How Divorce Works in Florida

Florida law calls divorce a dissolution of marriage. It is a no-fault process, which means neither spouse has to prove that the other person did anything wrong. Under Florida Statutes section 61.052, a court can dissolve a marriage on the ground that it is irretrievably broken, or where a spouse’s mental incapacity has been adjudicated for at least 3 years.

Before a court can act, there is a residency requirement. At least one spouse must have resided in Florida for 6 months before the petition is filed, under Florida Statutes section 61.021. This requirement is jurisdictional, which means a court cannot grant the divorce without it.

A case starts when one spouse files a petition for dissolution of marriage in circuit court. The other spouse (the respondent) is served with the petition and may file an answer, and often a counterpetition, under Florida Statutes section 61.043.

Florida requires both spouses to exchange financial information early. Under Florida Family Law Rule of Procedure 12.285, each party must serve financial disclosure within 45 days of being served with the initial pleading. That disclosure includes a sworn financial affidavit along with supporting documents such as tax returns, pay records, and account statements. The affidavit uses a short form (Form 12.902(b)) when gross income is under $50,000 and a long form (Form 12.902(c)) at $50,000 or more. Where the rule requires this disclosure, it generally cannot be waived.

Not every case follows the same track. A simplified dissolution is a streamlined path governed by Florida Family Law Rule of Procedure 12.105 (using Form 12.901(a)). A common error is worth flagging here: some sources point to section 61.183 as the simplified-dissolution law, but that statute actually covers mediation of certain contested issues. The procedural authority for simplified dissolution is Rule 12.105.

A regular, contested case follows a longer path. The petition is filed and served, the respondent answers or files a counterpetition, both sides complete mandatory disclosure under Rule 12.285, the case often goes to mediation, and it ends in either a settlement or a trial followed by a final judgment.

Florida sets a minimum waiting period. Under Florida Statutes section 61.19, no final judgment may be entered until at least 20 days have passed from the date the original petition was filed, unless the court finds that the delay would cause an injustice.

That 20-day figure is a floor, not a realistic estimate of how long a case takes. Contested cases in Miami-Dade County routinely run many months as the parties work through disclosure, mediation, and any remaining disputes. As of 2026, the core steps described here reflect current Florida law and procedure. Reading this guide does not create an attorney-client relationship. For advice about your own situation, speak with a licensed Florida attorney.