Divorce and Dissolution of Marriage in Florida

In Florida, ending a marriage is called a dissolution of marriage. Florida is a no-fault state, which means a spouse does not have to prove that the other person did anything wrong. The most common basis for a dissolution is simply that the marriage is irretrievably broken.

A dissolution can be uncontested, where both spouses agree on the major issues, or contested, where a court has to help resolve disagreements. In Miami-Dade County, divorce cases are handled through the local circuit court that serves the county. A local family law firm can explain how the process applies to your own situation.

In Florida, at least one spouse must have lived in the state for 6 months before the petition is filed, under Florida Statutes section 61.021. This residency requirement is jurisdictional, so a court cannot grant the divorce without it.

Most divorces touch on several related issues. When the couple has children, the court addresses parental responsibility and a time-sharing schedule through a parenting plan. When there is property, the court divides marital assets and debts under Florida’s equitable distribution approach, which aims for a fair division rather than an automatic equal split. Some cases also involve a request for alimony, also called spousal support.

The path through a case depends on how much the spouses agree. Many couples resolve their issues through negotiation or mediation before a judge ever decides anything. To understand the typical steps in more detail, see our guide to how divorce works in Florida.

Florida also sets a short floor on timing. Under Florida Statutes section 61.19, no final judgment may be entered until at least 20 days after the original petition is filed, unless the court finds that a delay would cause injustice. That 20-day minimum is a statutory floor, not a typical timeline, and contested Miami-Dade cases often run many months.

The information on this page is general and is not legal advice. Reading it does not create an attorney-client relationship. For advice about your own case, speak with a licensed Florida attorney.