Florida · Divorce laws · Updated Oct 2026
Florida divorce laws
Who can file for divorce in Florida, how long it takes, the official forms and fees, property, support and children, in plain English from official sources, with a free timeline estimator and checklist.
Where and how to file in Florida
- Who can file (residency)
- You or your spouse must have lived in Florida for 6 months before you file. Residency is usually proven with a Florida driver's license, ID card, voter registration, or a witness.
- Waiting period
- The final judgment can't be entered until at least 20 days after the petition is filed, unless the judge finds that waiting would cause an injustice.
- Court
- Circuit Court in the county where you or your spouse live
- Official forms
- Divorce forms (Florida courts)
- Court self-help
- Divorce self-help (Florida courts)
- Filing fee
- Base filing fee up to $295 for a dissolution of marriage (Fla. Stat. 28.241), plus other charges set by statute and the county clerk (summons, service). Totals are usually around $400; check your county clerk.
- If you can't afford the fee
- File an Application for Determination of Civil Indigent Status with the clerk of court.
- Simpler process for agreed cases
- Simplified dissolution of marriage (Form 12.901(a)): both spouses agree, no minor or dependent children together and neither is pregnant, you've divided your property and debts, no one asks for alimony, both sign and go to the final hearing together, and one of you meets the 6-month residency. (Requirements confirmed on Supreme Court form 12.901(a) as posted by county clerks.)
- E-filing
- Yes. Self-represented filers can use the Florida Courts E-Filing Portal: https://www.myflcourtaccess.com/
- Law
- Fla. Stat. 61.021 · Fla. Stat. 61.19
Divorce in Florida, step by step
Check that you can file in Florida
You or your spouse must have lived in Florida for 6 months before you file.
Get the official forms
Use the court's official divorce forms: Divorce forms (Florida courts) Simplified dissolution of marriage (Form 12.901(a)): both spouses agree, no minor or dependent children together and neither is pregnant, you've divided your property and debts, no one asks for alimony, both sign and go to the final hearing together, and one of you meets the 6-month residency.
File the papers and pay the fee, or ask for a waiver
File with the Circuit Court in the county where you or your spouse live. Filing fee: Base filing fee up to $295 for a dissolution of marriage (Fla. Stat. 28.241), plus other charges set by statute and the county clerk (summons, service). Can't afford it? File an Application for Determination of Civil Indigent Status with the clerk of court.
Serve your spouse
Your spouse must be served with the summons and petition by the sheriff or a certified process server.
Your spouse responds
20 days after service. The summons states the deadline. If your spouse doesn't respond in time, you can usually ask for a default judgment.
Wait out the waiting period
The final judgment can't be entered until at least 20 days after the petition is filed, unless the judge finds that waiting would cause an injustice.
Agree, or go to mediation or a hearing
Very common. If you agree on everything, you can usually submit a signed agreement. If not, the judge decides the issues you can't settle.
Get the final decree
The judge signs the final decree (judgment), which ends the marriage. Get a certified copy and keep it. Name change: Yes. You can ask in your petition (or answer) to restore your former name, and the judge can include it in the final judgment.
Free tools for Florida
Pre-set for Florida. They run in your browser and send nothing.
Divorce timeline estimator for Florida
See the earliest date the law lets a judge sign your final divorce decree, from your filing date. Nothing you type here is sent anywhere.
Grounds for divorce in Florida
- No-fault ground
- the marriage is irretrievably broken
- Fault grounds
- Not available: no-fault only
- Law
- Fla. Stat. 61.052(1) (the only other ground is a spouse's court-adjudged mental incapacity for 3 years)
Property and debts in Florida
- System
- Equitable distribution
- The rule
- Each spouse keeps their nonmarital property. The judge starts from an equal split of marital assets and debts and can make it unequal only for a reason, such as contributions to the marriage or wasting assets.
- Law
- Fla. Stat. 61.075
Alimony (spousal support) in Florida
Florida has no permanent alimony (since 2023). The judge may award temporary, bridge-the-gap (up to 2 years), rehabilitative (up to 5 years, with a plan), or durational alimony (not available if the marriage lasted less than 3 years). Durational alimony can't exceed 50% of the marriage length for marriages under 10 years, 60% for 10-20 years, and 75% for 20+ years, except in exceptional circumstances. Adultery can be considered. Fla. Stat. 61.08.
Children: custody and support in Florida
- What Florida calls custody
- parental responsibility and time-sharing (parenting plan)
- Parenting class
- Yes. In a divorce with minor children, both parents must complete a DCF-approved Parent Education and Family Stabilization Course (at least 4 hours) and file proof before the final judgment. The person who files should finish it within 45 days after filing, and the other spouse within 45 days after being served, unless the court excuses it (Fla. Stat. 61.21).
