How do I file for divorce in Florida?

Florida divorce is called 'dissolution of marriage' under Chapter 61, Florida Statutes.

1. Residency Requirements — At least one spouse must have resided in Florida for 6 months before filing, proven by a driver's license, voter registration, or witness affidavit.

2. No-Fault Grounds — Florida recognizes only two grounds: irretrievable breakdown of the marriage, or mental incapacity of a spouse for at least 3 years.

3. Required Forms — File the Petition for Dissolution of Marriage (Form 12.901(b)(1) for no children/property, 12.901(b)(2) with property, or 12.901(b)(3) with children). A Family Law Financial Affidavit (12.902) and Notice of Social Security Number are also required.

4. Filing Fee — Approximately $408–$415 depending on county. Indigency applications available.

5. Service of Process — Sheriff or certified process server delivers the petition. The respondent has 20 days to file an answer.

6. Waiting Period — Florida imposes a 20-day waiting period from the filing date before a final hearing can be held.

7. Property Division — Florida is an equitable distribution state. Marital assets and debts are divided fairly — not always equally. Courts consider contributions, duration of the marriage, and economic circumstances.

8. Simplified Dissolution — If both spouses agree, have no minor children, and neither seeks alimony, you may use the simplified dissolution procedure.

9. Final Judgment — A Final Judgment of Dissolution of Marriage entered by the court ends the marriage.

This is legal information, not legal advice.