the federal poverty level, then you can file an Application for Determination of Civil Indigent Status with the Clerk of Court. If it is approved, the court waives all filing fees, that’s $408 to $420 you don’t have to pay.
2. Use Free Form
There are two kinds of official court forms. Florida Courts offers all forms for divorce for free at help.flcourts.org. For a basic uncontested case where there are no children, and no disputes many people do it all themselves. Your total cost: only the filing cost.
3. Online Divorce Services
Platforms such as Hello Divorce and Divorce.com make your paperwork for $150 to $500. These are not lawyers, but in the case of clean, simple cases, save you thousands. Divorce.com’s full service option is $999 plus filing fees, still a fraction of what a traditional attorney retainer charges.
4. Legal Aid Offices
Every major Florida area has a Legal Aid office with facilities for free help to low income residents involved in contested cases. Bay Area Legal Services is a Tampa Attorneys. Legal Aid Service of Broward County covers the Fort Lauderdale area. Three Rivers Legal Services serves North Florida. Search at floridabar.org for your local office.
5. Request Attorney’s Fees From Your Spouse
If your spouse makes considerably more than you, request the court to order your spouse to pay your legal fees. Under Florida Statute 61.16, judges do this on a regular basis where there is a significant disparity of income between the parties.
What Can Be Used Against You in a Florida Divorce Laws?
No-fault does not mean that there are no consequences. Here is what is specifically what can hurt your case seriously:
- Hiding or wasting marital assets: Moving money, running up debt or giving away property during divorce proceedings is called dissipation of marital assets. Courts punish this in the divide of property.
- Talk and Text, Says one judge: “Text messages and emails: Anything written can show up in court, messages to a new partner, emails about finances, anything.” Judges read it all.
- Social media posts, posting vacation photos or big purchases but claiming you are hard up financially, will destroy your credibility with a judge
- Criminal history and substance abuse: A DUI, a drug conviction, or a documented substance problem has a direct effect on your time sharing case.At the very least, it’s important that children are considered a factor during divorce and that domestic violence is taken into account.
- Violating temporary court orders: Ignore a financial or custody order during the divorce process and the judge will take notice, and not in your favor.
Why Moving Out Can Be a Mistake in Divorce
A lot of people have this attitude like: things are bad at home, so I’m gonna move out and fix the house later. This can be one of the most costly errors you commit in a Florida divorce laws.
Why It Matters
Leaving the Family Law Lawyers in Indiana home can be considered giving up your interest in the house. If your spouse wants to stay, pay the mortgage, and raise the kids, a judge may rule he should keep it, and give you less overall.
- It affects your custody position: If you move out and leave the children you are allowing your spouse to establish the primary caregiver role. Existing stability and routine are appreciated by courts. Walking away first may make it much harder to get back to a 50/50 time-sharing schedule.
- Moving Out Doesn’t Cancel Out Your Financial Obligation to the Marriage Home: You could be paying for the new place at rent AND the old mortgage half at the same time.
What to do instead: Speak with a Florida family law attorney before you move to make any major move. If there is domestic violence or there is actual danger, then your safety comes first, always. But, if the issue is conflict and tension rather than danger, remaining in the home, legally, protects your position during the divorce process.
Conclusion
Divorce is never easy. But knowledge of the law makes it less scary-as well as less expensive.
Florida Divorce Laws has developed a more organized and predictable system for divorces in recent years. Alimony has now been limited and calculated by formula. Parenting decisions are focused on the child, not the parents. Property is divided fairly, not always 50/50, but always by consideration of what each spouse brought to the marriage.
Here are the really important things to take away:
Florida is a no fault state, you don’t even need to have some reason besides the marriage being broken.
Have you experienced a Florida divorce or are you just beginning to determine what your next step is? Drop your thoughts or questions in the comments, it is a complicated process and you are certainly not alone in trying to make sense out of it.
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FAQs
How long does it take to Florida Divorce Laws ?
An uncontested divorce can be completed in as little as 3 to 6 weeks after the 20-day waiting period. A contested divorce involving kids, property issues or alimony claims normally require 6 months to 2 years or more.
Can I divorce my spouse in Florida if he or she does not want to divorce?
Yes. Florida is a no-fault state, one spouse cannot legally prevent a divorce. If your spouse refuses to take part in it after you have served him/her properly, the court can enter a judgment for you.
Do I need a lawyer for a Florida divorce?
Not legally, but it is strongly suggested in contested cases. For simple, uncontested divorces where there are no children and no major assets, online divorce forms and services, such as Hello Divorce or Divorce.com, are good options.
Is there a separation period required by the state of Florida before divorce?
No. Florida does not recognize legal separation and it requires no separation period before filing. You can file, however, as soon as you make up your mind, provided that one spouse has lived in Florida for at least six months.
