Before filing for divorce, known legally in Florida as dissolution of marriage, one spouse must have lived in the state for at least six months, and the only ground needed is that the marriage is irretrievably broken. Beyond that basic threshold, the process, timeline, and outcome depend heavily on whether the case qualifies as an uncontested simplified dissolution or becomes a contested case involving property division, alimony, or children. Florida also significantly reformed its alimony law in 2023, eliminating permanent alimony altogether. Here is what to understand before starting the process.
Florida Is a No-Fault Divorce State
Florida law does not require either spouse to prove wrongdoing to obtain a divorce. Under Florida Statute Section 61.052, the only ground for dissolution of marriage is that the marriage is irretrievably broken, meaning it cannot be saved. Either spouse may file, and the other spouse’s consent is not required. There is generally no need to provide detailed reasons for the breakdown of the marriage, and a general statement to the court is typically sufficient. In addition to the irretrievable breakdown standard, at least one spouse must have been a Florida resident for the six months immediately before filing.
Uncontested vs. Contested Divorce
Florida recognizes two main paths through a divorce, and understanding which one applies can significantly affect the timeline and cost of the case.
A simplified dissolution of marriage is available when both spouses agree the marriage is over and have resolved all other issues. To qualify, the couple generally must meet several requirements:
- There are no minor children of the marriage
- Neither spouse is currently pregnant
- The parties have already agreed on how to divide their property and debts
- At least one spouse has lived in Florida for the six months before filing
When these conditions are not met, or when the spouses cannot agree, the case proceeds as a contested divorce. In a contested case, the filing spouse (the petitioner) must formally serve the other spouse (the respondent), who then generally has 20 days to file a response. Contested divorces typically involve resolving property division, alimony, and, when children are involved, timesharing and child support.
Property Division: Florida’s Equitable Distribution Rule
Florida divides marital property under an equitable distribution model set out in Florida Statute Section 61.075. Equitable does not necessarily mean an equal 50/50 split, though Florida courts begin with a presumption that marital assets and liabilities should be divided equally, then consider statutory factors that may justify an unequal division. Before any division occurs, the court first classifies property as either marital, generally assets and debts acquired during the marriage, or nonmarital, generally property owned before the marriage or received individually through gift or inheritance. Only marital property is subject to distribution.
Alimony After Florida’s 2023 Reform
One of the most significant recent changes to Florida family law took effect on July 1, 2023, when the legislature eliminated permanent alimony. Under the revised Florida Statute Section 61.08, courts may now award only the following types of support, each of which is time-limited:
- Temporary alimony, which covers the period while the divorce is pending
- Bridge-the-gap alimony, limited to a maximum of two years, intended to help a spouse transition to single life
- Rehabilitative alimony, intended to support a spouse while they pursue education or job training toward becoming self-supporting
- Durational alimony, capped at a percentage of the length of the marriage and limited to a set percentage of the difference between the spouses’ net incomes
This reform does not apply retroactively, so permanent alimony awarded in a divorce finalized before July 1, 2023, generally remains in effect, though it may still be subject to modification under the new law’s provisions, including new grounds tied to the paying spouse’s retirement.
Important: The 2023 alimony reform significantly changed how spousal support works in Florida, including for long-term marriages that previously would have qualified for permanent alimony. Anyone comparing their situation to an older divorce, or to a friend’s outcome from before July 2023, should understand that the applicable rules may be very different today.
Children, Timesharing, and Support
When minor children are involved, Florida law requires additional steps and considerations before a divorce can be finalized. Most counties require both parents to complete a parenting class addressing the impact of divorce on children before a final hearing can be scheduled. The court will also need to address parental responsibility, a timesharing schedule, and child support calculated under Florida’s statutory guidelines. Because these issues directly affect a child’s daily life, they are generally treated as among the most closely scrutinized aspects of a contested divorce.
The Role of Mediation
Florida courts commonly order divorcing spouses to attend mediation before a case proceeds to trial. Mediation allows both parties to attempt to resolve outstanding issues with the help of a neutral third party, and it is often less expensive, less emotionally taxing, and faster than litigating every issue in court. Many contested divorces that begin with significant disagreement are ultimately resolved through mediation rather than a trial, though cases that cannot be resolved this way proceed to a final hearing before a judge.
Talk to an Orlando Divorce Attorney
Whether your case is likely to be uncontested or involves disputes over property, alimony, or children, understanding how Florida law applies to your situation is an important first step. Longwell Lawyers represents clients throughout Orlando in a full range of family law matters, including divorce cases. Our attorneys can walk you through your options, explain how recent changes to Florida law may affect your case, and help you move forward with clarity. Reach out through our contact page or call (407) 537-5597 today to schedule a consultation.
Disclaimer: This article is for informational purposes only and does not constitute legal advice. For legal guidance tailored to your specific situation, consult a licensed attorney.
