Knowing the process of filing a divorce ahead of time can ease some of that stress that comes with the divorce itself. In this guide, we’ll break down the key steps to filing for divorce in Florida, from preparing emotionally to finalizing the paperwork and getting the job done.
Legal Grounds
Florida is a no-fault divorce state, which makes the filing process easier. You don’t have to prove that your spouse did something wrong, such as adultery or abandonment. Instead, it’s enough to state that the marriage is “irretrievably broken”—meaning the relationship can’t be repaired. This allows couples to focus on resolving issues like property division, child custody, and support without getting caught up in assigning blame. However, in some cases, factors like misconduct may still be considered when determining alimony or parental responsibility.
Residency Requirements
Establishing Residency
Before filing for divorce in Florida, at least one spouse must establish legal residency in the state. This doesn’t mean both parties need to live in Florida—only one of you needs to meet the requirement. Residency must be tied to physical presence in the state with the intent to make Florida your permanent home.
Duration of Residency
Florida law requires that the resident spouse has lived in the state for a minimum of six months prior to filing. This must be proven with documentation such as a valid Florida driver’s license, a voter registration card, or a sworn affidavit from a third party. Without meeting this six-month rule, your case may be dismissed, so it’s important to have your residency clearly documented before starting the divorce process.
Filing Process
Necessary Forms
The initial paperwork includes a Petition for Dissolution of Marriage and possibly a financial affidavit, depending on your situation. You can find these forms on the Florida Courts website: https://www.flcourts.gov/
Filing Locations
Forms must be filed with the Clerk of Court in the county where either you or your spouse resides.
Serving Papers
Methods of Service
Once your divorce petition has been filed with the court, the next step is to ensure your spouse is officially notified. This is done through a formal process called “service of process.” In Florida, you can serve papers using the local sheriff’s office or a certified private process server. Both are authorized to deliver legal documents and provide proof of service to the court. Proper service is a critical step—if it’s not done correctly, your case could face delays or be dismissed.
Response Time
After being served, your spouse has 20 calendar days to file a written response with the court. This response may agree with your petition, raise objections, or even include counterclaims related to child custody, support, or property division. If your spouse fails to respond within the 20-day window, you may be able to move forward with a default judgment, meaning the court could grant the divorce based solely on your petition.
Financial Disclosure
Assets and Debts
Florida law mandates that both spouses provide a complete and honest accounting of their finances. This includes identifying all assets—such as bank accounts, real estate, vehicles, retirement accounts—and debts like credit cards, loans, or mortgages. You’ll need to disclose both marital property (acquired during the marriage) and separate property (acquired before the marriage or through inheritance). Transparency at this stage is crucial, as the court uses this information to make fair decisions regarding property division.
Income Information
In addition to disclosing assets and liabilities, each party must provide detailed information about their income. This typically includes recent pay stubs, W-2s, tax returns, business income if self-employed, and any other sources of earnings such as rental income or dividends. These financial disclosures help determine child support, alimony, and other key financial matters. Failure to disclose fully or accurately can result in legal consequences and negatively impact the outcome of your case.
Negotiating Settlements
Mediation Options
Florida courts often recommend or require mediation to settle issues like property division, child custody, and alimony. Mediation is usually quicker and less expensive than going to trial.
Child Support Agreements
Child support is calculated based on Florida’s guidelines, considering factors like each parent’s income and the amount of time spent with the child. Agreements should be documented and approved by the court.
Court Proceedings
Preparing for Court
If you can’t settle all issues outside of court, you’ll need to appear before a judge. Gather documentation, organize your case, and consult with an attorney if possible. Our team here at Feinstein & Mendez, P.A.,has decades of experience in Marital and Family Law, offers trusted legal guidance to clients facing a difficult time in matters like alimony payments, child support disputes, and complex divorce situations.
What to Expect
Court hearings in a Florida divorce case are relatively brief, especially if the divorce is uncontested. During these proceedings, the judge will review all submitted documents, listen to any arguments or concerns from both sides, and may ask clarifying questions—particularly if there are unresolved matters related to property division, child custody, or support.
In contested cases, there may be multiple hearings, including temporary relief hearings and a final trial. You or your attorney should be prepared to present evidence, answer questions, and speak to any points of disagreement. While the courtroom setting can feel intimidating, being well-prepared and understanding the process ahead of time can help ensure your voice is heard.
Finalizing Divorce
Final Judgment
Once all issues are resolved, the court will issue a Final Judgment of Dissolution of Marriage. This document makes your divorce official.
Post-Divorce Considerations
After the divorce is finalized, consider updating your will, insurance policies, and financial accounts. You may also need to revisit custody or support arrangements over time.
Conclusion
Filing for divorce in Florida can feel like a lot to handle—but you don’t have to go through it alone. Understanding each step, from filing forms to finalizing the divorce decree, can help you avoid common pitfalls and lower the stress of an already challenging time. But sometimes, clarity comes from more than just research-it comes from having the right team by your side.
At Our Feinstein & Mendez, P.A., we’ve helped countless individuals go through their divorce with confidence, dignity, and peace of mind. Our attorneys bring years of family law experience and a deep understanding of Florida divorce procedures to every case we take on. Whether your divorce is straightforward or more complex due to property division, custody, or financial concerns, we’ll be in your corner every step of the way.
Contact us today to schedule your consultation—and take the first step toward a new chapter.
