A Step-by-Step Guide for Navigating the Florida Divorce Process
Divorce is never easy. Whether the decision is mutual or one-sided, ending a marriage involves emotional challenges, complex legal decisions, and a significant shift in daily life. If you’re considering a divorce in Florida, understanding the legal process can help you move forward with confidence and clarity.
Florida law refers to divorce as the dissolution of marriage. The state offers both contested and uncontested options, with a process designed to resolve issues like property division, child custody, alimony, and more. This guide provides a clear, step-by-step explanation of how to get a divorce in Florida—including eligibility requirements, timelines, filing procedures, and what to expect at each stage.
1. Meet the Residency Requirements
Before filing for divorce in Florida, you or your spouse must meet the state’s residency requirement. One of you must have lived in Florida for at least six months prior to filing. You’ll typically prove residency with a Florida driver’s license, state ID, voter registration, or testimony under oath.
If both spouses recently moved to Florida, you may need to wait or file in the state where one of you previously resided.
2. Determine the Type of Divorce: Contested vs. Uncontested
Uncontested Divorce
An uncontested divorce means both parties agree on all major issues, including:
Division of marital property and debts
Child custody and visitation
Child support
Alimony or spousal support
This is the fastest and least expensive form of divorce in Florida. Many uncontested divorces can be completed in a few months and may not require a court appearance.
Contested Divorce
A contested divorce occurs when spouses disagree on one or more issues. These cases often involve mediation, hearings, discovery, and potentially a trial. Contested divorces are more time-consuming and costly, but sometimes necessary when resolution isn’t possible through mutual agreement.
3. Grounds for Divorce in Florida
Florida is a no-fault divorce state, meaning you don’t have to prove wrongdoing or blame. You only need to state that the marriage is “irretrievably broken” (i.e., beyond repair).
Alternatively, a spouse may file for divorce if the other has been mentally incapacitated for at least three years, though this is rare and requires medical documentation.
4. File the Petition for Dissolution of Marriage
The divorce officially begins when one spouse files a Petition for Dissolution of Marriage with the circuit court in the county where either spouse resides. The filing spouse is the Petitioner, and the other spouse is the Respondent.
Required Documents Include:
Petition for Dissolution of Marriage
Summons
Financial Affidavit (to be filed within 45 days)
Parenting Plan (if children are involved)
Uniform Child Custody Jurisdiction and Enforcement Act (UCCJEA) Affidavit
Marital Settlement Agreement (if uncontested)
Filing fees generally range from $400–$450, depending on the county. If you cannot afford the fee, you may request a waiver by filing an Application for Civil Indigent Status.
5. Serve the Divorce Papers
Once the petition is filed, the Respondent must be officially notified. This is done by serving the divorce papers via:
Sheriff’s Office: The local sheriff’s department serves the documents for a fee.
Private Process Server: Licensed individuals who can often serve papers faster.
Constructive Service: If the other spouse cannot be located, you may serve via publication in a newspaper, following specific rules.
After service, the Respondent has 20 days to file a written answer or counterpetition.
6. Exchange Financial Information
Both parties are required to submit a Financial Affidavit within 45 days of service. This document discloses:
Income
Expenses
Assets (bank accounts, property, vehicles, etc.)
Liabilities (credit cards, loans, mortgages)
The goal is to ensure transparency and help the court fairly divide marital property and determine appropriate support amounts.
In some cases, especially contested ones, the court may require further discovery, such as interrogatories, depositions, or document production.
7. Address Children and Custody Issues
If you and your spouse share minor children, additional steps are required. Florida law prioritizes the best interests of the child and encourages both parents to remain actively involved.
Key Child-Related Issues:
Parental Responsibility: Refers to legal decision-making authority. Florida prefers shared parental responsibility unless one parent poses a danger to the child.
Time-Sharing (Custody): Determines how much time each parent spends with the child. A Parenting Plan must be submitted and approved by the court.
Child Support: Based on Florida’s statutory guidelines (Florida Statutes § 61.30), factoring in income, number of overnights, healthcare costs, and more.
Parents must also complete a Parenting Class, typically a 4-hour course covering co-parenting skills and conflict resolution.
8. Attend Mediation (If Required)
In most contested divorces, the court will order mediation before setting a trial date. Mediation is a structured negotiation facilitated by a neutral third party.
The goal is to resolve issues outside of court, saving time and money. If successful, the parties sign a Mediated Settlement Agreement, which becomes part of the final judgment.
If mediation fails, the case proceeds to trial.
9. Trial (If Necessary)
If no agreement is reached, a judge will conduct a trial. Each party presents evidence and testimony regarding:
Property division
Alimony
Parenting plans
Child support
Any contested issues
After reviewing the evidence, the judge will issue a Final Judgment of Dissolution of Marriage, legally ending the marriage.
10. Receive the Final Judgment
Once all issues are resolved—whether through agreement or court order—the judge signs the Final Judgment. This document outlines the terms of your divorce, including:
Division of marital assets and debts
Spousal and child support obligations
Custody and time-sharing arrangements
Any additional court orders
After the Final Judgment is entered, both parties are legally divorced and free to remarry.
Common Divorce Issues in Florida
Equitable Distribution of Property
Florida follows equitable distribution, meaning marital assets are divided fairly—but not necessarily equally. The court considers:
Length of the marriage
Each spouse’s financial and non-financial contributions
Economic circumstances
Intentional dissipation of assets (e.g., spending to avoid division)
Marital property includes assets and debts acquired during the marriage. Non-marital property (owned before marriage or acquired by gift/inheritance) usually remains with the original owner.
Alimony (Spousal Support)
Alimony is not guaranteed in Florida. The court evaluates:
Duration of the marriage
Standard of living
Financial resources
Earning capacity
Age and health of each spouse
Types of alimony may include:
Bridge-the-Gap: Short-term support during the transition to single life
Rehabilitative: To help one spouse gain education or skills
Durational: Set for a specific number of years (common in medium-length marriages)
Permanent: Rare, but available in long-term marriages when one spouse cannot support themselves
Recent legal reforms have affected alimony awards, so it’s important to consult with an attorney.
How Long Does a Divorce Take in Venice, Florida?
Divorce timelines vary depending on complexity and cooperation. General guidelines:
Uncontested divorce: 3 to 4 months
Contested divorce: 6 months to 2 years
High-conflict or complex cases: 1–3 years or more
Delays can stem from disputes over property, custody, or uncooperative behavior from either spouse.
Can I Get Divorced Without a Lawyer in Florida?
Yes—self-representation (pro se divorce) is allowed, particularly in uncontested cases. Florida’s courts provide forms and instructions online through the Florida Courts Self-Help Center.
However, divorce can involve long-term legal consequences. A mistake in your agreement could cost you time, money, or custody rights. Hiring a knowledgeable divorce attorney ensures your rights are protected and all legal procedures are properly handled.
Final Thoughts: Talk to a Venice, Florida Divorce Attorney
Divorce is never easy—but you don’t have to go through it alone. Whether you’re considering filing or have already started the process, an experienced family law attorney can guide you through each step and help you protect what matters most.
At the Casella Law Group, we provide compassionate, knowledgeable divorce representation for clients in Venice and Sarasota County. We handle both contested and uncontested divorces, and we tailor our approach to meet your unique needs and goals.
Call us today at (941) 234-1432 or fill out contact us form to schedule a confidential consultation. Let us help you move forward with confidence and peace of mind.