Quick Divorce in Florida
Overview of Divorce Laws in Florida
Florida law allows no-fault divorce based on an irretrievable breakdown of the marriage, with procedures that emphasize disclosure and due process rather than speed.
Florida calls divorce a “dissolution of marriage.” Most cases proceed on the no-fault ground that the relationship is irretrievably broken; a separate ground, mental incapacity, involves specific court findings and is less common. Florida is an equitable-distribution state, which means marital assets and debts are divided fairly under statutory factors, not automatically fifty-fifty. Courts can address spousal support, parenting plans and time-sharing for minor children, and child support using statewide guidelines. The system is statewide, but each circuit and county may use local case management orders, required courses, and scheduling practices that influence how a case progresses.
Uncontested vs Contested Divorce Explained
An uncontested dissolution means both spouses resolve all issues in writing—property, debts, support, and, if applicable, parenting—before judgment. This path typically involves fewer hearings because the court’s role centers on reviewing the agreement, confirming required disclosures, and entering a final judgment if the paperwork is complete and lawful. A contested case arises when one or more issues remain disputed; courts may use case management conferences, temporary relief hearings, mediation, and, if needed, trial to reach a resolution. Florida also offers a “Simplified Dissolution of Marriage” for eligible couples without minor or dependent children, who agree on everything, and who meet additional criteria. Even simplified cases require full signatures, disclosures as instructed, and a brief court appearance, but they can reduce complexity when eligibility is met.
Eligibility and Residency Requirements
Florida courts require residency before accepting a dissolution filing. Generally, at least one spouse must have lived in Florida for the six months before filing, and proof is provided by a Florida driver’s license, state identification, voter registration, or a corroborating witness affidavit. Venue is usually proper in the county where either spouse resides. For the simplified procedure, both spouses must meet residency rules, agree that the marriage is irretrievably broken, have no minor or dependent children together and no current pregnancy, and waive certain trial and appeal rights. Couples who share minor children, have unresolved claims, or need judicial determinations typically proceed through the standard dissolution process rather than the simplified track.
Steps Commonly Involved in the Divorce Process
A standard case starts when one spouse files a petition for dissolution in circuit court and ensures valid service of process on the other spouse. After service, the responding spouse has a set time to file an answer, and a counterpetition may be filed if additional relief is requested. Parties exchange mandatory financial disclosures, including a Family Law Financial Affidavit and supporting documents. When children are involved, courts generally require a parenting course approved by the circuit, a proposed Parenting Plan that allocates decision-making and time-sharing, and a Uniform Child Custody Jurisdiction and Enforcement Act (UCCJEA) affidavit to establish the court’s authority over child-related matters. Many circuits automatically refer parties to mediation to encourage settlement. If an agreement is reached, it is reduced to a written marital settlement agreement and, if children are involved, a detailed Parenting Plan. The court can then review and, if everything is complete and consistent with Florida law, enter a final judgment. If issues remain unresolved, the court may hold temporary relief hearings to set interim arrangements for support or time-sharing and later conduct a trial where the judge makes final decisions.
Documentation and Filing Considerations
Florida uses statewide forms issued by the Florida Supreme Court for many family law matters, and courts increasingly accept filings through the state e-filing portal. The petition outlines basic facts and requests for relief. The petitioner (and usually the respondent) completes a Financial Affidavit—short form or long form depending on income—attaches recent pay statements, tax records, and account statements, and serves a Schedule of Assets and Liabilities where applicable. If child support is at issue, parties typically provide a Child Support Guidelines Worksheet and documentation of childcare and health insurance costs. For property transfers, proposed deeds, titles, and, if needed, retirement division orders are prepared to implement the final judgment. A notarized Marital Settlement Agreement and, where relevant, a Parenting Plan should be specific about who will do what and when, to reduce future confusion. Counties may have local cover sheets, case management orders, or checklists that help ensure the packet is complete before submission for judicial review.
Timelines and Court Procedures
Florida does not impose a fixed statewide “cooling-off” period like some other states, so the overall timeline depends on completeness of forms, responsiveness of both parties, mediation schedules, and docket availability in the county. Uncontested and simplified matters can move comparatively quickly when paperwork is accurate and hearing calendars are open; contested matters may require multiple appearances, discovery, and trial time, which extends duration. Service of process adds time at the front end unless the respondent accepts service and waives formal service in writing. Mediation can be scheduled earlier or later depending on local orders and party availability. Where minor children are involved, completion of the parenting course is often required before final judgment. At the conclusion, many courts set brief, non-evidentiary hearings for uncontested cases and longer evidentiary hearings for contested trials. If a proposed judgment is returned for correction—because of missing forms, inconsistent terms, or incomplete disclosures—parties can cure the defects and resubmit, which affects the timeline. Because procedures vary by circuit, checking current local practices, preferred formats for proposed orders, and appointment systems for final hearings helps align expectations with the court’s workflow.
Division of Assets and Agreements
Florida’s equitable distribution framework directs courts to identify, value, and distribute marital assets and liabilities in a fair manner, considering statutory factors such as the duration of marriage, each spouse’s contributions (including caregiving and homemaking), and the economic circumstances of each party. Separate property—owned before marriage, acquired by inheritance or gift to one spouse, or excluded by valid agreement—generally remains separate, subject to tracing. Settlement agreements can detail who receives specific accounts, vehicles, real property, or personal property, and specify how debts will be paid or refinanced. For retirement accounts, specialized orders compatible with plan rules are prepared to implement the division. Spousal support, when requested, is evaluated under Florida’s updated statutory categories and factors; parties may agree to terms consistent with current law. If children are involved, child support is determined under statewide guidelines, and Parenting Plans outline time-sharing and decision-making with specificity, including exchanges, holidays, communication, travel, and dispute-resolution methods. Clear drafting—account numbers, deadlines, transfer steps, and contingencies—helps with enforcement and reduces the chance of post-judgment disputes.
Post-Divorce Legal Considerations
After the final judgment, parties complete transfers, update titles and deeds, and implement retirement orders as required by each institution. Insurance, beneficiary designations, and emergency contacts are commonly updated to match the judgment and current intentions. Where support is ordered, income withholding and payment processing through the state disbursement unit may apply. Parenting Plans typically include communication methods and review points as children’s needs change, and Florida law allows modification of child support or time-sharing when a substantial, unanticipated change in circumstances is proven and modification is in the child’s best interest. Spousal support modifications depend on the type and terms ordered and applicable statutes. Enforcement mechanisms are available if orders are not followed. If a party chooses to resume a prior name, the judgment can include that relief, and identification documents can be updated with the appropriate agencies. Keeping a complete copy of the signed judgment, settlement agreement, and all exhibits, along with a simple checklist of post-judgment tasks, supports an orderly transition. While many couples can resolve matters cooperatively, questions about rights, obligations, or the impact of new circumstances are often best addressed by consulting current Florida forms, local court resources, and qualified professionals familiar with the practices of the circuit where the case is filed.
Compliance and transparency note: This guide is informational and avoids promises or guarantees about timing, eligibility, or results. Florida statutes, forms, and local court procedures may change. For decisions in a specific case, review current rules and consider professional guidance suited to your situation.