- Child support calculator
- Official child support calculator or guidelines
- Child support agency
- Florida Department of Revenue, Child Support Program
Serving your spouse in Florida
- How your spouse gets the papers
- Your spouse must be served with the summons and petition by the sheriff or a certified process server. If you file an agreed (uncontested) case, your spouse can file an answer or sign together; if you can't find your spouse, service by publication may be allowed after a diligent search.
- Time to respond
- 20 days after service.
- Law
- Fla. Fam. L. R. P. 12.070, 12.140
Going back to a former name in Florida
Yes. You can ask in your petition (or answer) to restore your former name, and the judge can include it in the final judgment.
Mediation in Florida
Very common. Most Florida circuits require mediation before a contested final hearing, and many offer court-connected family mediation at low cost based on income.
If you are in danger
If you are in danger, call 911. The National Domestic Violence Hotline is free, confidential and open 24/7, in English and Spanish: call 1-800-799-7233, text START to 88788, or chat at thehotline.org.
Protective orders in Florida: If you are in danger, call 911. Injunctions for protection against domestic violence are filed with the circuit court clerk (no fee). Florida Domestic Violence Hotline: 1-800-500-1119.
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Free help in Florida
Good to know in Florida
- Florida ended permanent alimony in 2023 and capped durational alimony at 50%, 60% or 75% of the marriage length (Fla. Stat. 61.08).
- Parents must finish a 4-hour parenting course before the judge can sign the final judgment (Fla. Stat. 61.21).
Changes in 2024–2026
2023 alimony reform (Ch. 2023-315, SB 1416, effective July 1, 2023) eliminated permanent alimony and set the current limits; no 2024-2026 change to residency or waiting period found.
Divorce checklist for Florida
Answer a few questions to get a checklist for your state: documents to gather, the official forms, the fee or fee waiver, serving your spouse, children and the final steps. Print it or download it. Nothing you type is sent anywhere.
Questions about divorce in Florida
How long do you have to live in Florida to file for divorce?
You or your spouse must have lived in Florida for 6 months before you file. Residency is usually proven with a Florida driver's license, ID card, voter registration, or a witness.
How long does a divorce take in Florida?
The final judgment can't be entered until at least 20 days after the petition is filed, unless the judge finds that waiting would cause an injustice.
What are the grounds for divorce in Florida?
Florida's no-fault ground is the marriage is irretrievably broken. Florida has no fault grounds.
Is Florida a community property state?
No. Florida uses equitable distribution. Each spouse keeps their nonmarital property. The judge starts from an equal split of marital assets and debts and can make it unequal only for a reason, such as contributions to the marriage or wasting assets.
How much does it cost to file for divorce in Florida?
Base filing fee up to $295 for a dissolution of marriage (Fla. Stat. 28.241), plus other charges set by statute and the county clerk (summons, service). Totals are usually around $400; check your county clerk.
Can I get the divorce filing fee waived in Florida?
File an Application for Determination of Civil Indigent Status with the clerk of court.
Is there a simpler divorce process in Florida?
Simplified dissolution of marriage (Form 12.901(a)): both spouses agree, no minor or dependent children together and neither is pregnant, you've divided your property and debts, no one asks for alimony, both sign and go to the final hearing together, and one of you meets the 6-month residency. (Requirements confirmed on Supreme Court form 12.901(a) as posted by county clerks.)
How long does my spouse have to respond in Florida?
20 days after service.
Can I change my name back in a divorce in Florida?
Yes. You can ask in your petition (or answer) to restore your former name, and the judge can include it in the final judgment.
Is mediation required in a divorce in Florida?
Very common. Most Florida circuits require mediation before a contested final hearing, and many offer court-connected family mediation at low cost based on income.
Do divorcing parents have to take a class in Florida?
Yes. In a divorce with minor children, both parents must complete a DCF-approved Parent Education and Family Stabilization Course (at least 4 hours) and file proof before the final judgment. The person who files should finish it within 45 days after filing, and the other spouse within 45 days after being served, unless the court excuses it (Fla. Stat. 61.21).
How does alimony work in Florida?
Florida has no permanent alimony (since 2023). The judge may award temporary, bridge-the-gap (up to 2 years), rehabilitative (up to 5 years, with a plan), or durational alimony (not available if the marriage lasted less than 3 years). Durational alimony can't exceed 50% of the marriage length for marriages under 10 years, 60% for 10-20 years, and 75% for 20+ years, except in exceptional circumstances. Adultery can be considered. Fla. Stat. 61.08.