Most people think divorce has to be messy and expensive. That’s not always true. Florida actually made some big changes to divorce laws in 2023, and they’re still in effect today. These changes affect how much you might pay in alimony, how property gets divided, and how custody works.
Here’s the deal. Florida’s a no-fault divorce state. This means you don’t need to prove your spouse did anything wrong. You just need to show the marriage is broken beyond repair. Pretty straightforward, right?
What Is a Dissolution of Marriage?
Florida doesn’t technically call it “divorce.” The legal term is “dissolution of marriage.” But don’t worry—it means the same thing.
A dissolution of marriage ends your marriage legally. It divides your property and debts. It handles custody arrangements if you have kids. And it determines if anyone pays alimony.
The process starts when one spouse files paperwork with the court. The other spouse gets served with these papers. Then you work through the issues until a judge signs the final order.
Okay, this one’s important. At least one of you must live in Florida for six months before filing. The court needs proof of this. A Florida driver’s license works. So does a state ID or voter registration card.
Basic Florida Divorce Requirements
The Six-Month Rule
You can’t just move to Florida and immediately file for divorce. One spouse needs to be a resident for at least six months first. Seriously. The court will ask for proof.
Military families get a bit of a break here. If you’re stationed in Florida but claim residency elsewhere, special rules apply. Talk to a lawyer about your specific situation.
Grounds for Divorce
Florida keeps it simple. There are only two legal reasons to get divorced. First, the marriage is “irretrievably broken.” This just means it’s over and can’t be fixed. You don’t need to prove cheating or abuse or anything else.
The second reason is mental incapacity. One spouse must have been declared mentally incapacitated for at least three years. This one’s rare, honestly.
Most divorces use the first reason. The judge might order counseling if one spouse thinks the marriage can be saved. But if you’re firm that it’s over, it’s usually over.
The 20-Day Window
After you file and serve the papers, there’s a 20-day waiting period. Your spouse has 20 days to respond. They can file an answer agreeing with the divorce. Or they can contest it.
If your spouse doesn’t respond at all? The court might enter a default judgment. This means you could win by default. But the timeline can stretch if your spouse gets an extension.
Types of Divorce in Florida
Not sure what counts as what? Let me break it down.
Uncontested Divorce
This is the easiest type. Both spouses agree on everything. Property division, alimony, custody—all of it. You file the paperwork together. The process moves fast.
Uncontested divorces cost way less. We’re talking $500 to $5,000 in most cases. You can finish in 4 to 12 weeks. Court appearances are rare.
Want to save money? This is your best bet.
Contested Divorce
Now this is where things get complicated. You and your spouse can’t agree. Maybe it’s about money. Maybe it’s about the kids. Whatever the disagreement, you’ll need a judge to decide.
Contested divorces take longer. They cost more. You’ll probably need a lawyer. Court appearances are common. Expect to pay anywhere from $10,000 to $30,000 or more.
Sound expensive? It is. That’s why many couples try mediation first.
Simplified Divorce
Florida offers a streamlined option for simple cases. You both agree on everything. You have no minor kids. Nobody’s pregnant. You’ve already divided your stuff.
This process is super quick. It’s cheaper than regular divorce. But you can’t use it if you have children or if your spouse is pregnant.
Collaborative Divorce
This is the newer option. You work with lawyers, financial advisors, and sometimes mental health professionals. Everyone sits down together. You negotiate outside of court.
The goal? Avoid the courtroom entirely. Keep things civil. Find solutions that work for both of you.
Collaborative divorce costs more than uncontested divorce. But it’s usually cheaper than a full court battle. Plus, it’s way less stressful.
Property Division—Who Gets What?
Hold on, this part is important.
Florida doesn’t split everything 50/50. Instead, courts use “equitable distribution.” This means fair, not equal.
Marital Property vs. Separate Property
First, the court figures out what’s marital and what’s separate. Marital property includes most things you got during the marriage. Your house, cars, bank accounts, retirement funds—if you got it while married, it’s probably marital.
Separate property is different. This includes things you owned before marriage. Inheritances count as separate. So do gifts you received from someone other than your spouse.
Here’s where it gets tricky. If you mix separate and marital property, things get complicated. Say you owned a house before marriage. Then you added your spouse to the title. Now it might be marital property.
The Starting Point Is 50/50
Courts begin with the idea that everything should be split equally. But they can adjust based on several factors. How long were you married? Did one spouse contribute more financially? Did someone sacrifice their career for the family?
The judge looks at each spouse’s economic situation. They consider contributions to the marriage. They think about who will have custody of the kids.
An equal split isn’t guaranteed. But it’s where the court starts.
