How To File For Divorce In Florida (2024 Guide)

Chauncey grew up on a farm in rural northern California. At 18 he ran away and saw the world with a backpack and a credit card, discovering that the true value of any point or mile is the experience it facilitates. He remains most at home on a tracto.

Chauncey Crail Contributor

Chauncey grew up on a farm in rural northern California. At 18 he ran away and saw the world with a backpack and a credit card, discovering that the true value of any point or mile is the experience it facilitates. He remains most at home on a tracto.

Written By Chauncey Crail Contributor

Chauncey grew up on a farm in rural northern California. At 18 he ran away and saw the world with a backpack and a credit card, discovering that the true value of any point or mile is the experience it facilitates. He remains most at home on a tracto.

Chauncey Crail Contributor

Chauncey grew up on a farm in rural northern California. At 18 he ran away and saw the world with a backpack and a credit card, discovering that the true value of any point or mile is the experience it facilitates. He remains most at home on a tracto.

Contributor

Adam has resided at the intersection of legal and journalism for two decades. An award-winning journalist and legal strategist, he’s covered high-profile trials in Florida. After law school, Adam and spent two years clerking for a U.S. District Co.

Adam has resided at the intersection of legal and journalism for two decades. An award-winning journalist and legal strategist, he’s covered high-profile trials in Florida. After law school, Adam and spent two years clerking for a U.S. District Co.

Adam has resided at the intersection of legal and journalism for two decades. An award-winning journalist and legal strategist, he’s covered high-profile trials in Florida. After law school, Adam and spent two years clerking for a U.S. District Co.

Adam has resided at the intersection of legal and journalism for two decades. An award-winning journalist and legal strategist, he’s covered high-profile trials in Florida. After law school, Adam and spent two years clerking for a U.S. District Co.

Updated: Oct 5, 2023, 10:00am

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How To File For Divorce In Florida (2024 Guide)

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Table of Contents

In Florida, divorce is called dissolution of marriage. The process is full of legalese and complicated state statutes. If you’re unsure how to proceed, our guide on Florida divorce laws can help.

To get a divorce in Florida there are specific forms and rules you must understand. Here’s everything you need to know to legally file for divorce in Florida.

Factors that Determine Alimony in Florida

Criteria for determining alimony overlaps somewhat with the factors for awarding equitable distribution of assets and liability, though determining alimony is an entirely independent part of divorce. For alimony in Florida, judges consider:

Frequently Asked Questions (FAQs)

Can you get a divorce without a lawyer in Florida?

Yes, you can get divorced without a lawyer. In fact, if you qualify for the Simplified Dissolution of Marriage, you probably wouldn’t benefit much from hiring an attorney. On the other hand, complicated divorces can be very difficult to navigate without the assistance of a good divorce lawyer. It’s almost always a good idea to work with an attorney when going through a divorce, but only you can decide if the expense is justified in your specific case.

How long does a divorce take in Florida?

There are a number of factors that can impact how long a divorce takes in Florida. An uncontested divorce can take anywhere from six weeks to three months or more depending on how quickly the parties communicate and complete the necessary paperwork and on the schedule of the court. A contested divorce will typically take longer, often taking six months or more.

Are divorce records public in Florida?

Divorce records are public documents in Florida, meaning that anyone can request records from a divorce from the court clerk where the divorce took place. However, a court can choose to seal divorce records if a party is a public figure, abuse is involved, mental illness or addiction is involved or allowing public access would harm either spouse.

Who gets the house in a Florida divorce?

What happens to the house in each case is different. If the house is not considered marital property, the spouse who owned the home before the marriage will likely still own the home after the divorce. If the house is marital property, it will be up to the parties, their attorneys and the judge to decide what is the most equitable resolution. The house might be sold and the proceeds split between the parties. In other cases, one spouse might pay the other for their portion of the home so that the family can remain in place. It’s also possible to continue to own the home jointly and sell it in the future, after the children are grown.

Does it matter who files for divorce first in Florida?

In a no-fault state like Florida, there is little advantage to being the spouse who files for divorce. The filing party is in more control of the timing of the filing, certainly, and can decide where to file as long as they meet the requirements; but it doesn’t really matter who files first in the sunshine state.

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Chauncey grew up on a farm in rural northern California. At 18 he ran away and saw the world with a backpack and a credit card, discovering that the true value of any point or mile is the experience it facilitates. He remains most at home on a tractor, but has learned that opportunity is where he finds it and discomfort is more interesting than complacency.

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