Deciding to end a marriage is rarely a sudden or simple choice. By the time most people start researching the divorce process, they’ve already been thinking about it for a long time — weighing the emotional weight of the decision, thinking about the children, worrying about finances, and wondering what their life will actually look like on the other side.
If you’re at that point now, this post is meant to give you a grounded, honest overview of what the Florida divorce process involves — not to rush you toward any decision, but to make sure that if you do move forward, you’re doing so with a clear picture of what to expect.
Knowledge helps. And in a process this significant, starting informed is one of the most important things you can do.
Florida Calls It a “Dissolution of Marriage” — Here’s Why That Matters
In Florida, divorce is legally referred to as a dissolution of marriage. The terminology isn’t just semantic — it reflects the way Florida approaches the process: as a legal unwinding of a contract, rather than an adversarial fault-finding proceeding.
Florida is a no-fault divorce state. Under Florida Statute § 61.052, you do not need to prove that your spouse did anything wrong to obtain a divorce. The only ground required is that the marriage is “irretrievably broken” — meaning there is no reasonable likelihood of reconciliation. This keeps the process focused on resolution rather than blame, which is often better for everyone involved, especially children.
Do You Meet Florida’s Residency Requirement?
Before you can file, there is one threshold requirement to confirm: at least one spouse must have lived in Florida for a minimum of six months immediately before filing.
This requirement comes from Florida Statute § 61.021. You will need to provide documentation to the court confirming you meet it — typically a Florida driver’s license, a voter registration card, or a Florida ID issued at least six months prior to filing. If you recently moved to Florida, or if your spouse lives in another state, it’s worth talking with an attorney before filing to make sure the timing and jurisdiction work in your favor.
Where Do You File?
Florida divorce cases are filed in the Circuit Court, Family Division, in the county where either spouse currently resides. For most of our clients, that means filing in Pinellas County, Hillsborough County, or a neighboring county in the Tampa Bay area.
You file in the county where you or your spouse lives — not necessarily where you were married. If you and your spouse live in different counties, there may be some flexibility in where you file, and an attorney can help you evaluate which venue makes the most sense given your circumstances.
Two Types of Divorce in Florida: Simplified vs. Regular Dissolution
Florida offers two paths for dissolution, and understanding which one applies to your situation matters from the very beginning.
Simplified Dissolution of Marriage is available only when both spouses agree on everything, there are no minor children and no pregnancy, neither party is seeking alimony, and both spouses are willing to appear in court together for the final hearing. It is a faster and less expensive process, but it requires complete agreement from the start.
Regular Dissolution of Marriage is required in all other cases — including any case involving minor children, disputed assets or debts, spousal support, or any issue where the parties cannot reach full agreement. The vast majority of divorces go through the regular process.
If you’re not sure which applies to you, that’s worth clarifying early. Even cases that seem straightforward can involve complexities that make simplified dissolution unavailable.
If Children Are Involved: Parenting Plans and Time-Sharing
For many people, the question of what happens to the children is the most important — and most emotionally charged — part of the entire process.
Florida law does not use the terms “custody” or “visitation.” Instead, the law requires that all divorces involving minor children result in a Parenting Plan — a detailed document that establishes how parents will share time with their children and how major decisions about the children’s lives will be made.
Under Florida Statute § 61.13, parenting plans must address:
- The day-to-day time-sharing schedule, including holidays and school breaks
- Education decisions, healthcare, extracurricular activities, and childcare
- How parents will communicate about the children
- Which parent the child primarily resides with and when
Florida courts make parenting decisions based on the best interests of the child standard, considering a range of factors including each parent’s relationship with the child, the child’s school and community ties, and each parent’s ability to support the other’s relationship with the child.
If you and your spouse can agree on a parenting plan, the court will typically approve it. If you cannot agree, a judge will determine the arrangement after a hearing. You can learn more about how Florida parenting plans work on our Child Custody & Visitation page.
Division of Assets and Debts: What “Equitable” Actually Means
Florida follows the principle of equitable distribution when dividing marital assets and debts. Under Florida Statute § 61.075, the court begins with the presumption that marital assets and liabilities should be divided equally — but “equitable” does not always mean “equal.”
