By Neta, founder of SortMyDivorce · Published · Updated
6 months in Florida before filing, no separation period first, and at least 20 days before a final judgment. Florida does not recognize legal separation.
Florida calls it 'dissolution of marriage,' and it runs on a few rules that surprise people who assume every state splits things 50/50 or lets you skip the paperwork — Florida requires specific forms and a class before a judge will sign off.
| Residency requirement | At least one spouse must have lived in Florida for 6 months immediately before filing the petition (Fla. Stat. §61.021). |
|---|---|
| Grounds | No-fault only — the marriage is 'irretrievably broken,' or a spouse's mental incapacity for at least 3 years (Fla. Stat. §61.052). Florida does not recognize fault grounds like adultery. |
| Waiting period | No separation period is required before filing. Once filed, the court cannot enter a final judgment until at least 20 days have passed since the petition was filed (Fla. Stat. §61.19), though a judge can waive this to prevent injustice. |
| Legal separation | Florida does not recognize legal separation. There is no status to file for. Couples live apart and use a written separation agreement to settle support, property and parenting in the meantime. |
| If you were never married | Florida does not create common-law marriage, and living together gives neither partner property or support rights. Claims rest on agreements between you. A common-law marriage validly formed in a state that does create them is generally still recognised. |
| Where you file | With the Clerk of the Circuit Court, Family Law Division, in the Florida county where you or your spouse resides. |
| Filing fee | Payable when you file your opening divorce document. Set locally by the county, not as one statewide rate. Filing fees are set by the court and change without notice: check the current schedule on the court's own website before you file, and ask about a fee waiver if the cost is a barrier. |
| Starting forms | Florida Family Law Form 12.901(a) — Joint Petition for Simplified Dissolution of Marriage — for the simplified track, or Form 12.901(b)(1)/(b)(2)/(b)(3) — Petition for Dissolution of Marriage — depending on whether you have children or property, plus a Family Law Financial Affidavit (Form 12.902(b) or (c)) and Family Court Cover Sheet. |
| Simplified option | Yes — the Simplified Dissolution of Marriage is available when both spouses agree to divorce and on dividing all property/debt, there are no minor or dependent children and no pregnancy, and neither spouse wants alimony. Both spouses must appear together to file and at the final hearing. |
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Florida is a no-fault state: you don't need to prove wrongdoing, only that the marriage is 'irretrievably broken.' At least one spouse must have lived in Florida for six months before filing, and the case is filed in Circuit Court, Family Division, in the county where either spouse resides. Florida is also an equitable distribution state, not a community property state — the law starts from a premise that marital assets and debts should be divided fairly, which in practice often means close to equally, but a judge can adjust that split based on factors like each spouse's economic circumstances, contributions to the marriage (including as a homemaker), and any intentional dissipation of assets. Confirm the specifics with a Florida family lawyer, since 'equitable' gives judges real discretion that 'equal' would not.
Nonmarital property — generally what you owned before the marriage, or received individually as a gift or inheritance — is usually excluded from division, but only if you can show it stayed separate. Commingled funds (an inheritance deposited into a joint account, for example) are a common source of dispute, so tracing paperwork matters from the start.
Florida requires a sworn Financial Affidavit in virtually every case involving money, support, or property — there is no way around this if the divorce isn't purely uncontested with no financial issues at all. Which version you file depends on income: a shorter form for gross annual income under $50,000, a longer form above that threshold. Both require a detailed accounting of income, monthly expenses, assets, and liabilities, submitted under oath.
On top of the affidavit, Florida's mandatory disclosure rule requires each spouse to exchange a defined packet of financial documents — recent tax returns, pay stubs, and account statements among them — within a set window after the petition is served, without either side having to formally request it. Missing or incomplete disclosure is one of the most common sources of delay and of later disputes, so it's worth starting to gather these documents before anything is filed: tax returns for the last few years, recent pay statements, statements for every bank, retirement, and investment account, mortgage and property tax records, and documentation for any business interest.
Florida requires parents in any dissolution case involving minor children to complete a state-approved Parent Education and Family Stabilization Course before the court will enter a final judgment. This is a practical, not adversarial, requirement — it covers the effects of divorce on children and co-parenting logistics — but it's a hard prerequisite, so scheduling it early avoids it becoming the thing that stalls a final hearing. Courts also expect a parenting plan addressing time-sharing and decision-making authority, and child support follows Florida's statutory guidelines, calculated primarily from both parents' incomes and the time-sharing arrangement.
If both spouses agree on everything and there are no minor or dependent children, no real property disputes, and no request for alimony, Florida's simplified dissolution process can be faster and less costly — but it requires both spouses to appear together and waive certain rights, so it only fits genuinely uncontested situations.
Florida is one of the states where legal separation simply does not exist. There is no petition to file and no decree to obtain, so couples who want to live apart without divorcing do so informally.
The tool that does the work is a separation agreement: a private written contract setting out who pays what, who lives where and how parenting works while you are apart. It is not a court order, but it is binding between you, and it is what a court will generally look to later.
Living apart is not the same as being divided. Until a divorce is finalised you are still married, with whatever that means for property and debt in this state — worth confirming with a local family lawyer before assuming that moving out has drawn a line.