The Cut-Off Date Matters
The date you file for divorce is crucial. Anything you acquire after this date is separate property. Buy a car two weeks after filing? That car is yours alone.
The court can also use different dates to value different assets. Maybe they value your house on the filing date. But they value your retirement account on the trial date. It depends on what’s fair.
The Big Alimony Change You Need to Know
Okay… this one’s huge.
Permanent Alimony Is Gone
Florida eliminated permanent alimony in July 2023. Let that sink in. If you file for divorce now, you cannot get permanent alimony. Period.
This was a massive change. For decades, Florida courts could order one spouse to pay the other for life. Not anymore.
Four Types of Alimony Now Exist
Temporary Alimony: This lasts while the divorce is pending. Once the divorce is final, it ends. Courts use this to help the lower-earning spouse maintain stability during the process.
Bridge-the-Gap Alimony: This helps you transition from married to single life. It covers short-term needs. Maybe you need time to find a job. Or relocate. The maximum length is two years. You can’t modify it later.
Rehabilitative Alimony: This supports you while you get training or education. You need a specific plan. “I want to go to nursing school” works. “I need time to figure things out” doesn’t. The maximum is five years.
Durational Alimony: This is the longest-term option now. The length depends on how long you were married. Short marriages under 10 years? You get up to 50% of the marriage length. So a six-year marriage means three years maximum of alimony.
Moderate marriages between 10 and 20 years? Up to 60% of the marriage length. Long marriages over 20 years? Up to 75% of the length.
The 35% Rule
Here’s another new rule. Alimony can’t exceed 35% of the difference between your incomes. Let’s say one spouse makes $10,000 per month. The other makes $4,000. The difference is $6,000. The maximum alimony would be $2,100 (35% of $6,000).
This creates a cap. It prevents excessive payments. It makes things more predictable.
Does This Apply to Old Divorces?
Not automatically. The new law only applies to divorces filed on or after July 1, 2023. If you got divorced before that date, your agreement stands. You don’t automatically lose permanent alimony just because the law changed.
But modifications are possible. If circumstances change significantly, either spouse can ask the court to modify the terms. The court might apply some principles from the new law.
Child Custody and Timesharing
Florida doesn’t use the word “custody” anymore. They call it “timesharing” and “parental responsibility.”
The 50/50 Presumption
Here’s something most people don’t realize. Florida law now presumes that equal timesharing is best for kids. That’s right—the starting point is 50/50.
You can overcome this presumption. But you need evidence. You must prove that equal time isn’t good for the child.
Parental Responsibility
This means who makes major decisions. Health care, education, religious upbringing—these are big decisions. Courts prefer “shared parental responsibility.” Both parents decide together.
Sole parental responsibility is rare. You need to show that sharing responsibility would harm the child.
Creating a Parenting Plan
Every divorce with kids requires a parenting plan. This document is mandatory. It details everything. When does the child stay with each parent? Who takes them to school? What happens on holidays?
The plan must specify timesharing. It needs actual dates and times. “Every other weekend” isn’t specific enough. “Friday at 6 PM until Sunday at 6 PM on alternating weeks” works better.
You also need to count overnights. The total must equal 365 days per year. This number affects child support calculations.
Common Timesharing Schedules
Week-on/Week-off: The child spends seven days with one parent, then seven with the other. Simple and predictable.
2-2-3 Schedule: Two days with Parent A, two with Parent B, then three with Parent A. Next week it flips. The child sees both parents every few days.
2-2-5-5 Schedule: Set weekdays with each parent plus alternating weekends. Parent A gets Monday and Tuesday. Parent B gets Wednesday and Thursday. Weekends alternate.
Honestly, there are dozens of options. Pick what works for your family.
Filing for Divorce—The Actual Process
Not sure where to start? Here’s how it works.
Step 1: File the Petition
One spouse files a “Petition for Dissolution of Marriage” with the circuit court. You file in the county where either of you lives. The person filing is the “petitioner.” The other spouse is the “respondent.”
You need to pay a filing fee. In most counties, this runs around $400 to $500.
Step 2: Serve Your Spouse
Your spouse must receive a copy of the petition. This is called “service of process.” If your spouse agrees to the divorce, they can sign a waiver. This avoids formal service.
If your spouse doesn’t cooperate, you can hire a process server. Or the sheriff can serve the papers. This costs extra.
Step 3: Financial Disclosure
Both spouses must disclose their finances. You need to complete a Financial Affidavit. This lists all income, assets, debts, and expenses. You must provide this within 45 days of service.
Lying on this form is serious. You’re swearing under oath that the information is true. False statements can lead to criminal charges.
Step 4: Negotiation or Trial
If you agree on everything, you submit a settlement agreement. The judge reviews it. If it’s fair, they approve it.
