Know the Laws: Florida
UPDATED March 8, 2009
- What are the grounds for divorce in Florida?
- What are the residency requirements to file for divorce in Florida?
- What are the basic steps for filing for divorce?
- Where can I find additional information about divorce?
back to topWhat are the grounds for divorce in Florida?
To get a divorce in Florida, you must have one of the following grounds (reasons):
1. The marriage is “irretrievably broken” (can never be fixed) or
2. One of the parties has been declared mentally incapacitated by a judge at least 3 years before filing for divorce.
If you are using the ground that the marriage is irretrievably broken, and there is a minor child of the marriage, or your spouse tells the court that s/he does not believe marriage is irretrievably broken, the court may do any of the following:
- Order either or both parties to consult with a marriage counselor, psychologist, psychiatrist, minister, priest, rabbi, or any other person qualified person; or
- Continue the divorce proceedings for up to 3 months, to allow the parties try to work out their problems and get back together; or
- Take any other action that the court believes is in the best interest of the parties and the minor child of the marriage.
* F.S.A. § 61.052
back to topWhat are the residency requirements to file for divorce in Florida?
To file for divorce in Florida, one of the parties to the marriage must reside in the state for 6 months before the filing of the petition.*
* F.S.A. § 61.021
back to topWhat are the basic steps for filing for divorce?
While divorce laws vary by state, here are the basic steps:
- First, you must meet the residency requirements of the state.
- Second, you must have “grounds” (a legally acceptable reason) to end your marriage.
- Third, you must file divorce papers and have copies sent to your spouse.
- Fourth, if your spouse disagrees with anything in the divorce papers, then he will have the opportunity to file papers telling his side. This is called “contesting the divorce.” If he contests it, then you will have a series of court appearances to sort the issues out. If your spouse does not disagree with anything, then he should sign the papers and send them back to you. If your spouse agrees with everything and signs the papers, this is called an “uncontested divorce.” Also, if a certain period of time passes and your spouse does not sign the papers or file any papers of his/her own, you may be able to proceed with the divorce as an uncontested divorce anyway. (Speak to a lawyer in your state about how long you have to wait to see if your spouse answers before you can continue with the divorce).
- Fifth, if there is property that you need divided or if you need financial support from your spouse, then you will have to work that out either in an out-of-court settlement or in a series of court hearings. Custody may also be decided as part of your divorce.
back to topWhere can I find additional information about divorce?
You may find additional information here:
Florida State Courts Self-Help
Links to court forms and information on how to fill them out
Florida Bar Association
Information pamphlet that explains the options and choices involved in dissolution of marriage (divorce). It covers topics such as types of divorces, property division, domestic violence, alimony, child & spouse support, and different fees associated with the process.
Divorce Support - Florida
Provides a professional directory of divorce lawyers, mediators, counselors, financial planners and other divorce professionals as well as articles on child custody, visitation, child support, alimony, and property and debt division. You will also find access to other state specific resources, products and services.
Florida Divorce Legal Information Center
A resource on divorce and family law in the State of FL for non-lawyers and pro se litigants.
WomensLaw.org has no relationship with these organizations and does not endorse their services. We provide these links for your information only.