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.

Choosing Venue: The Eleventh Judicial Circuit Family Division

For Miami-Dade residents, divorce cases are filed in the Eleventh Judicial Circuit Court, Family Division, headquartered at the Lawson E. Thomas Courthouse Center on Northwest 1st Street. Venue is proper in any county where either party resides at the time of filing, but most cases follow the Petitioner. If both parties live in Miami-Dade, transfer motions are rare. The Family Division operates under a unified case management system, and each case is assigned to a single judge who handles it from petition to final judgment, except where a general magistrate hears interlocutory matters such as temporary support, contempt, or discovery disputes.

Miami-Dade has issued administrative orders that govern scheduling, mandatory mediation referrals, and pretrial requirements. Counsel familiar with the division knows which judges prefer detailed pretrial stipulations, which expect courtroom decorum that is more formal than other counties, and which set firm trial dates that are rarely continued. A clear understanding of local culture is part of competent representation.

The Petition for Dissolution and Required Attachments

The case is initiated by a Petition for Dissolution of Marriage filed under Florida Statutes § 61.052. The petition must plead jurisdiction, residency, the date and place of the marriage, the names and birth dates of any minor or dependent children, and the relief sought. Pleadings should be specific: a request for "equitable distribution" without identifying categories of assets, or a request for "alimony" without specifying the type and duration, invites a motion for more definite statement.

Several documents must accompany the petition or be filed shortly after:

• Family Law Cover Sheet identifying the case type, related cases, and contact information.
• Notice of Social Security Number for each party, filed under seal.
• UCCJEA Affidavit if minor children are involved, identifying every residence of each child for the prior five years and any other pending custody proceeding.
• Civil Cover Sheet and the filing fee, currently $408 for a dissolution with children in Miami-Dade. Indigent filers may apply for a fee waiver.
• Summons issued by the Clerk for service on the Respondent.

Service of Process and the 20-Day Answer Period

Once the Clerk issues the summons, the Respondent must be served by a process server, sheriff's deputy, or other authorized person. The Respondent then has 20 days from the date of service to file an Answer. If no Answer is filed, the Petitioner may move for a clerk's default and a default final judgment, although Florida courts disfavor defaults in family cases and may require the Petitioner to present testimony at an evidentiary hearing.

The Respondent often files a Counter-Petition along with the Answer, raising the Respondent's own claims for relief. A Counter-Petition extends the issues the court must decide and resets some procedural deadlines. Where the Respondent cannot be located, service by publication is available, but a final judgment entered after publication service cannot resolve financial issues; it can only dissolve the marriage.

Mandatory Disclosure Under Rule 12.285

Within 45 days of service of the initial petition, both parties must complete mandatory disclosure under Florida Family Law Rule of Procedure 12.285. The required production includes:

• A sworn Family Law Financial Affidavit on the long form (gross income at or above $50,000) or short form, with current pay rates, deductions, monthly expenses, assets, and liabilities itemized.
• Federal income tax returns for the most recent three years, including all schedules, W-2s, 1099s, and K-1s.
• The three most recent pay statements from each employer.
• Statements for the last twelve months for every checking, savings, money market, brokerage, and credit-card account.
• The most recent statement for every retirement, pension, profit-sharing, deferred compensation, and stock-option account.
• Deeds, mortgage statements, promissory notes, and closing statements for every parcel of real estate.
• Loan applications submitted during the prior twelve months.
• For self-employed parties or business owners, all corporate, partnership, and LLC tax returns and complete profit-and-loss statements.

Mandatory disclosure cannot be waived in any contested case. Failure to comply is sanctionable and undermines credibility before the assigned judge. The discipline of producing complete, organized disclosure early is the most important single act in a Florida divorce.

Case Management Conference and Temporary Relief

Miami-Dade routinely sets an early case management conference, where the judge will inquire about disclosure, set discovery deadlines, refer the case to mediation, and address any urgent issues. If either party needs immediate orders concerning support, exclusive use of the marital home, parenting time, or restraint of asset transfers, a Motion for Temporary Relief is filed and heard either by the assigned judge or a general magistrate. Temporary orders control until the final judgment and frequently set the practical baseline for later negotiations.

Mediation Referral and the Pretrial Conference

Before trial, the case will be referred to mediation under Florida Statutes § 44.102 and Florida Family Law Rule of Procedure 12.740. Mediation is mandatory in Miami-Dade for contested family cases and is conducted by a Florida Supreme Court Certified Family Mediator. If mediation does not produce a complete settlement, the court schedules a pretrial conference at which the parties must file a Pretrial Catalog or Joint Pretrial Statement listing witnesses, exhibits, contested issues, stipulations, and estimated trial time. Failure to comply with the pretrial order can result in exclusion of evidence at trial.

Trial, Final Judgment, and the 30-Day Appeal Window

Family law trials in Florida are non-jury proceedings. The judge hears testimony, reviews exhibits, and applies the law to find facts. Most contested dissolutions conclude in a one- or two-day trial; high-asset and high-conflict cases sometimes require a week or more. The judge enters a written Final Judgment of Dissolution of Marriage that dissolves the marriage and resolves every pending issue: equitable distribution, alimony, parenting plan and time-sharing, child support, and attorney's fees. Either party may file a motion for rehearing within 15 days under Rule 12.530. A notice of appeal must be filed in the District Court of Appeal within 30 days of rendition of the final judgment. Missing the appellate deadline forecloses appellate review entirely.

Post-Judgment Enforcement and Modification

After the final judgment, either party may move to enforce its terms by motion for contempt and enforcement when the other party violates time-sharing, fails to pay support, or fails to transfer property. Many provisions are also modifiable upon a substantial, material, and unanticipated change in circumstances: child support, durational alimony, and time-sharing are typical examples. Equitable distribution, by contrast, is generally not modifiable once entered. Post-judgment work often involves enforcing QDROs, completing deed transfers, and confirming compliance with insurance and beneficiary provisions.

How Long Does a Florida Divorce Take?

A simplified dissolution under Florida Statutes § 61.052(2)(b) can be finalized in 30 to 60 days where both parties agree on every issue, have no minor children, and meet the limited statutory criteria. A fully uncontested dissolution with children typically takes six to ten weeks from filing to final judgment, including the 20-day waiting period under Florida Statutes § 61.19. A contested case that proceeds through full mandatory disclosure, discovery, mediation, and trial usually takes 9 to 18 months in Miami-Dade. Cases involving business valuations, forensic accounting, or international assets sometimes take longer.

What to Bring to the First Attorney Meeting

An efficient first consultation depends on the information you bring. Whenever possible, assemble:

• The marriage certificate and any prenuptial or postnuptial agreement.
• The last three years of joint and individual federal tax returns.
• Recent pay statements for both spouses, if available.
• A list of every bank, brokerage, retirement, and credit account, with approximate balances.
• Deeds and most recent mortgage statements for every parcel of real estate.
• Birth certificates of the children.
• Any temporary orders or pleadings already filed.
• A short written timeline of the marriage, separation, and any incidents of significance.

Preserving Documents and Avoiding Spoliation

Once dissolution is contemplated, both spouses have a duty to preserve relevant documents and electronic information. Deleting emails, wiping a phone, destroying business records, or transferring assets to friends or relatives can result in adverse-inference sanctions, monetary sanctions, and credibility findings that follow the offending party through the rest of the case. Standing administrative orders and temporary injunctions routinely prohibit transferring, encumbering, or dissipating assets during the pendency of the case. The safer course is to gather, copy, and store originals in a secure location and to consult counsel before making any transaction outside the ordinary course of household finances.

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