Florida dissolution of marriage explained: the 6-month residency rule, the Petition, mandatory financial affidavits, the simplified option, and the 20-day wait.
Disclaimer: This article provides general educational information about Florida divorce procedure and is not legal advice. Court rules and forms change, and individual situations vary. Verify current requirements with your county clerk of court or consult a licensed Florida attorney.
In Florida, divorce is called dissolution of marriage. The state uses standardized Florida Supreme Court family law forms, offers a fast "simplified" track for couples who fully agree, and imposes only a short 20-day waiting period. The single most common reason cases stall is the mandatory financial affidavit — skip it and the judge can't enter a judgment.
At least one spouse must have resided in Florida for the 6 months immediately before filing. You'll typically prove this with a Florida driver's license, ID card, or voter registration card, or the corroborating testimony or affidavit of a witness.
Florida is a no-fault state. The standard ground is that the marriage is irretrievably broken. (A second ground — mental incapacity of a spouse for at least three years — is rarely used.) You don't allege or prove wrongdoing.
Florida offers a Simplified Dissolution of Marriage if all of the following are true:
If you don't qualify, you use the regular dissolution process (Petition for Dissolution of Marriage — with or without dependent children or property).
The core opening form is the Petition for Dissolution of Marriage (Florida Family Law Form 12.901 series). File it with the clerk of the circuit court in your county. The filing fee is roughly $408, with a fee waiver (affidavit of indigency) available if you qualify.
If your spouse doesn't sign and file an Answer and Waiver of Service, you must have them formally served through the sheriff or a certified process server, who files a return of service. The respondent then has 20 days to file an answer.
This step is required in nearly every Florida divorce and is the most commonly missed:
Simplified dissolutions are exempt from some disclosure, but the financial affidavit is still required in standard cases. An incomplete or inaccurate financial affidavit can delay your case or expose you to later challenges.
If you have minor children, Florida requires a Parenting Plan addressing time-sharing and parental responsibility, plus a Child Support Guidelines Worksheet (Form 12.902(e)). Many counties also require a state-approved parent education and family stabilization course before the judgment.
Florida imposes a 20-day waiting period from the date of filing before a Final Judgment of Dissolution of Marriage can be entered (the court can waive it only in limited circumstances). In an uncontested or simplified case, you attend a brief final hearing and the judge signs the Final Judgment, which legally ends the marriage.
Florida divides marital assets and debts equitably — which starts from a presumption of equal but allows adjustment for fairness. Nonmarital property (owned before marriage or received by gift or inheritance) generally stays separate. Retirement and pensions earned during the marriage are marital and may require a QDRO.
❌ Filing before meeting the 6-month residency requirement ❌ Forgetting the Family Law Financial Affidavit ❌ Missing the parenting course deadline (cases with children) ❌ Assuming "simplified" applies when alimony or children are involved ❌ Not finalizing the time-sharing schedule in the parenting plan
Q: How long does a divorce take in Florida? A: An uncontested or simplified dissolution can finish in roughly 4–6 weeks after the 20-day waiting period; contested cases take much longer.
Q: Do I need a lawyer for a Florida divorce? A: No. Florida publishes standardized self-help forms and many people complete uncontested divorces on their own. Complex assets, custody disputes, or alimony make a lawyer worthwhile.
Q: What's the difference between simplified and regular dissolution? A: Simplified is faster and cheaper but requires no children, no alimony, full agreement, and both spouses at the hearing. Regular dissolution covers everything else.
Q: Can I file for divorce in Florida if I got married in another state? A: Yes. Where you married doesn't matter — only that one spouse meets Florida's 6-month residency requirement.
Q: How much does it cost to file? A: The filing fee is about $408, plus service costs. A fee waiver is available based on income.
We generate the Florida-specific documents an uncontested or simplified dissolution needs — petition support, the Family Law Financial Affidavit, and a court-ready judgment package — formatted for Florida's circuit courts. We don't provide legal advice or file for you.
Save time and money with our AI-powered platform. Professional documents in minutes.
Get Started Now