Divorce in Florida — the plain-English overview

Florida calls divorce a dissolution of marriage, and the state retired the word "custody" from its statutes years ago. The rules below shape almost every decision in a Florida divorce. None of this replaces talking to a Florida family-law attorney about your specifics, but knowing the starting framework helps you read your own paperwork.

Where you file

Florida divorces are filed in the Circuit Court of the county where either spouse has lived. The 6-month state residency must be proven (Fla. Stat. § 61.021) — typically with a Florida driver’s license, voter registration, or testimony from a corroborating witness who can confirm your time in the state.

You start the case by filing a Petition for Dissolution of Marriage in the appropriate Circuit Court. Florida’s Supreme Court publishes a standard family-law form set; the Florida Courts website (flcourts.gov) hosts the forms and instructions.

How long it takes

Florida has a 20-day minimum between filing and when the court can enter a final judgment, paired with a no-fault "irretrievably broken" grounds standard (Fla. Stat. § 61.052). This is much shorter than California’s six months or Texas’s sixty days — but in practice, very few Florida divorces actually finalize at the 20-day mark.

Contested cases routinely take six months to over a year. If kids are involved, both parents must also complete a state-approved Parent Education and Family Stabilization Course before the divorce can be finalized.

Property — what state law assumes

Florida is an equitable distribution state. Marital property is presumed to be divided equally — but a judge can deviate from a 50/50 split based on factors including the length of the marriage, each spouse’s economic circumstances, contributions to the marriage (including as homemaker), and intentional dissipation of marital assets (Fla. Stat. § 61.075).

Florida law also recognizes that some assets become partially marital and partially separate over time — for example, a pre-marriage retirement account that grew through marital contributions. Sorting out which portion is which is a common point of contention.

Custody — the starting framework

Florida deliberately got rid of "custody" terminology. The state’s framework uses two concepts instead:

• Parental responsibility — equivalent to legal custody. The default is shared parental responsibility, where both parents make major decisions together. Sole parental responsibility is unusual and generally reserved for cases involving abuse, neglect, or serious dysfunction.
• Time-sharing — equivalent to physical custody. Set in a parenting plan that lays out the day-to-day, weekly, and holiday schedule. As of 2023, Florida law includes a rebuttable presumption that equal time-sharing is in the best interests of the child (Fla. Stat. § 61.13); a party arguing for a non-equal schedule has the burden of showing why it would serve the child better.

The parenting plan is its own document, separate from the divorce decree. Florida courts will not approve a divorce involving minor children without an approved parenting plan, and the plan must address decision-making authority, time-sharing schedule, transportation arrangements, communication between parents, and how disagreements get resolved.

Filing fees and fee waivers

The standard filing fee for a Florida dissolution petition is approximately $408–$420, depending on the county. The responding spouse pays a separate fee (around $300 in most counties) when they file their answer.

If you can’t afford the fee, Florida lets you file an Application for Determination of Civil Indigent Status (Fla. Stat. § 57.082). If granted, the clerk of court waives the filing fees. The form is available on the Florida Courts website and asks for income, household size, and assets.

What this page can’t tell you

Florida has 67 counties spread across 20 judicial circuits, and circuit-level practice varies meaningfully:

• Whether your circuit requires mediation before a final hearing (many do for contested matters).
• Local administrative orders on top of the statewide Florida Family Law Rules of Procedure.
• The specific parent-education provider your county accepts.
• Whether your case is heard by a circuit judge or a general magistrate.

The Florida Courts Self-Help Center (flcourts.gov/Resources-Services/Office-of-Family-Courts/Family-Law-Self-Help-Information) is the authoritative source for forms and statewide procedure. For anything strategic — especially around time-sharing, alimony, or business interests — talk to a Florida family-law attorney.

Statutes referenced

• Residency — Fla. Stat. § 61.021
• No-fault grounds & 20-day minimum — Fla. Stat. § 61.052
• Equitable distribution — Fla. Stat. § 61.075
• Time-sharing & parental responsibility — Fla. Stat. § 61.13
• Indigent civil-filer status — Fla. Stat. § 57.082

These are the controlling statutes for the facts on this page. State law changes; the linked text always reflects current law.