Family Law
Divorce in Florida: What You Need to Know Before You Start
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 theo
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Types of Divorce in Florida
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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.
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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.
Requirements to Divorce in Florida
Residency Requirement
At least one spouse must have resided in Florida for the past 6 months.
Filing County
The divorce is filed in the county where one of the spouses resides.
Parenting Plan
If there are minor children, the court will require a parenting plan.
Filing Fee
A filing fee is paid to the court (varies by county).
Where to File Divorce in Osceola and Orange Counties
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.
What About Children?
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.
Frequently Asked Questions About Divorce in Florida
Do I need to prove my spouse cheated to get divorced?+
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.
Can I get divorced if I don't know where my spouse is?+
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.
What happens to the house if it's in both our names?+
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.
How long must I have lived in Florida to divorce here?+
At least one spouse must have resided in Florida for the past 6 months before filing the divorce petition.
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