Florida divorce FAQ: the most common questions, answered

Residency, timelines, costs, children, property, alimony, and what 'uncontested' means in Florida — all in one place.

Florida divorce guide

Quick answer

Florida is a no-fault state where 'irretrievably broken' is the only ground typically used. At least one spouse must have lived in Florida for 6 months before filing, and Florida law requires a 20-day waiting period before a judge can finalize. Most uncontested cases complete in 30 to 90 days.

  • No-fault: 'irretrievably broken'
  • 6-month residency required
  • 20-day waiting period after filing
  • Equitable distribution of marital assets

Residency, grounds, and basics

Florida requires at least one spouse to have lived in Florida for the 6 months immediately preceding the petition. Florida is a no-fault state under Florida Statute 61.052 — the petition need only allege that the marriage is irretrievably broken (or, in rare cases, mental incapacity of one spouse for at least 3 years).

Timelines

The 20-day waiting period under Florida Statute 61.19 applies to every dissolution. Most uncontested cases finalize between 30 and 90 days from filing. Simplified dissolutions often finish in 30 to 45 days. Contested cases routinely take 6 to 18 months.

Money — property, debts, and alimony

Florida divides marital property under equitable distribution (Florida Statute 61.075). Non-marital assets — those owned before the marriage or received as a gift or inheritance — generally stay with the original spouse. Alimony, when awarded, takes one of three forms: bridge-the-gap, rehabilitative, or durational. Permanent alimony was eliminated by the 2023 reform.

Children

When minor or dependent children are involved, Florida requires a parenting plan, a timesharing schedule, child support calculated under the statutory guidelines, and completion of a parent education course by both parents before the final judgment.

Costs

The Florida clerk's filing fee is typically near $409. Document preparation costs depend on the service used. The Quick Divorce charges flat fees and does not bill hourly.

Frequently asked questions

Do I need to live in Florida for 6 months before filing?
At least one spouse must have lived in Florida for the 6 months immediately preceding the petition. The other spouse may live anywhere.
Is Florida a no-fault divorce state?
Yes. Florida Statute 61.052 allows divorce on the ground that the marriage is irretrievably broken, with no need to prove wrongdoing by either spouse.
How much does a Florida divorce cost?
The Florida clerk's filing fee is typically near $409. Document preparation through The Quick Divorce is a flat fee — no hourly billing — and pricing varies by plan.
Can I file for divorce in Florida if my spouse lives in another state?
Yes, as long as at least one spouse has met the 6-month Florida residency requirement. Out-of-state respondents are served according to Florida service rules.
What if my spouse won't sign?
An uncontested divorce requires both spouses to agree. If one spouse refuses to participate, the case becomes contested and is outside the scope of The Quick Divorce; consult a Florida-licensed attorney.

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Florida residents only. Information, not legal advice.

The Quick Divorce is not a law firm and does not provide legal services or legal advice through this website. Our founder is a Florida-licensed family-law attorney, and she designed this platform — but she is not acting as your attorney when you use this site, and using this site does not create an attorney-client relationship with her or with The Quick Divorce. We do not select forms for your specific situation, do not advise you on your legal rights, and do not represent you in court. Communications you submit through this site are not protected by attorney-client privilege. If you need legal advice or representation, retain a Florida-licensed attorney directly.