Florida Legal Guide · Jeff T. Gorman Law Offices

The Florida Divorce Guide
How It Works, What Changed in 2023,
and What to Expect.

Updated 2025
11-minute read
Florida Law
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Grounds for Divorce
in Florida

Florida became a pure no-fault divorce state decades ago. There is only one ground for divorce in Florida: the marriage is irretrievably broken. You do not need to prove your spouse cheated, was abusive, or did anything wrong. You do not need your spouse's agreement. Either spouse may file for divorce at any time by stating that the marriage is irretrievably broken.

Florida Statute §61.052 also allows divorce when one spouse has been adjudicated mentally incapacitated for at least 3 years, but this ground is rarely used.

💡 Does Fault Matter at All?
While fault is not a ground for divorce in Florida, it is not entirely irrelevant to the proceedings. A spouse who dissipated marital assets — spent down marital money on an affair partner, gambling, or wasteful conduct — may face an unequal property division in the other spouse's favor. Under the 2023 alimony reform (SB 1416), adultery is now an explicit factor courts may consider in alimony determinations.

Florida also requires that at least one spouse have been a Florida resident for at least 6 months before filing for divorce in Florida circuit court.

Filing and
the Process

A Florida divorce begins with the filing of a Petition for Dissolution of Marriage in the circuit court of the county where either spouse resides. The filing spouse (the Petitioner) serves the other spouse (the Respondent) with the petition and a summons. From service, the Respondent has 20 days to file a response.

1
Petition Filed & Served
Petitioner files in circuit court and serves the Respondent. The 20-day response clock begins. Temporary relief motions — for support, use of the marital home, or attorney fees — can be filed immediately.
2
Financial Disclosure (Mandatory)
Both parties must exchange mandatory financial disclosure within 45 days of service. This includes tax returns, bank statements, retirement account statements, pay stubs, and a completed Financial Affidavit. Failing to disclose assets accurately has serious legal consequences.
3
Discovery
Both parties may conduct formal discovery — depositions, subpoenas, interrogatories — to obtain information and documents. In complex cases involving businesses, investments, or hidden assets, discovery can be extensive.
4
Mediation (Mandatory)
Florida courts require mediation before most contested issues can go to trial. A neutral mediator facilitates settlement negotiations. Many cases settle at mediation, avoiding trial entirely.
5
Trial or Settlement
If mediation does not resolve all issues, remaining contested matters go to trial before a circuit court judge. Florida divorce cases do not have jury trials — the judge decides all contested issues.
6
Final Judgment
The court enters a Final Judgment of Dissolution of Marriage, which incorporates the settlement agreement or court orders on all contested issues. The 20-day waiting period from service must have elapsed before a final judgment can be entered.

Equitable Distribution
of Property

Florida divides marital property through equitable distribution — fairly, but not necessarily 50/50. The critical first step is identifying which assets are marital and which are non-marital, because only marital assets are subject to division.

Marital vs. Non-Marital Property

Marital PropertyNon-Marital Property
Assets acquired during the marriage by either spouseAssets owned by either spouse before the marriage
Income earned during the marriageGifts or inheritances received by one spouse from a third party
Appreciation in value of marital assetsAssets excluded by valid prenuptial or postnuptial agreement
Retirement benefits earned during the marriageIncome from non-marital assets (if not commingled)
Business interests built during the marriagePersonal injury compensation for pain and suffering
⚠ Commingling Can Convert Non-Marital to Marital
Non-marital assets can become marital assets if they are commingled with marital funds — deposited into a joint account, used to pay a joint mortgage, or otherwise mixed with marital property. Tracing the history of an asset to maintain its non-marital character requires documentation and, in complex cases, forensic accounting.

Factors Courts Consider in Distribution

Florida Statute §61.075 lists the factors courts weigh when departing from equal distribution. These include: each spouse's contribution to the marriage (including homemaking and career support); the duration of the marriage; each spouse's economic circumstances and earning capacity; intentional dissipation of marital assets; and the desirability of retaining specific assets — particularly the marital home when minor children are involved.

Alimony After
Florida's 2023 Reform

Florida SB 1416, signed into law in 2023 and effective July 1, 2023, made the most significant changes to Florida alimony law in decades. If you are going through a divorce that was not finalized before July 1, 2023, the new law applies to your case.

Florida SB 1416 (2023) — Key Changes
Permanent alimony: Eliminated. No longer available except in the most extraordinary circumstances.

Durational alimony cap: For marriages under 20 years, durational alimony cannot exceed 50% of the length of the marriage. For marriages of 20+ years, it may equal the length of the marriage.

Short marriage presumption: Rebuttable presumption against alimony for marriages under 3 years.

Adultery: Now an explicit statutory factor in alimony determinations.

Supportive relationship: Cohabitation with a partner is now explicit grounds for modification or termination.

Types of Alimony Still Available

TypePurposeMaximum Duration
Bridge-the-GapShort-term transition to single life2 years
RehabilitativeEducation or retraining with specific written planPer approved plan
DurationalFinancial support for a set period50% of marriage length (<20 yrs) / up to length of marriage (20+ yrs)
Lump-SumOne-time payment; non-modifiableN/A (one payment)

Courts consider financial resources, earning capacity, standard of living during the marriage, contributions each spouse made (including homemaking), and any other relevant factor. There is no fixed formula — alimony is highly fact-specific and requires a thorough financial analysis and experienced legal advocacy.

