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Florida Divorce Laws
We only provide this information as a courtesy. This is not meant to replace legal advice.
One spouse must be a resident and have been a resident for at least 6 months prior to filing for divorce.
The Divorce can be filed in either county where the spouse resides.
No-Fault: Irretrievable breakdown of the marriage.
Legal Separations are not filed in Florida. You can, however, file for spousal or child support.
If both parties agree to the divorce and there are no minor children, a simplified divorce may be filed. Both parties will need to go to the court to file a simplified divorce.
All Florida family law cases must be filed on court approved, state mandated forms.
If both parties cannot agree on how to divide the marital property, the court will decide based on equitible distribution. Both parties may sign a Marital Settlement Agreement which stipulates how they want the property to be divided.
Fault in a divorce or marital conduct does not play a role in equitible distribution in Florida.
Parties may agree on child custody, either joint custody (shared parenting) or sole custody. If the parties cannot agree on custody issues, the court will decide what is in the best interest of the children.
Florida has child support guidelines. If the parties agree on a child support amount and it deviates from these guidelines, a special form must be filed asking the court to grant the deviation.
If parties cannot agree on a child support amount, the court will decide, using the Florida Child Support Guidelines.
Factors including healh and dental insurance, child care costs, and extraordinary medical costs will be factored into these calculations.
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