How to File for Divorce in Florida: Residency, Grounds & Waiting Period

Florida Divorce Basics: What You Need to Know First

Divorce in Florida is officially called a dissolution of marriage. Whether you are the one filing or you have just been served with papers, understanding the state's rules on residency, grounds, and timing helps you move through the process with fewer surprises and fewer costly mistakes. This guide covers what Florida law actually requires — and where to go when you need more detail.

Residency: Do You Qualify to File in Florida?

Before a Florida court can hear your divorce case, at least one of you must have lived in the state for six months before the petition is filed. This is a firm threshold under Fla. Stat. § 61.021.

It does not matter which spouse meets this requirement — your own six months counts, and so does your spouse's. If neither of you currently qualifies, you will need to wait until one of you does before filing. Courts typically look for documentary proof of residency. Confirm what your local circuit court accepts before you file.

Grounds for Divorce in Florida: A True No-Fault State

Florida is a no-fault divorce state. You do not have to prove that your spouse cheated, was abusive, or did anything wrong in order to obtain a divorce. Under Fla. Stat. § 61.052, a court may grant a dissolution on either of two grounds:

• The marriage is irretrievably broken. This is the ground used in the vast majority of Florida divorces. Neither party has to assign blame; stating that the marriage cannot be saved is enough.
• Mental incapacity of one spouse. The spouse must have been legally adjudged incapacitated for at least the three years immediately before the filing. This ground is rare and involves a separate legal process.

What no-fault means practically: you do not need to gather evidence of wrongdoing, you do not need your spouse's agreement to file, and a Florida judge will not deny your divorce simply because one party wants to stay married — provided the marriage is found to be irretrievably broken.

Where to File

Divorce petitions are filed with the Clerk of the Circuit Court in the county where either you or your spouse currently resides. Florida's circuit courts handle all family law matters. Filing fees and local procedures vary by county, so check your county clerk's website for current requirements before you go.

The Simplified Process: Is Your Case Eligible?

Florida offers a faster, lower-cost option called the Simplified Dissolution of Marriage (Form 12.901(a)). This streamlined process is only available when all four of the following are true:

• Both spouses fully agree on all terms of the divorce.
• The couple has no minor or dependent children together.
• The wife is not currently pregnant.
• Neither spouse is asking for alimony.

If even one of those conditions is not met, you cannot use the simplified process and must file a regular (general) petition for dissolution of marriage. Forms and detailed instructions for both types are available directly from the Florida Courts self-help website.

The Mandatory Waiting Period

Florida law sets a minimum 20-day waiting period: no final judgment of dissolution may be entered until at least 20 days have elapsed from the date the original petition was filed. Fla. Stat. § 61.19. A court may enter judgment earlier only if it finds that waiting would result in an injustice — a narrow exception that applies in limited circumstances.

In practice, most Florida divorces take considerably longer than 20 days, especially contested cases involving children, property division, or spousal support. The 20-day rule is a floor, not a typical timeline.

Time-sensitive note: Even after the 20-day minimum passes, your case moves at the pace of the court docket and how quickly the parties resolve any open issues. Do not assume your divorce will be final the moment 20 days are up.

Children, Custody, and Interstate Cases

When minor children are involved, Florida courts focus on the children's best interests when establishing parenting plans and time-sharing schedules. If you later need to relocate with a child after a parenting plan is in place, Florida has a specific legal process you must follow under Fla. Stat. § 61.13001. Moving without court approval or the other parent's written agreement can have serious consequences. Confirm the current relocation requirements with your local circuit court or a Florida family law attorney.

Child support amounts in Florida are calculated using state guidelines that consider both parents' incomes and other factors. One important federal rule applies everywhere, including Florida: once child support has accrued (become past due), it cannot be reduced retroactively. Even if circumstances change, a court cannot wipe out support that was already owed. This protection comes from the federal Bradley Amendment, 42 U.S.C. § 666(a)(9)(C).

Interstate custody disputes are governed by the Uniform Child Custody Jurisdiction and Enforcement Act (UCCJEA), which Florida has adopted along with 48 other states and the District of Columbia. The UCCJEA generally requires custody cases to be heard in the child's "home state" — where the child has lived for a significant period before the case is filed. This prevents competing custody orders from different states from creating legal conflicts.

