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

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:

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

Common Mistakes to Avoid

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