How Do You File for Divorce in Florida?

Divorce is one of the most consequential decisions a person can make, and Florida’s process is not as simple as filling out a form and waiting for a judge to sign off. If you are in Orlando and wondering how to file for divorce in Florida, understanding each step before you begin can save you time, money, and serious legal mistakes.

Does Florida Require You to Meet a Residency Requirement First?

At least one spouse must have lived in Florida for six months before filing. Courts require proof, typically a Florida ID or voter registration.

Florida law under Section 61.021 of the Florida Statutes requires that one spouse be a resident of the state for at least six months before a dissolution of marriage petition can be filed. Residency can be established through a Florida driver’s license, state ID, or the testimony of a corroborating witness. Without meeting this threshold, the court will not have jurisdiction over your case.

For most Orlando residents, this is not a barrier. But if you recently relocated to Orange County or your spouse lives in another state, confirming residency status early prevents unnecessary delays.

What Are the Grounds for Divorce in Florida?

Florida is a no-fault divorce state. You only need to allege that the marriage is irretrievably broken — no proof of wrongdoing is required.

Under Florida Statutes Section 61.052, the grounds for dissolution of marriage are limited. You can file based on the marriage being irretrievably broken, or in cases where a spouse has been adjudicated mentally incapacitated for at least three years. Florida does not require either party to prove fault, such as adultery or abandonment, in order to obtain a divorce.

This matters because it removes the burden of proving bad behavior in court. The focus shifts entirely to dividing assets, determining parental responsibility, and resolving financial support.

How Do You Actually File the Paperwork?

Filing starts with submitting a Petition for Dissolution of Marriage to the circuit court in your county. In Orlando, that is the Orange County Clerk of Courts.

To initiate a divorce in Florida, the filing spouse (called the petitioner) submits a Petition for Dissolution of Marriage to the circuit court clerk in the county where either spouse resides. In Orlando, that means filing with the Orange County Clerk of Courts located at 425 N. Orange Avenue. The petition must include information about the marriage, any minor children, assets, and the relief being sought.

Florida Courts provides standardized forms through their Self-Help Center, including Form 12.901(a) for dissolution of marriage with children and Form 12.901(b)(1) for cases without minor children. Filing fees apply, though the court may waive them based on financial hardship.

Once filed, the other spouse (the respondent) must be served with a copy of the petition and a summons according to Florida Rules of Civil Procedure. The respondent then has 20 days to file a written response.

What Happens After the Petition Is Filed?

Both parties must exchange financial disclosures within 45 days of service. This mandatory disclosure requirement applies in nearly all Florida divorce cases.

Florida Family Law Rule of Procedure 12.285 requires both parties to serve a mandatory disclosure package within 45 days of service of the petition. This includes tax returns, pay stubs, bank statements, and a completed Financial Affidavit. These documents form the foundation for decisions on property division, alimony, and child support.

If the divorce is uncontested, meaning both spouses agree on all issues, the case may proceed to a final hearing relatively quickly. Orange County courts require a marital settlement agreement that addresses all matters before a judge will enter a final judgment.

If the divorce is contested, the case moves into the litigation phase, which may include mediation, depositions, and potentially a trial. Florida courts require most family law cases to go through mediation before scheduling a final hearing.

How Are Children and Finances Handled?

Florida courts divide marital assets equitably, not always equally. Child custody decisions center entirely on the best interests of the child.

When minor children are involved, divorcing parents must create a parenting plan under Florida Statutes Section 61.13. This plan must address time-sharing, decision-making authority, and how the parents will communicate about the children. Florida no longer uses the term “custody” in a formal sense; instead, courts establish parental responsibility and a time-sharing schedule.

For child support, Florida uses an income shares model outlined in Section 61.30, which calculates support based on both parents’ combined income and the number of overnights each parent has with the child.

On the financial side, Florida follows equitable distribution under Section 61.075. Marital assets and debts are divided fairly, though not necessarily 50/50. The court considers factors like the length of the marriage, each spouse’s economic circumstances, and contributions to the marriage. Alimony in Florida was significantly reformed under HB 1409, signed into law in 2023, which eliminated permanent alimony and revised the framework for durational and rehabilitative support.

How Long Does a Florida Divorce Take?

A simple uncontested divorce in Florida can be finalized in as few as 30 to 90 days. Contested divorces often take a year or more.

Florida has a mandatory 20-day waiting period after the respondent is served before a final judgment can be entered. Beyond that, the timeline depends on how complex the issues are and how quickly both parties can reach agreements. Contested divorces involving significant assets, business interests, or disputed parental responsibility can stretch well beyond a year.

Take the Next Step with the Law Office of Erin Morse

Filing for divorce is not something to approach without a clear strategy. At the Law Office of Erin Morse, we represent Orlando clients who need straightforward guidance and tenacious advocacy when it counts. Whether your case is amicable or contentious, we are ready to move quickly and fight for what you are entitled to under Florida law.

Call us at 407-743-6059 or contact us to schedule your consultation today.