Can’t agree? You go to trial. Each side presents evidence. The judge decides all the contested issues. Then they issue a final judgment.
Step 5: Final Judgment
The judge signs a Final Judgment of Dissolution of Marriage. This is the official divorce decree. It covers everything—property division, alimony, custody, child support.
Once signed, your marriage is legally over.
Special Situations and Exceptions
What About Health Insurance?
After divorce, you’re no longer a dependent on your spouse’s health plan. Your coverage ends. You’ll need new insurance.
Options? You can apply for COBRA. This lets you continue the same coverage for up to three years. You pay the full premium though.
You might qualify for Medicare if you’re 65 or older. Or Medicaid if your income is low. If you have kids, child support orders typically require health insurance coverage for children.
Can You Change Your Name?
Yes. The divorce decree can restore your maiden name. Just request this in your petition or settlement agreement.
What If Your Spouse Hides Assets?
This happens more than you’d think. Some people try to hide money or property. If you suspect this, tell your lawyer immediately.
The court can order your spouse to provide additional documentation. Financial experts can track hidden assets. If the judge finds your spouse lied, there are serious consequences.
Mediation Requirements
Many Florida counties require mediation before trial. Both spouses meet with a neutral mediator. The mediator helps you negotiate. They don’t decide anything—they just facilitate discussion.
Mediation often works. It’s cheaper than trial. It’s faster. And you control the outcome instead of leaving it to a judge.
Simplified Dissolution of Marriage
This is a special fast-track process. You both agree on everything. No kids. No pregnancy. You’ve divided your property already.
Both spouses appear before the judge together. The judge asks some questions. If everything checks out, the divorce is granted on the spot.
This process is ideal for short marriages with minimal assets.
How Long Does Divorce Take?
Sound complicated? The timeline varies widely.
Uncontested divorces can finish in 4 to 12 weeks. Contested divorces often take 6 to 12 months. Really complicated cases with lots of assets or contentious custody disputes? You might be looking at 18 months or longer.
The court’s calendar affects timing. Some counties have backlogs. Others move faster. Your specific judge matters too.
Divorce Costs—The Real Numbers
Let’s talk money.
Uncontested Divorce Costs
Filing fees: $400–$500. If you both agree and file yourselves, this might be your only cost. Hiring a lawyer for an uncontested divorce? Add $1,500 to $5,000.
Contested Divorce Costs
Lawyers charge $250 to $500 per hour on average. A contested divorce typically costs $15,000 to $30,000 per person. High-conflict cases with extensive litigation? Costs can exceed $50,000 per spouse.
You also pay for experts. Appraisers for property. Accountants for business valuations. Custody evaluators. These add up.
Ways to Save Money
Agree on as much as possible. Every issue you resolve saves money. Use mediation. It costs less than litigation. Consider collaborative divorce if you can work together.
Retirement and Alimony Modifications
The 2023 reforms made retirement easier for people paying alimony. Once you reach full retirement age (as defined by Social Security), you can ask to modify or end alimony payments.
You need to give one year’s notice though. File a motion at least six months before you plan to retire. The court considers various factors. Your health, your retirement income, and the recipient’s ability to support themselves all matter.
Frequently Asked Questions
How long do I need to live in Florida before filing for divorce?
At least six months. One spouse must be a Florida resident for a minimum of six months before filing. You’ll need proof like a driver’s license or voter registration.
Can I get divorced without going to court?
Sometimes. If your divorce is uncontested and you use the simplified process, you might only appear once for a brief hearing. Most uncontested divorces require minimal court time. Contested divorces involve more court appearances.
What if my spouse doesn’t want a divorce?
Florida is a no-fault state. If you say the marriage is broken, the court will grant the divorce eventually. Your spouse can’t stop the divorce just by refusing to cooperate. They can make it more difficult and expensive, but they can’t prevent it entirely.
How is child support calculated?
Florida uses a formula based on both parents’ incomes and the number of overnights each parent has. The state provides worksheets and calculators. Generally, the parent with less timesharing pays support to the other parent. The amount depends on combined income and each parent’s share.
Can alimony be modified after the divorce?
Yes, under certain circumstances. You need to show a substantial change in circumstances. Examples include job loss, significant income increase, or the recipient entering a supportive relationship. The court must approve any modification.
Final Thoughts
Florida divorce laws changed significantly in recent years. The elimination of permanent alimony is the biggest shift. The presumption of equal timesharing for children is another major change.
Understanding these laws helps you plan better. Know what to expect. Gather your financial documents early. Be honest about what you want. Consider working with professionals—lawyers, mediators, financial advisors.
Divorce is never easy. But it doesn’t have to destroy you financially or emotionally. Stay informed, stay organized, and focus on moving forward.
