Published March 5, 2025 · By Attorney Luis Morales
Florida is a no-fault divorce state. This means you don't need to prove your spouse did anything wrong to get divorced. You only need to declare to the court that the marriage is irretrievably broken. This principle makes the process simpler in theory, but in practice divorces — especially when children or shared assets are involved — can be complex.
1. Uncontested Divorce
Both parties agree on all terms: division of assets, child custody, support. It is faster and less expensive. It can be resolved in 4 to 8 weeks.
2. Contested Divorce
The parties don't agree on one or more issues. It requires hearings before the judge. It can take several months or more than a year depending on the disputed issues.
At least one spouse must have resided in Florida for the past 6 months.
The divorce is filed in the county where one of the spouses resides.
If there are minor children, the court will require a parenting plan.
A filing fee is paid to the court (varies by county).
If you reside in Kissimmee, St. Cloud, or Poinciana (northern part), your divorce is filed at the Osceola County Courthouse in Kissimmee. If you reside in Orlando or Orange County, it is filed at the Orange County Courthouse. If you live in southern Poinciana (Polk County), it is filed in Bartow.
Florida law favors shared parental responsibility in most cases. This means both parents participate in important decisions about the child's life: education, health, activities. The physical time with each parent is established in the parenting plan. If parties cannot reach a custody agreement, the judge will decide based on the best interest of the child, considering factors such as each parent's relationship with the child, home stability, and in cases of older children, their own preference.
This article is informational and does not constitute legal advice. Every case is unique. Consult with an attorney before making decisions about your divorce.
No. Florida is a no-fault divorce state. You don't need to prove adultery, abandonment, or any other wrongdoing. You only need to state to the court that the marriage is irretrievably broken.
Yes. If you cannot locate your spouse, you can notify them by publication (newspaper notice) after making reasonable efforts to find them. The court can then proceed with the divorce.
In Florida, assets acquired during the marriage are generally divided equitably. This doesn't necessarily mean 50/50 — the judge considers several factors. The house can be sold and proceeds divided, or one spouse can keep it by compensating the other.
At least one spouse must have resided in Florida for the past 6 months before filing the divorce petition.
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