The Florida Divorce Process

Every Florida divorce -- formally called a dissolution of marriage -- moves through the same set of procedural steps. The complexity depends on whether the parties agree and whether there are children, alimony claims, or significant assets to divide. This page walks through the process in the order most clients experience it.

Step 1: Residency and Grounds

Under Florida Statutes § 61.021, at least one spouse must have lived in Florida for six months before filing. Residency is usually proved by a Florida driver's license issued more than six months before filing, a voter registration card, or testimony of a corroborating witness.

Florida is a no-fault state. The petition alleges that the marriage is "irretrievably broken" under Florida Statutes § 61.052. The only alternative ground is mental incapacity of one spouse for at least three years, which is rarely used.

Step 2: Filing the Petition

The case begins when one spouse (the Petitioner) files a Petition for Dissolution of Marriage in the circuit court of the county where either spouse resides. The petition states what relief is requested -- division of assets, alimony, time-sharing, child support -- and is served on the other spouse (the Respondent). The Respondent has 20 days to file an Answer and any Counter-Petition.

Step 3: Mandatory Disclosure

Within 45 days of service, both spouses must exchange a Family Law Financial Affidavit and the documents listed in Florida Family Law Rule of Procedure 12.285. This includes tax returns, pay stubs, bank statements, credit card statements, deeds, mortgage documents, retirement statements, and a complete inventory of assets and debts. Mandatory disclosure cannot be waived in cases involving children or where alimony or property division is contested.

Step 4: Temporary Relief

If the parties cannot agree on how to operate during the case -- who pays the mortgage, who lives in the house, how the children's time is divided, who pays interim support -- either party may file a motion for temporary relief. A general magistrate or judge will hold an evidentiary hearing and enter a temporary order that controls until the final judgment.

Step 5: Discovery

Beyond mandatory disclosure, parties may use interrogatories, requests for production, depositions, and subpoenas to gather information. In high-asset cases this often includes forensic accounting, business valuations, and tracing of premarital or nonmarital funds.

Step 6: Mediation

Every contested family case in Miami-Dade, Broward, and Palm Beach is sent to mediation before trial. Mediation is confidential and non-binding. If the parties reach agreement, the mediator drafts a Mediated Settlement Agreement, which the court then incorporates into the final judgment.

Step 7: Trial

If mediation fails on any issue, that issue goes to a non-jury trial before a circuit judge or general magistrate. Florida family law trials are entirely bench trials -- there are no juries. The judge issues a written Final Judgment of Dissolution of Marriage that addresses every unresolved issue.

Step 8: Final Judgment and Post-Judgment

The final judgment dissolves the marriage and incorporates the parenting plan, time-sharing schedule, child support guidelines worksheet, equitable distribution, and alimony award. Many provisions -- time-sharing, child support, and durational alimony -- can be modified later if there is a substantial change in circumstances. Modification requires a new petition.

How Long Does a Florida Divorce Take?

A simplified dissolution can be finalized in 30 to 60 days. An uncontested case with children typically takes three to four months. A contested divorce that proceeds to mediation and possibly trial usually takes 9 to 18 months, depending on the complexity of the assets and the court's docket. There is a 20-day mandatory waiting period after filing before a final judgment can be entered, regardless of agreement.

Call 786-522-1411 to discuss your case and the procedural path that fits your situation.