Florida Divorce Under F.S. 61.052
Florida is a “no-fault” divorce state. You don't need to prove wrongdoing—only that the marriage is “irretrievably broken.” Understanding the legal requirements and process helps you move forward with confidence.
“No judgment of dissolution of marriage shall be granted unless one of the following facts appears, which shall be pleaded generally: (a) The marriage is irretrievably broken.”
Our Divorce Services Include:
- Uncontested divorce filings
- Simplified dissolution proceedings
- Contested divorce representation
- Marital settlement agreement drafting
- Parenting plans & time-sharing schedules
- Equitable distribution of assets
- Alimony calculations and negotiations
- Court appearances & final hearings
Requirements to File for Divorce in Florida
6 Months
Residency Requirement
One spouse must be a Florida resident for at least 6 months
No-Fault
No Blame Required
Only need to state the marriage is “irretrievably broken”
20 Days
Response Time
Respondent has 20 days to answer after being served
45 Days
Financial Disclosures
Mandatory financial affidavit due within 45 days
Types of Divorce in Florida
Florida offers several paths to dissolution depending on your circumstances. The right choice depends on whether you have children, own property, and whether you and your spouse agree on the terms.
Simplified Dissolution
“The parties to a marriage may file a petition for simplified dissolution of marriage if certain conditions exist.”
Requirements:
- No minor or dependent children
- Wife is not pregnant
- Complete agreement on property division
- Neither party seeks alimony
- Both must attend final hearing
Starting at $995
Uncontested Divorce
Both spouses agree on all terms—property division, parenting plan, child support, and alimony. Can include children and complex assets.
- Agreement on all issues
- Can have children and complex assets
- Marital settlement agreement required
- Parenting plan required if children
- Typically finalized in 4-8 weeks
Starting at $1,895
Contested Divorce
When spouses disagree on one or more issues. Requires negotiation, mediation, and potentially trial to resolve disputes.
- Disagreement on key terms
- Discovery process to exchange information
- Mandatory mediation in most counties
- Court hearings and potentially trial
- Timeline: 6 months to 2+ years
Starting at $4,995
What Gets Decided in a Florida Divorce
A Florida divorce resolves all issues between the spouses, creating a final judgment that addresses these key areas:
Property Division
Equitable distribution of marital assets and debts under F.S. 61.075.
Learn MoreParenting Plan
Time-sharing schedule and parental responsibility under F.S. 61.13.
Learn MoreChild Support
Guideline calculations based on income and time-sharing under F.S. 61.30.
Learn MoreAlimony
Spousal support based on need and ability to pay under F.S. 61.08.
Learn MoreMandatory Financial Disclosures
Florida requires both parties to exchange comprehensive financial information. This ensures fair division of assets and proper calculation of support obligations.
“Each party shall file with the court a Family Law Financial Affidavit... within 45 days after service of the petition for dissolution of marriage.”
Required Disclosures Include:
- Financial Affidavit — Income, expenses, assets, and liabilities
- Tax Returns — Last 3 years of federal and state returns
- Pay Stubs — Last 3 months of earnings documentation
- Bank Statements — Last 3 months for all accounts
- Retirement Accounts — Most recent statements
Consequences of Non-Disclosure
Failing to provide complete and accurate financial disclosures can result in:
- Sanctions and attorney's fees awarded against you
- Adverse inferences drawn by the court
- Final judgment being set aside for fraud
- Potential criminal charges for perjury
Victoria AI OS helps ensure complete, accurate financial disclosures by analyzing your documents and flagging potential issues.
The Florida Divorce Process
Understanding the timeline and steps helps you prepare for what's ahead.
File Petition
Day 1
We prepare and file your Petition for Dissolution of Marriage with the circuit court in your county.
Serve Your Spouse
Days 1-20
Your spouse must be formally served with the petition. They have 20 days to respond.
Financial Disclosures
Within 45 days
Both parties exchange mandatory financial affidavits and supporting documents.
Negotiation/Mediation
30-90 days
Work toward agreement through negotiation. Mediation is mandatory in most contested cases.
Settlement or Trial
Varies
If you reach agreement, we draft the settlement. If not, we prepare for trial.
Final Judgment
Final hearing
The court enters the Final Judgment of Dissolution of Marriage, making your divorce official.
Uncontested Timeline: 4-8 weeks|Contested Timeline: 6-18+ months
What Happens in Mediation?
- 1
Opening Statements
Each party explains their position and goals
- 2
Caucus Sessions
Private meetings with the mediator to discuss options
- 3
Negotiation
The mediator facilitates discussion and compromise
- 4
Settlement Agreement
If successful, terms are put in writing and signed
Mandatory Mediation in Florida
“In contested family matters... the court shall refer the parties to mediation.”
Most Florida courts require mediation before a contested divorce can go to trial. Mediation is a confidential process where a neutral third party helps you and your spouse reach agreement.
Benefits of Mediation:
- Faster — Often resolves in one or two sessions
- Cheaper — Far less expensive than trial
- Private — Confidential, unlike public court records
- Control — You decide the outcome, not a judge
Related Articles on Florida Divorce
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Timeline expectations for uncontested and contested divorces.
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Read ArticleCan You Get Divorced Online in Florida?
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Read ArticleWhat If My Spouse Won't Sign?
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Read ArticleDivorce Services & Pricing
Flat-fee divorce services—know your costs upfront.
Strategy Session
$9530-minute focused consultation on your divorce questions.
Deep Dive Consultation
$19560-minute comprehensive analysis of your situation with written summary.
Simplified Dissolution
$995For qualifying couples with no children and complete agreement.
Uncontested Divorce
$1,895Full representation for agreed divorces, including children.
Contested Starter
$4,995Initial representation through mediation for contested matters.
Settlement Agreement
$995Draft comprehensive marital settlement agreement.
Ready to Take the First Step?
Whether your divorce is simple or complex, we provide clear guidance and flat-fee pricing so you know exactly what to expect.