Divorce is one of the hardest things a person goes through, and the legal side can feel like a foreign language on top of the heartbreak. You don’t have to understand all of it on day one. You need someone who does, and a clear sense of what’s actually ahead. Here’s the plain-English version of how divorce works in Florida.
Florida is a no-fault state
You don’t have to prove your spouse did something wrong to get divorced. In Florida, you only have to show the marriage is “irretrievably broken,” which is the law’s way of saying it can’t be fixed. No airing of grievances, no assigning blame just to end the marriage. The legal name for it is a dissolution of marriage, and when it’s final, each of you is legally single again.
First, can you file here?
To file for divorce in Florida, at least one spouse has to have lived in the state for six months before the case is filed. That’s the threshold. Meet it, and a Florida court can hear your case.
What a divorce actually decides
A divorce untangles two lives. Depending on your situation, that can mean sorting out property, your children, and support.
Dividing what you built. Florida splits marital property and debt through what’s called equitable distribution. The court starts from the idea that an even split is fair and only moves off of that when the circumstances call for it. As a rule, what you owned before the marriage stays yours.
Your children. Florida doesn’t use the word “custody.” It talks about parental responsibility, who makes the decisions, and time-sharing, when the child is with each parent. The law now starts from the presumption that equal time-sharing and shared decision-making are best for the child, unless there’s a real reason that wouldn’t serve them. Everything here turns on the best interests of the child. If a move out of the area is on the table, our page on parental relocation walks through those rules.
Support. Two kinds can come up. Child support follows state guidelines built around each parent’s income and the time-sharing schedule. And spousal support, or alimony, may apply depending on need, ability to pay, and how long you were married.
Agree on some of it? Most people do.
Not every divorce is a war. When both spouses agree on the terms, everything moves faster, calmer, and costs less. When you don’t, the court steps in to decide. Most cases sit somewhere in between, and a lot of our job is shrinking the list of fights down to the few that genuinely matter. If you and your spouse are already on the same page, ask us about an uncontested divorce.
One more thing worth raising early: if you signed a prenuptial or postnuptial agreement, it can shape how property and support get handled, so bring it to your first meeting.
How we help
We walk you through every step, from the first filing to the final judgment, and we keep you focused on what matters: your kids, your finances, and your footing for what comes next. We push hard for a fair settlement where that serves you, and we’re ready to litigate where it doesn’t.
Have questions about your family law case? Read our Family Law FAQ.