A judge can deviate from a 50/50 split based on factors such as:
- Each spouse’s financial and non-financial contributions to the marriage
- The length of the marriage
- Each spouse’s economic circumstances
- Whether one spouse contributed to the other’s career or education
- The desirability of keeping the marital home for the benefit of the children
- Whether either spouse intentionally wasted or depleted marital assets
It’s also important to understand the difference between marital property and non-marital property. Generally speaking, assets acquired during the marriage are considered marital property subject to division. Assets owned before the marriage, or received as gifts or inheritances, may be treated as non-marital — but this can get complicated quickly, especially when assets have been commingled over the years.
This is one of the areas where having legal guidance early can make a significant financial difference. Decisions made at the start of the process — and documentation gathered from the beginning — affect what the final outcome looks like.
Spousal Support (Alimony) in Florida
Whether alimony will be part of your divorce depends on a number of factors, including the length of the marriage, each spouse’s earning capacity and financial resources, and the standard of living established during the marriage.
Florida law changed significantly in 2023 with the passage of HB 1409, which eliminated permanent alimony and restructured how courts approach spousal support. Under current law, alimony awards are intended to be rehabilitative or bridge-the-gap in nature — designed to help a spouse transition to financial independence — rather than open-ended obligations.
Not every divorce involves alimony. But if it’s a factor in your situation, it’s an area where the specific facts of your marriage matter considerably.
Financial Disclosure Is Required
Regardless of how amicable the divorce may be, Florida law requires both parties to provide full financial disclosure — a mandatory exchange of documents covering income, assets, debts, and expenses.
This process is governed by Florida Family Law Rule of Procedure 12.285 and applies to virtually all divorce cases. It is not optional, and attempting to conceal or misrepresent financial information in this process carries serious legal consequences.
Gathering your financial records early — tax returns, bank statements, retirement account statements, mortgage documents, and pay stubs — is one of the most practical things you can do to prepare.
How Long Does a Florida Divorce Take?
Florida law imposes a mandatory 20-day waiting period from the date of filing before a judge can enter a final judgment of dissolution. In practice, most divorces take considerably longer.
An uncontested divorce — where both spouses agree on all issues — can often be finalized within a few months. A contested divorce that requires court hearings or a trial can take a year or more, depending on the complexity of the issues and the court’s schedule.
The single biggest factor in how long a divorce takes — and how much it costs — is whether the parties can reach agreement on the major issues. Mediation is commonly used in Florida to help parties resolve disputes without going to trial, and it is often required before a contested case can be set for hearing.
What to Do Before You File
If you are considering filing for divorce, or believe your spouse may file, here are some practical steps worth taking early:
Gather your financial records. Collect recent tax returns, bank and investment account statements, retirement account information, mortgage documents, and any records of significant assets or debts.
Document what you own — and what you owe. Make a list of all assets and liabilities you are aware of, including vehicles, real estate, business interests, and credit card balances.
Understand your income picture. Know your monthly income and expenses, and if possible, gather the same information about your spouse’s financial situation.
Think carefully about the children. If children are involved, begin thinking through what a realistic, child-focused parenting arrangement might look like — one that reflects your children’s actual schedule, school, and needs.
Talk to an attorney before you file. Even if you’re not sure you’re ready to move forward, a consultation with a family law attorney can help you understand what the process involves, what your rights are, and what decisions you may face. Most attorneys, including our firm, offer free initial consultations for this reason.
A Note on Where to Find Additional Resources
Florida’s court system provides publicly available resources for those navigating the divorce process. The Florida Courts website includes information about family court procedures, and the Florida Legislature’s website allows you to read the statutes referenced in this post directly.
For Pinellas County specifically, filings are handled through the Pinellas County Clerk of Court, which provides information about forms, fees, and local procedures.
Every Situation Is Different
This post covers the general framework of the Florida divorce process — but the details of your situation matter enormously. The length of your marriage, whether children are involved, the nature and complexity of your marital assets, and whether your spouse is cooperative or adversarial will all shape how the process unfolds for you specifically.
If you have questions about how Florida divorce law applies to your circumstances, or if you’re ready to talk through your options with an attorney, we’re here to help. The Law Offices of Kerya L. Koeut, P.A. serves families in St. Petersburg, Pinellas County, Clearwater, Tampa, and throughout the Tampa Bay area.
Schedule a free consultation to speak with Attorney Koeut directly.
Related Reading
- Divorce Attorney in Florida — An overview of how our firm approaches divorce representation
- Child Custody & Visitation in Florida — How parenting plans and time-sharing work
- Child Support in Florida — How Florida calculates and enforces child support
- Modification & Enforcement of Orders — What happens when circumstances change after a final order