Children, Custody
& Support in Florida Divorce

When a Florida divorce involves minor children, the court must also establish a parenting plan, time-sharing schedule, and child support order. These issues are governed by Florida Statute §61.13 and were significantly affected by the 2023 HB 1301 reform.

Equal Time-Sharing Presumption (2023)

Florida HB 1301, effective 2023, established a rebuttable presumption of equal (50/50) time-sharing. Courts begin with the premise that equal time-sharing is in the best interest of the child and will only depart from it upon a showing of specific evidence that equal time-sharing is not appropriate for that child.

Child Support

Child support in Florida is calculated under the Income Shares Model (Florida Statute §61.30). Both parents' net monthly incomes are combined, the statutory support obligation is determined from the guidelines table, and costs for healthcare and childcare are added. The obligation is then allocated between parents proportionally to their incomes and adjusted based on the number of overnights each parent has with the child.

💡 Children’s Issues Are Separate from Property Issues
In Florida, child-related issues (time-sharing, parental responsibility, support) are governed by the best interest of the child standard — not by what either parent “deserves” or by how property is divided. A parent’s conduct during the marriage may affect property division and alimony but generally does not affect time-sharing unless it directly affected the children. These are legally distinct determinations.

Mediation
What to Expect

Florida family courts require mediation before most contested divorce issues can be set for trial. Mediation is a structured negotiation process conducted by a neutral, certified mediator — typically a retired judge or experienced family law attorney. The mediator does not decide anything; they facilitate discussion and help the parties reach their own agreement.

Mediation is confidential. Statements made in mediation cannot be used in court. This confidentiality encourages frank discussion and often produces settlements that would not emerge in litigation.

How to Approach Mediation

◆Come prepared with a complete financial picture — all asset values, income information, and debts
◆Know your priorities — which issues matter most and where you have flexibility
◆Have your attorney present or available by phone throughout the session
◆Do not agree to anything at mediation that you do not understand or have not reviewed with your attorney
◆Understand that mediation agreements, once signed, are binding — review everything carefully before signing

If mediation does not resolve all issues, the remaining contested matters go to trial. An attorney who is genuinely trial-ready approaches mediation from a position of strength — which consistently produces better settlement outcomes.

Timeline
What Happens When

StageTypical TimeframeKey Actions
Petition filed & servedDay 1Temporary relief motions available immediately
Response dueDay 20Respondent files answer and counterpetition
Mandatory financial disclosureWithin 45 days of serviceBoth parties exchange financial documents
Discovery period2–6 monthsDepositions, subpoenas, interrogatories
Mediation3–9 months post-filingMandatory before contested trial; many cases settle here
Trial6 months–2+ years post-filingJudge decides all contested issues; no jury
Final JudgmentAfter trial or settlementMarriage legally dissolved; orders enforceable

Timeline varies significantly by county court docket, complexity of the case, and whether the parties cooperate in discovery.

Common Divorce Mistakes
That Hurt Your Case

⚠Moving money or hiding assets. Courts take a dim view of financial misconduct during divorce. Transferring assets, depleting accounts, or hiding property can result in an unequal distribution against you and potential contempt sanctions.
⚠Posting on social media. Photos, statements, and check-ins can be used as evidence of income, dissipation, lifestyle, or conduct relevant to alimony and custody. Assume everything you post will be seen by opposing counsel.
⚠Using children as messengers or pawns. Courts notice and negatively view parents who put children in the middle of adult disputes. This can directly affect time-sharing decisions.
⚠Failing to understand what you’re agreeing to. A settlement that seems acceptable in the emotional moment of mediation may have long-term financial consequences you haven’t fully analyzed. Never sign anything without reviewing it with your attorney.
⚠Ignoring the tax consequences. Property transfers, retirement account division, and alimony all have tax implications. The after-tax value of an asset matters more than its face value.
⚠Waiting too long to retain an attorney. Temporary orders — for support, use of the marital home, and children — are often entered early in the proceedings and can be difficult to modify later. Early legal representation protects your position from day one.
📝 About This Guide
This guide was prepared by Jeff T. Gorman Law Offices. Joseph Grant has practiced Florida family law for over 13 years throughout Martin, St. Lucie, and Palm Beach Counties. This guide reflects Florida law as of 2025, including SB 1416 (2023 alimony reform) and HB 1301 (2023 time-sharing presumption). Florida law changes frequently — consult a licensed Florida attorney for advice specific to your situation.
Jeff T. Gorman Law Offices

Going Through a Divorce?
The 2023 Reform Changed
Everything. Know Where You Stand.

Joseph Grant has handled Florida family law for over 13 years. He knows the new alimony statute, the 2023 time-sharing presumption, and how Treasure Coast courts are applying them. Call (772) 888-8888.

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This guide is for general informational purposes only — not legal advice. Florida law changes frequently. Consult a licensed Florida attorney for advice specific to your situation. Free consultation does not create an attorney-client relationship.