Thinking about divorce can feel overwhelming, but knowing the exact steps in the state of Florida makes the process more manageable. This guide walks through Florida’s divorce process (dissolution of marriage), including timelines, filing fees, options for uncontested divorces, how a settlement agreement works, when courts may award attorney fees or an alimony award, and how Florida treats separate property (non-marital or pre-marital property) in divorce cases. If you’ve lived in Florida at least six months and you’re ready to move forward, the outline below will help you prepare and avoid common missteps.
Table of Contents
Florida Basics — Residency, Grounds & Where to File for a Divorce in Florida
Residency requirement (lived in Florida): At least one spouse must have lived in Florida for a minimum of six months before filing. Acceptable proof often includes a Florida driver’s license, voter registration, or sworn testimony.
Grounds: Florida is a no-fault state. You generally need only state that the marriage is irretrievably broken.
Pre-Filing Checklist
- Gather IDs and proof you lived in Florida for≥ 6 months.
- List marital assets/debts and potential separate property (pre-marital assets, inheritances, gifts).
- Collect income documents (W-2s/1099s), last 6–12 months of bank/credit statements, retirement statements, and mortgage/auto docs.
- Think through parenting/time-sharing preferences (if applicable).
Types of Divorce Cases in Florida
Uncontested Divorces (fastest route)
An uncontested case means you’ve agreed on all major issues, parenting, support, property/debt division, and any alimony award. Courts can finalize these quickly, and total costs are often lower. Many firms offer a flat fee for truly uncontested matters. Your final settlement agreement becomes part of the judge’s Final Judgment.
Contested Divorces (when you can’t agree)
If one or more terms are disputed, the case moves through discovery, mediation, and possibly trial. Contested divorce cases take longer and cost more, and the court may consider requests for temporary support or attorney fees based on need and ability to pay.
Simplified Dissolution
Available in limited situations (no minor children, no request for alimony, full agreement on everything, and both spouses attend the final hearing). It’s a streamlined path for qualifying couples in the state of Florida.
Step-by-Step — The Florida Divorce Process
Step 1 — File the Petition & Pay Filing Fees
The Petitioner files a Petition for Dissolution and pays the court’s filing fees (plus service costs). The petition states the marriage is irretrievably broken and may request temporary relief (exclusive use of the home, support, or temporary attorney fees).
Step 2 — Service of Process & Response
A sheriff or process server delivers the papers. The Respondent typically has 20 days to answer and may file a Counter-Petition. If your spouse can’t be found, “constructive service” by publication may be available in some divorce cases (talk to an attorney about how this affects property claims).
Step 3 — Mandatory Disclosures & Discovery
Both sides exchange a Florida Family Law Financial Affidavit and supporting documents (tax returns, pay stubs, bank/retirement statements, etc.). Formal discovery (interrogatories, requests for production, depositions) clarifies income, assets, liabilities, potential separate property, and support needs—key inputs for any alimony award, settlement agreement, or trial strategy.
Step 4 — Mediation & Settlement Agreement
Courts in the state of Florida commonly require mediation before trial. If you reach an agreement, your lawyers will draft a comprehensive marital settlement agreement (MSA) addressing property/debt division, parenting, child support, and any alimony award. A solid settlement agreement converts a contested matter into an uncontested divorce, saving time and expense.
Step 5 — Parenting Plan, Time-Sharing & Child Support
Parents must submit a Parenting Plan covering time-sharing and decision-making. Child support typically follows Florida guidelines, accounting for incomes, healthcare, and the number of overnights. Parenting terms are integrated into the settlement agreement or decided at trial.
Step 6 — Trial (If Needed)
If issues remain, a judge decides them at a non-jury trial. The court may consider awarding attorney fees based on need, ability to pay, and the equities of the case.
Step 7 — Final Judgment & Post-Judgment Tasks
The judge signs the Final Judgment, incorporating your settlement agreement if applicable. Afterward, complete title transfers, vehicle deeds, beneficiary updates, and retirement splits (e.g., QDROs when required). Confirm all automatic payments reflect the new obligations.
Property Division — Marital vs. Separate Property
Florida uses equitable distribution: a fair (not necessarily 50/50) division of marital assets and debts. In general:
- Marital property: Assets/debts acquired during the marriage (earnings, real estate, retirement accruals during marriage).
- Separate/Non-Marital property: Assets you owned before marriage, plus certain separate property like inheritances and gifts to one spouse; however, mixing (commingling) or using marital funds to enhance separate assets can convert or create a marital component.
Practical Tips to Protect Separate/Non-Marital Property
- Keep separate/non-marital property in accounts titled solely to the owning spouse, and avoid commingling with marital funds.
- Retain documentation (statements, closing docs, gift letters).
- Address disputed characterization in your settlement agreement to avoid later litigation.
Alimony Award after Divorce in Florida
Courts weigh factors such as length of marriage, standard of living, each spouse’s resources and earning capacity, contributions to the marriage, and child-care responsibilities. Depending on facts and current law, the court can order an alimony award (e.g., bridge-the-gap, rehabilitative, or durational). Spouses may also tailor support in a settlement agreement to fit their needs (amount, duration, modifiability).
Evidence That Helps
- Recent pay stubs, tax returns, and proof of expenses.
- Documentation of job history, health limitations, or re-training needs.
- A clear rehabilitative plan is needed if seeking short-term support to re-enter the workforce.
Costs, Attorney Fees, and Flat Fee Options
- Filing fees: Courts charge filing fees to open a case and for certain motions. Budget for service of process and required courses (e.g., parenting class).
- Attorney fees: In some divorce cases, a judge may order one spouse to pay or contribute to the other’s attorney fees based on need and ability to pay. Parties can also negotiate fee arrangements within a settlement agreement.
- Flat fee: For straightforward uncontested divorces, ask about a flat fee package with a clearly defined scope (drafting the settlement agreement, filing, and final hearing support).
Legal Separation in Florida
Florida does not recognize a formal legal separation status like some states. Many couples still live apart and address support/parenting through agreements or temporary court orders while they decide whether to file for divorce. If you’re unsure whether to file now or separate informally, a consult can clarify the pros/cons in the state of Florida.
Talk to a St. Petersburg Divorce Lawyer
Whether you’re ready for an uncontested divorce with a clear settlement agreement or expect a contested matter with discovery, mediation, and possible trial, our team can guide you.
Call Golden Key Law Group at (727) 317-4738 or request a consultation with a St. Petersburg divorce attorney today. We’ll review filing fees, timeline, potential attorney fees, and options for a fair alimony award and property division—so you can move forward with clarity in the state of Florida
FAQs
Uncontested timelines are usually shorter because you already have a signed settlement agreement. Scheduling and local court procedures still affect timing.
Possibly. Courts may shift attorney fees based on need and ability to pay, and may consider conduct that increases costs in divorce cases.
Filing fees vary by county and by filing type. Your attorney can provide current amounts and any related costs (service of process, parenting course, certified copies).
Separate property (non-marital assets and debts) generally remains with the owning spouse, but appreciation from marital efforts or commingling can create a marital component. Good records matter.
If you meet simplified criteria or you fully agree on every issue, ask about flat fee options for uncontested divorces.
At least one spouse must have lived in Florida for six months before filing in the state of Florida.
