How to Divorce in Florida
Divorcing in Florida involves several steps and legal requirements. Curry Law Group guides you through the entire divorce process from start to finish.
Table of Contents
Step 1: Meet Residency Requirements
One spouse must be a Florida resident for at least 6 months before filing for divorce. The divorce can be filed in the county where either you or your spouse resides.
Step 2: File the Petition
The divorce process begins by filing a Petition for Dissolution of Marriage in the family court. This initiates the case and notifies your spouse of your intent to divorce. Both grounds for divorce and relief sought must be stated in the petition.
Step 3: Serve Your Spouse
Your spouse must be properly served with divorce papers. Service can be accomplished through a sheriff's deputy, process server, or agreed-upon service methods if both parties consent.
Step 4: Discovery and Negotiation
Both parties exchange financial information and documents. Negotiations begin on property division, custody, and support. Most divorces settle during this phase without trial.
Step 5: Finalize the Agreement
Once all issues are resolved, a divorce decree is prepared and signed by the judge. The divorce is official once the decree is entered, typically 20 days after signing.
Frequently Asked Questions
How long does a Florida divorce take? Uncontested divorces can take 2-3 months. Contested divorces take 1-2 years depending on complexity. Do I need an attorney for divorce? While not required, having an attorney protects your interests and ensures compliance with procedures. What if my spouse refuses to cooperate? The court can proceed with temporary orders and eventually a trial if settlement is not possible.
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Key Legal Terms
Important Family Law Terms
Understanding these terms can help you make informed decisions about your case.
Alimony
Court-ordered financial support paid by one spouse to another during or after a divorce, intended to help the lower-earning spouse maintain a standard of living close to that of the marriage.
Read full definitionAnnulment
A court order declaring a marriage void, as if it never legally existed. Florida grants annulments only in limited circumstances, such as fraud, bigamy, or incapacity.
Read full definitionAttorney Fees in Divorce
A court order requiring one spouse to pay the other's legal fees during a divorce. Florida may award fees to ensure both spouses can afford proper representation, regardless of who filed.
Read full definitionBest Interests of the Child
The legal standard Florida courts use to decide custody and timesharing. Judges weigh factors such as each parent's ability to provide, the child's needs, and the child's relationship with each parent.
Read full definitionChild Custody
The legal and practical relationship a parent has with their child, including decision-making authority (legal custody) and where the child lives (physical custody), determined by the child's best interests in Florida.
Read full definitionChild Custody Jurisdiction
A court's ability to make decisions about a child who lives in Florida. A judge needs this authority to order timesharing, support, or other relief affecting the child.
Read full definitionStart Consultation
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Curry Law Group — Divorce Series
Our family law attorneys walk through the divorce process, custody, alimony, and what Florida families need to know before filing.
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Forms & Common Questions
Get immediate answers and the right intake forms for your matter.
Related Legal Forms
Post-Dissolution Modification
For modifications to existing divorce decrees, custody, or support orders.
Paternity Questionnaire
Complete for paternity establishment, custody, and child support matters.
Postnuptial Agreement
Information form for postnuptial agreement requests covering property and debt.
Top-Asked Questions
Florida courts make custody decisions based on the best interests of the child. Factors considered include each parent's relationship with the child, ability to provide care, stability, the child's preference (if old enough), and any history of abuse or substance abuse. Courts typically prefer "shared parental responsibility" when both parents are fit and involved.
Florida uses an income-shares model for child support. Both parents' incomes are considered, along with the number of overnights each parent has. The state provides guidelines, but judges can deviate from them based on special circumstances like high incomes, special needs, or private school expenses. Child support continues until the child is 18 (or 19 if still in high school).
Alimony is spousal support paid to a lower-earning spouse after divorce. Florida recognizes several types: temporary (during divorce), bridge-the-gap (short-term), rehabilitative (to help a spouse become self-supporting), durational (limited time), and permanent (typically for long marriages). Courts consider factors like the marriage length, each spouse's income, and earning capacity.
Florida is an "equitable distribution" state—not a community property state. This means marital property is divided fairly (not necessarily 50/50) based on each spouse's contributions, economic circumstances, and other factors. Non-marital property (owned before marriage or inherited) is not divided. We help protect your assets and present a fair division argument.
Yes, either parent can request modification if there's been a "substantial change in circumstances" since the original order. This might include job loss, relocation, change in custody needs, or change in income. We'll help you navigate the modification process and present the strongest case for your situation.
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