Florida does not create common-law marriage. There is no number of years of living together that turns into a marriage here, and none of the divorce machinery on this page applies to a couple who never married — no property division, no spousal support, no residency requirement to satisfy, because there is nothing to dissolve.
What unmarried partners have instead are ordinary civil claims: whatever you agreed between yourselves, in writing or by clear conduct, and claims over property you actually hold jointly. These are argued like any other contract or property dispute rather than as family-law entitlements, and they turn on what can be proved.
One qualification runs the other way and matters. A common-law marriage validly formed in a state that does create them — Colorado, Iowa, Kansas, Montana, Oklahoma, Rhode Island, Texas or Utah — is generally recognised elsewhere. A couple who met that state's test while living there, and later moved here, are married, and separating means divorcing. Children are unaffected either way: custody and child support are decided on the same basis whether or not the parents married.
1) Confirm residency: make sure at least one spouse has met the six-month Florida residency requirement before filing. 2) Start your financial affidavit early — pull pay stubs, tax returns, and account statements now, since you'll need them regardless of how the case proceeds. 3) If you're claiming nonmarital property, gather the tracing documents (opening statements, deposit records) that show it stayed separate from marital funds. 4) If there are minor children, register for the parenting course as soon as the case is filed rather than waiting until it's the last thing blocking your final judgment. 5) Get at least one consultation with a Florida family lawyer to understand how equitable distribution and alimony factors are likely to apply to your specific facts — 'equitable' is not a formula, and local practice varies by circuit.
One spouse must have lived in Florida for at least the 6 months before filing, provable with a Florida driver's license, ID card, or voter registration issued at least 6 months prior. You'll also state the marriage is irretrievably broken — Florida is a no-fault state, so you don't need to prove wrongdoing.
If you and your spouse agree on the divorce and on dividing everything, have no minor or dependent children, no pregnancy, and neither wants alimony, you can use the faster Joint Petition for Simplified Dissolution of Marriage (Form 12.901(a)). Otherwise, use the standard Petition for Dissolution of Marriage (Form 12.901(b)(1)-(3)).
At minimum you'll need the appropriate Petition for Dissolution of Marriage, a Family Law Financial Affidavit (short Form 12.902(b) if income is under $50,000/year, otherwise the long Form 12.902(c)), and a Family Court Cover Sheet. If you have minor children, add a parenting plan and child support guidelines worksheet.
File in the county where you or your spouse lives. Pay the filing fee (the amount varies by county) or file an Application for Determination of Civil Indigent Status if you can't afford it.
In a standard (non-simplified) case, your spouse must be formally served with the petition and summons, typically through the sheriff's office or a certified process server. In the Joint Simplified Dissolution, both spouses sign and appear together, so formal service isn't needed.
Both spouses generally must exchange financial affidavits and supporting documents (pay stubs, tax returns, account statements) under Florida Family Law Rule of Procedure 12.285, unless you qualify for a simplified/uncontested exemption.
Florida law (Fla. Stat. §61.21) requires parents in a dissolution with minor children to complete a DCF-approved Parent Education and Family Stabilization Course, generally within 45 days of filing or being served, and file proof of completion before final judgment.
Most divorces resolve through a Marital Settlement Agreement covering property, debt, and (if applicable) parenting and support. Contested issues may require mediation or a trial before a family law judge.
At the final hearing, the judge reviews your paperwork and agreement (or hears contested issues) and, once at least 20 days have passed since filing, signs the Final Judgment of Dissolution of Marriage, which legally ends the marriage.
Not automatically. Florida is an equitable distribution state, meaning the division should be fair, which often lands near equal but can shift based on each spouse's circumstances and contributions. Confirm with a local family lawyer how this applies to your assets.
In nearly every case involving money, support, or property, yes. Florida requires a sworn Financial Affidavit — a short form for lower incomes and a long form above $50,000 in gross annual income — as part of mandatory disclosure.
Yes. Florida requires parents in any dissolution case with minor children to complete the state's Parent Education and Family Stabilization Course before a final judgment can be entered, regardless of whether the parents agree on custody terms.
No. Florida law does not provide for legal separation, so there is no court status to apply for. Spouses who want to live apart without divorcing generally sign a separation agreement, which is a contract between them rather than a court order. It can cover support, the family home and parenting. Until a divorce is finalised you remain married, so confirm what that means for property in your situation before relying on living apart.
No. Florida does not create common-law marriage, and living together for any length of time gives neither partner property division nor spousal support. Unmarried partners rely instead on agreements between themselves and on claims over jointly held property, argued as ordinary civil matters. One important exception: a common-law marriage validly formed in a state that does create them — such as Colorado, Iowa, Kansas, Montana, Oklahoma, Rhode Island, Texas or Utah — is generally recognised here, so that couple would need a divorce. Custody and child support apply regardless of marriage.
If you are in immediate danger, call 911. For support with domestic violence, contact Florida's statewide 24/7 hotline at 1-800-500-1119. Nationally you can also reach the National Domestic Violence Hotline at 1-800-799-7233, or text START to 88788 if a call is not safe. For a mental health crisis, call or text 988.
Last reviewed August 2026. Researched and written by Neta, founder of SortMyDivorce. I am not a lawyer and this is not legal advice — laws, fees and forms change, so please confirm current details with the official sources above or a local family lawyer.
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