How do I get a divorce in Florida?
To file for divorce in Florida, at least one spouse must have lived in the state for six months. Florida is a no-fault state, so the court only needs to find the marriage is irretrievably broken. You file a petition for dissolution of marriage, exchange financial disclosure, and resolve parenting, property, and support by agreement or in court.
What a Florida divorce involves
Florida calls divorce “dissolution of marriage.” To file here, at least one spouse must have lived in Florida for six months before filing. Florida is a no-fault state, so you do not have to prove that anyone did something wrong. The court only needs to find that the marriage is irretrievably broken.
Both spouses must exchange financial disclosure, including a financial affidavit (a sworn statement of your income, expenses, assets, and debts). This gives both of you, and the judge, the same picture of the finances before decisions are made.
Contested or uncontested divorce
An uncontested divorce is one where you and your spouse agree on every issue. A contested divorce is one where you disagree on at least one issue, such as the parenting schedule, alimony, or how to divide what you own and owe.
Some couples qualify for a simplified dissolution. It is only available when there are no minor children, no one is seeking alimony, both spouses agree on dividing property and debts, and both sign and appear. If your case is contested, South Florida family courts generally require mediation before trial, which gives you a chance to reach your own agreement.
Our P.E.A.C.E. approach to divorce issues
Most divorces come down to the same core issues. We organize them with our P.E.A.C.E. approach so nothing important gets missed:
- Parenting plans: the time-sharing schedule and how you share decisions for your children
- Equitable distribution: dividing marital assets and debts, starting from an equal split unless there is a reason for an unequal one
- Alimony: bridge-the-gap, rehabilitative, or durational (Florida eliminated permanent alimony in 2023)
- Child support: what each parent contributes toward the children
- Everything else: the details that are unique to your family
Divorce when you have children
If you have minor children, the court must approve a parenting plan before your divorce is final. The plan covers time-sharing (the schedule for when the children are with each parent) and parental responsibility (how major decisions about the children get made).
Parents often tell us, “I want 50/50,” or “I want the kids during the week, and my spouse can have every other weekend.” Those are reasonable places to start. Our job is to help you build a plan that works for your children in real life, and to stand up for it in court if you and your spouse cannot agree.
How Annette Sanchez Law helps
- Honest early guidance on whether your divorce can be uncontested and which issues are likely to be disputed
- Parenting plans shaped by Annette's years protecting children at DCF Children's Legal Services
- Mediation preparation from an attorney who is a Florida Supreme Court Certified Family Mediator
- Help in English or Spanish, starting with a free case evaluation by phone
Frequently asked questions
Can I get 50/50 custody in a divorce with kids?
A 50/50 schedule is possible, and it is one of the most common things parents ask us about. In a Florida divorce with minor children, the court must approve a parenting plan that covers time-sharing (the schedule) and parental responsibility (decision-making). If you and your spouse agree on equal time, the judge reviews that plan. If you do not agree, you will generally go to mediation first, and the court decides if you still cannot settle.
How long does a divorce take in Florida?
Florida law says a final judgment cannot be entered until at least 20 days after the petition is filed. That is the legal minimum, not a typical timeline. How long your divorce takes depends mostly on whether it is contested. When spouses agree on everything, the case can move quickly. When they disagree about children, support, or property, it takes longer because of financial disclosure, mediation, and possibly a trial.
How much does a divorce lawyer cost?
Cost is a real concern, so we talk about it openly from the first conversation. The biggest factor is whether your divorce is contested or uncontested. The number of issues you disagree on, such as time-sharing, alimony, or property, also matters, and so does whether the case settles at mediation or goes further. If you and your spouse agree on everything, ask us about flat-fee options for uncontested divorces.
Can I still get alimony in Florida?
Possibly. Florida eliminated permanent alimony in 2023, but bridge-the-gap, rehabilitative, and durational alimony remain. Whether you might receive or pay alimony, and which type could apply, depends on the details of your marriage, your finances, and the court. Because both spouses must exchange financial disclosure, the court has a full financial picture before deciding. We can review your situation and explain what is realistic.
What if my spouse doesn't want a divorce?
Florida is a no-fault state. The court only needs to find that the marriage is irretrievably broken, so you do not have to prove wrongdoing, and your spouse does not have to agree that the marriage should end. Their disagreement can make the case contested, which may add steps such as mediation. The details depend on your case and the court, so talk with us about where things stand.
Do I need a lawyer for a divorce in Florida?
The law does not require you to have one. Still, the decisions you make in a divorce can affect your finances and your time with your children for years. A lawyer helps you understand what you are agreeing to, complete financial disclosure correctly, and prepare for mediation. Even if you and your spouse agree on everything, a consultation can help you decide how much help you need.
