Florida Divorce Requirements What You Need to Know

Understanding Florida divorce requirements can help you prepare for the legal process, gather the necessary documents, and identify the issues that must be resolved before your marriage can be dissolved. Florida law addresses residency, the grounds for divorce, financial disclosures, property and debt division, and arrangements for children. The requirements that apply to your case depend on your circumstances and whether you and your spouse agree on the terms of your divorce.

Chapter 61 of the Florida Statutes governs dissolution of marriage in Florida. Steven D. Miller, P.A. and his team help clients understand the legal process and navigate divorce matters throughout the state.

Contact Steven D. Miller, P.A. to discuss your situation and learn about your available options.

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What Are the Requirements for Divorce in Florida?

Florida divorce requirements generally include the following:

1. One Spouse Must Meet Florida’s Residency Requirement

At least one spouse must have resided in Florida for six months immediately before filing the divorce petition. It does not matter which spouse meets this requirement.

Residency can be established through evidence such as a valid Florida driver’s license, Florida identification card, voter registration record, or testimony from a qualified witness. The exact documentation and procedure depend on the circumstances of your case.

Florida law sets out this requirement in Section 61.021 of the Florida Statutes .

2. The Marriage Must Meet Florida’s Grounds for Dissolution

Florida follows a no-fault divorce system. The usual legal ground for dissolution is that the marriage is irretrievably broken. Either spouse may file for divorce, and the filing spouse does not generally have to prove that the other spouse caused the marriage to end.

The circumstances surrounding the breakdown of the marriage may still be relevant to certain issues, including alimony, equitable distribution, and parenting matters.

Learn more about how to file for divorce in Florida .

3. Financial Disclosure Requirements Must Be Addressed

Divorce cases involving financial relief generally require the parties to exchange specified financial information and complete the appropriate financial affidavits. Florida’s financial disclosure rules contain deadlines and exceptions that may apply depending on the case.

Financial information can help establish the marital assets, liabilities, income, expenses, and other financial matters relevant to the divorce. Parties should not assume that financial disclosures can simply be skipped because they agree on the terms of their divorce.

4. A Marital Settlement Agreement May Resolve Financial and Other Issues

If you and your spouse agree on the terms of your divorce, you may be able to document those terms in a Marital Settlement Agreement. Depending on your circumstances, the agreement may address property and debt division, alimony, and other financial issues.

When minor or dependent children are involved, the parties must also address parenting arrangements and child support. A Parenting Plan is required in cases involving minor or dependent children, and the court must approve an agreed plan or establish one when the parents cannot agree.

Learn more about Marital Settlement Agreements in Florida .

5. Marital Property and Debts Must Be Addressed

Florida follows an equitable distribution system for dividing marital assets and liabilities. Equitable distribution does not automatically mean that every asset or debt will be divided equally. The court considers applicable statutory factors when determining distribution.

Marital assets and liabilities may include:

Real estate and other property
Vehicles
Bank accounts and investments
Retirement accounts and pension benefits
Business interests
Mortgages and other loans
Credit card balances and other debts

The classification of property as marital or nonmarital can affect how it is handled in a divorce. Assets and liabilities should be identified and evaluated as part of the financial process.

For questions about property-related divorce matters, visit our Florida Property Issues Divorce Attorney page.

6. Parenting Plans and Child Support Apply When Children Are Involved

When a divorce involves minor or dependent children, the parents must address parenting responsibilities, time-sharing, and child support. A Parenting Plan covers arrangements such as the child’s schedule and parental decision-making responsibilities.

Child support is determined under applicable Florida law and guidelines. The parties’ agreement must still comply with legal requirements, and the court retains authority to address child-related matters.

Learn more about Florida child support and Florida child custody .

7. Mediation May Help Resolve Disputed Issues

Mediation is a process in which a neutral third party helps spouses work toward an agreement on disputed divorce issues. It may address matters such as property division, financial support, and parenting arrangements.

If you and your spouse reach an agreement, the terms can be submitted to the court for consideration. If you cannot resolve the issues, the court may need to determine them through the appropriate legal process.

The availability, cost, and requirements for mediation may vary by county and case circumstances. Ask about the applicable procedures before relying on a specific mediation service.

8. Domestic Violence May Affect the Divorce Process

If you are experiencing domestic violence, repeat violence, sexual violence, or concerns about your safety, consider contacting your local domestic violence organization or the family law clerk’s office for information about available resources and legal procedures. Safety concerns may affect arrangements for communication, parenting, and other aspects of the case.

If you are in immediate danger, contact emergency services.

When it’s time to leave . . . Call Steve.

Divorce and family law issues do not have to be overwhelming. Steven D. Miller, P.A. helps clients understand their legal options, address the issues in their cases, and move through the divorce process with straightforward guidance.

Our approach focuses on clear communication, practical information, and legal services tailored to the needs of each client.

Steven D. Miller, P.A.

Florida Divorce Attorneys

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Uncontested Divorce in Florida

An uncontested divorce may be an option when both spouses agree on the issues that must be resolved. However, reaching an agreement does not eliminate the need to comply with applicable filing requirements, financial disclosure rules, and court procedures.

A lawyer’s role includes explaining the law, identifying issues that need attention, and helping clients understand the potential legal consequences of their decisions. You should ask questions about your case and make sure you understand the answers before signing agreements or making important decisions.

Every divorce has its own circumstances. Property ownership, financial obligations, children, support, and other factors can affect the steps required to complete the case. Legal advice should be based on the specific facts of your situation.

Steven D. Miller, P.A. offers a free consultation. Contact the office to discuss your questions.

Steven D. Miller, P.A.

With over three decades of experience, Steven D. Miller is a Florida family law attorney who focuses on straightforward legal guidance and affordable, flat-fee divorce services. Based in Plantation, Florida, he helps clients navigate divorce and related family law matters throughout the state.

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Practice Areas We Manage in Plantation, FL

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