How the Florida divorce process works
A step-by-step account of a dissolution of marriage in Broward, Miami-Dade, and Palm Beach counties — from the petition through the final judgment.
Quick answer
A Florida divorce begins when one spouse files a petition for dissolution of marriage in the circuit court of the county where either spouse resides, after at least six months of Florida residency. The other spouse has 20 days to respond. Both parties must exchange mandatory financial disclosure, attend mediation in most circuits, and either settle or try the case. An uncontested divorce can conclude in roughly 4 to 12 weeks; a contested case commonly takes 8 to 18 months.
The ten stages of a Florida dissolution
1. Confirm residency and grounds
One spouse must have resided in Florida for at least six months before filing (Fla. Stat. § 61.021). Florida is a no-fault state: the only grounds required are that the marriage is irretrievably broken, or the mental incapacity of a spouse.
2. File the petition for dissolution of marriage
The petition is filed in the circuit court for the county of residence — the 17th Judicial Circuit in Broward, the 11th in Miami-Dade, the 15th in Palm Beach. It states what relief is requested: equitable distribution, timesharing and parental responsibility, child support, alimony, and fees.
3. Service and response
The other spouse is served and has 20 days to file an answer, and any counterpetition. A spouse who does not respond risks a default judgment on the terms requested in the petition.
4. Mandatory disclosure
Within 45 days of service, both parties must exchange a financial affidavit and the documents required by Florida Family Law Rule 12.285 — tax returns, pay records, bank and brokerage statements, deeds, loan applications, and business records. Complex cases add appraisals, valuations, and forensic accounting.
5. Temporary relief, if needed
Either party may ask the court for temporary timesharing, temporary support, exclusive use of the home, or fees while the case is pending. Temporary orders are decided at an evidentiary hearing and govern until the final judgment.
6. Discovery
Interrogatories, requests for production, depositions, and subpoenas fill gaps in disclosure. In high-asset cases this stage carries the most weight, because classification and valuation of assets are decided on the evidence developed here.
7. Parenting plan and, where children are involved, a parenting course
Parents must file a parenting plan addressing timesharing, decision-making, and communication (Fla. Stat. § 61.13). Both parents must complete a court-approved parent education and family stabilization course before the final judgment.
8. Mediation
Most South Florida circuits require mediation before a case is set for trial. Mediation is confidential; a signed mediated settlement agreement is binding and is typically ratified by the court.
9. Trial
Issues not resolved at mediation are tried to a judge — there is no jury in a Florida dissolution. The court makes written findings on equitable distribution, support, and timesharing.
10. Final judgment, and what follows
The final judgment dissolves the marriage and incorporates the settlement or the court's rulings. Appeals must be filed within 30 days of rendition. Support and timesharing remain modifiable on a substantial change in circumstances; equitable distribution generally does not.
Common questions about the Florida divorce process
How long does a divorce take in Florida?
An uncontested divorce with full agreement commonly finishes in 4 to 12 weeks after filing. A contested case with financial discovery and a trial setting typically runs 8 to 18 months, and longer where a business valuation or custody evaluation is required.
Is there a waiting period for divorce in Florida?
Florida imposes no separation requirement, but a court cannot enter a final judgment of dissolution until at least 20 days after the petition is filed, except where the court finds injustice would result from the delay.
Do both spouses have to agree to the divorce?
No. Florida is a no-fault state. If one spouse testifies the marriage is irretrievably broken, the court may dissolve it even if the other spouse disagrees.
What is mandatory disclosure in a Florida divorce?
Florida Family Law Rule 12.285 requires both parties to exchange a sworn financial affidavit and a defined list of financial documents within 45 days of service, without waiting for a discovery request. Failure to comply can result in sanctions.
Do I have to go to court to get divorced in Florida?
Most cases settle at or before mediation and require only a brief final hearing, and in some circuits none at all when the case proceeds by affidavit. A trial is required only for issues the parties cannot resolve.
How much does a divorce cost in Florida?
Cost is driven by the number of contested issues and the discovery required, not by the filing fee. Uncontested matters resolve for a fraction of the cost of a case requiring business valuation, forensic accounting, or a custody evaluation.
Related reading: Divorce, mediation vs. collaborative vs. litigation, and complex and high-net-worth divorce.
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