Domestic Violence and Protection Orders

If you or your children are in danger, you can seek a protective injunction through the Florida courts separately from — or alongside — the divorce case. Under the federal Violence Against Women Act, a valid protection order issued in Florida is enforceable in every other U.S. state without re-filing. 18 U.S.C. § 2265. If you relocate for safety, your Florida order travels with you.

Military Divorces: Special Federal Rules Apply

If one spouse is an active-duty servicemember, two federal laws affect how the Florida divorce proceeds.

The Servicemembers Civil Relief Act (SCRA) gives an active-duty servicemember the right to request a stay — a formal pause — of at least 90 days in any civil proceeding, including divorce, custody, and support cases, if military duties materially affect their ability to appear. 50 U.S.C. § 3932. This protection is designed to prevent default judgments from being entered against a deployed spouse who simply cannot show up to court.

The Uniformed Services Former Spouses' Protection Act (USFSPA) allows Florida courts to treat a servicemember's military disposable retired pay as marital property subject to division. 10 U.S.C. § 1408. USFSPA does not create a federal guarantee of any particular share — Florida's own property division rules determine how much, if any, is awarded to a former spouse. Direct payment from the Defense Finance and Accounting Service (DFAS) to a former spouse is only available when the couple was married for at least 10 years that overlapped with at least 10 years of creditable military service — commonly called the "10/10 rule."

What You Can Do in Florida: Step-by-Step

1. Confirm residency. Verify that you or your spouse has lived in Florida for at least six months. Gather documents to prove it before you file.
2. Determine the right petition type. Decide whether you qualify for the Simplified Dissolution of Marriage (Form 12.901(a)) or need to file a general petition. The Florida Courts self-help site has both forms and instructions at no cost.
3. Locate your county's circuit court clerk. Find the courthouse in the county where either you or your spouse lives. Check that court's website for current filing fees, accepted payment methods, and any local rules.
4. Complete and file your petition. Submit the petition and any required financial disclosure documents. Ask the clerk's office which additional forms your county requires at the time of filing.
5. Serve your spouse. Unless both spouses are filing jointly under the simplified process, you must legally serve your spouse with the divorce papers. Confirm Florida's current service of process rules with the clerk's office or a process server before you proceed.
6. Wait at least 20 days. No final judgment can be entered before 20 days have passed from the filing date. Use this window to gather financial records, work toward a settlement, and if children are involved, begin developing a proposed parenting plan.
7. Respond to all court notices. The court may schedule hearings on temporary matters — such as temporary support, use of the family home, or parenting arrangements — while the case is pending. Missing a court date can result in orders entered without your input.
8. Reach a settlement or go to trial. Most Florida divorces settle before trial. If yours does not, a judge will decide unresolved issues. Contested trials on property, custody, or support can take significantly longer than agreed cases.
9. Obtain and safeguard your final judgment. Once all issues are resolved and the mandatory period has passed, the court enters a final judgment of dissolution. Obtain certified copies and use them to update beneficiary designations, property deeds, name records, and financial accounts.

Frequently Overlooked Points

• Fault does not affect whether you get a divorce — Florida's no-fault system means neither party needs to prove wrongdoing to dissolve the marriage. Whether fault affects other issues in your specific case is a question for a Florida attorney.
• Alimony and property division are governed by separate Florida statutes with their own factors and standards. Do not assume any particular outcome; these are decided case by case.
• Filing fees vary by county, and some counties offer fee waivers for low-income filers. Ask the clerk's office about eligibility criteria before assuming you cannot afford to file.
• Self-help resources are available free. The Florida Courts website provides approved forms, instructions, and procedural guides for people who represent themselves. These are a legitimate starting point, but complex cases — especially those involving children, significant assets, or domestic violence — benefit from professional legal guidance.

This article is general legal information, not legal advice, and does not create an attorney-client relationship. Florida law changes; verify all information with the Florida Courts website or a licensed Florida family law attorney before acting on it.