Divorce Basics10 min read

Florida Divorce Process: Complete Step-by-Step Guide (2026)

Learn exactly how to file for divorce in Florida. This step-by-step guide covers everything from filing to final judgment.

January 10, 2026By Antonio G. Jimenez, Esq.

The Florida Divorce Process: A Complete Guide

Filing for divorce in Florida involves several key steps. Here's exactly what to expect from start to finish.

Step 1: Meet Residency Requirements

Before filing for divorce in Florida, you must meet the residency requirement:

At least one spouse must have been a Florida resident for at least 6 months before filing.

You'll need to prove residency with:

Florida driver's license
Voter registration
Utility bills
Witness testimony (in some cases)

Step 2: Determine Grounds for Divorce

Florida is a no-fault divorce state. You only need to show that:

The marriage is "irretrievably broken," OR
One spouse has been mentally incapacitated for at least 3 years

You do not need to prove adultery, abuse, or any wrongdoing.

Step 3: File the Petition for Dissolution of Marriage

The divorce process officially begins when you file:

Petition for Dissolution of Marriage

Family Law Financial Affidavit

Marital Settlement Agreement (if uncontested)

Parenting Plan (if you have children)

Filing fees range from $300-$410 depending on your county.

Step 4: Serve Your Spouse

Your spouse must be officially notified of the divorce through "service of process":

Personal service: Sheriff or process server delivers papers
Service by mail: Spouse signs acknowledgment of receipt
Constructive service: Publication in newspaper (last resort)

Your spouse has 20 days to respond after being served.

Step 5: Mandatory Disclosure

Both spouses must exchange financial information:

Income documentation
Bank statements
Retirement account statements
Property valuations
Debt documentation

Step 6: Negotiate or Litigate

If Uncontested: Proceed directly to settlement agreement and final hearing.

If Contested: You may need:

Mediation (required in most Florida counties)
Discovery (depositions, interrogatories)
Court hearings
Trial (if no agreement reached)

Step 7: Attend Parenting Course (If Applicable)

If you have minor children, both parents must complete a 4-hour parenting course approved by the court.

Step 8: Final Hearing (Usually Remote)

Most final hearings are now conducted remotely via Zoom, Webex, or Teams. For uncontested divorces:

Judge reviews agreements
Confirms both parties understand and agree
Issues Final Judgment of Dissolution of Marriage

In-person appearances are rare and, when required, are handled on a case-by-case basis.

Florida Divorce Timeline

Type	Typical Timeline
Uncontested (no children)	4-6 weeks
Uncontested (with children)	6-8 weeks
Contested (settles)	3-6 months
Contested (goes to trial)	6-12+ months

Common Mistakes to Avoid

Not meeting residency requirements before filing

Hiding assets (can result in penalties)

Making major financial decisions during divorce

Posting on social media about your divorce

Not following court orders

How We Streamline the Process

Our Victoria AI OS technology accelerates each step:

Document preparation: Generated in hours, not days
Financial analysis: Comprehensive review of all assets
Legal research: Instant case law analysis
Communication: Clear, professional correspondence

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Schedule a $125 Strategy Session to discuss your divorce and get started on the right foot.

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If you and your spouse agree, here's how we can help:

Uncontested Divorce

$750

Full representation to judgment — with or without minor children

Attorney-prepared and reviewed before filing. Court filing fee and remote notary not included.

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Victoria can talk through your situation and let you know if an uncontested divorce is a fit.

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About the Author

Antonio G. Jimenez, Esq.

Florida Bar #21022 · Practicing Since 2006 · LL.M. Trial Advocacy

Antonio is the founder of FloridaDivorce.law and creator of Victoria AI, our AI legal intake specialist. A U.S. Navy veteran and former felony prosecutor, he has handled thousands of family law cases across Florida. He built this firm to deliver efficient, transparent legal services using technology he developed himself.

Have questions? Ask Victoria AI

Frequently Asked Questions

How do I file for divorce in Florida?

File by: (1) meeting the 6-month residency requirement, (2) completing the Petition for Dissolution of Marriage, (3) filing with your county circuit court and paying the $300-$410 fee, (4) serving your spouse, and (5) attending the final hearing after resolving all issues.

What are the residency requirements for divorce in Florida?

At least one spouse must have been a Florida resident for at least 6 months before filing. You can prove residency with a Florida driver's license, voter registration, or utility bills.

How long does it take to get divorced in Florida?

Uncontested divorces take 4-8 weeks. Contested divorces that settle take 3-6 months. Cases going to trial take 6-12+ months. Florida has no mandatory waiting period.

What documents do I need for divorce in Florida?

Required documents include: Petition for Dissolution of Marriage, Family Law Financial Affidavit, Marital Settlement Agreement (if uncontested), and Parenting Plan (if you have children). You'll also need tax returns, pay stubs, and bank statements for disclosure.

Do I have to go to court for divorce in Florida?

Most Florida divorce hearings are now conducted remotely via Zoom, Webex, or Teams. For uncontested divorces, you'll attend one brief remote final hearing (10-15 minutes) from the comfort of your home. In-person court appearances are rare.

Still Have Questions?

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