The Florida Divorce Process: Step by Step From Filing to Final Judgment
In this guide, I walk through each step so you know what’s coming, what the deadlines are, and where people make the most expensive mistakes.
Before You File: The Basic Requirements
To file for divorce in Florida, one spouse must have lived in the state for at least six months before filing. See Fla. Stat. § 61.021. You don’t have to prove fault. You only have to show the marriage is “irretrievably broken,” which just means it can’t be fixed. Learn more about no-fault divorce in Florida.
Florida also doesn’t require a separation period before you file. In fact, Florida doesn’t recognize legal separation at all. If you’re still deciding, read our guide on what to do before filing for divorce in Florida.
Where Florida Divorces Are Filed
Every Florida divorce is filed in circuit court. That’s the same court that handles felony criminal cases and major business lawsuits. A divorce is serious litigation with strict rules, deadlines, and rules of evidence.
The case is usually filed in the county where you and your spouse live. If you live in different counties, it’s usually filed in the county where you last lived together as a married couple.
Step 1: Filing the Petition
A divorce starts when one spouse files a Petition for Dissolution of Marriage. The petition lists basic facts, like the date of marriage, Florida residency, and that the marriage is irretrievably broken. It also lists what the spouse is asking for, such as:
- A parenting plan and time-sharing schedule
- Child support
- Alimony
- Division of assets and debts
- Who keeps, or whether to sell, the marital home
Petitions often ask for everything the law allows. That’s on purpose. If you don’t ask for something at the start, you may not be able to ask for it later. Most cases start out aggressive and end with a much more reasonable settlement, so don’t panic when you read your spouse’s petition.
Step 2: Service and the First Deadlines
After filing, the petition must be formally delivered to the other spouse. This is called service. It’s usually done by a sheriff’s deputy or a private process server. Once service happens, two important clocks start:
- 20 days for the other spouse to file an Answer, and often a Counter-Petition
- 45 days for both spouses to complete mandatory financial disclosure
Missing these deadlines can hurt your credibility and your case. If you’ve just been served, read our guide on what the first month of a Florida divorce looks like.
Many Florida counties also issue a standing order as soon as the case is filed. It usually bars things like draining accounts, canceling insurance, or moving the children. Read it carefully and follow it.
Step 3: The Answer and Counter-Petition
The responding spouse files an Answer, agreeing or disagreeing with each statement in the petition. They often also file a Counter-Petition asking for their own relief. This stage defines what the fight is about. It does not decide how the case will end. It’s common for both sides to start out asking for maximum time with the children and maximum financial relief.
Step 4: Mandatory Financial Disclosure
Florida requires both spouses to share a wide range of financial documents, usually within 45 days of service. See Fla. Fam. L. R. P. 12.285. That includes tax returns, pay stubs, bank and credit card statements, mortgage and loan documents, retirement accounts, and business records.
One rule surprises people: if you have access to a document, you have to produce it, even if the account isn’t in your name. Disclosure exists so both sides negotiate from the same facts. Trying to hide documents almost always backfires. Courts can order you to produce them, sanction you, and stop believing what you say. Our article on mandatory disclosure in Florida divorce covers the full list.
Step 5: The Financial Affidavit
Each spouse also files a sworn financial affidavit. It lists your income, payroll deductions, monthly expenses, assets, and debts. This one document is the foundation for child support, alimony, and property division.
Judges rely on it heavily. Overstating your expenses, or understating your income, can damage your whole case. Take the time to get it right.
Step 6: Negotiation and Mediation
Once disclosure is done, the case is ready to settle. Many cases settle through negotiation between the lawyers before mediation, which saves time and money.
If not, the case goes to mediation. Florida judges order it in almost every contested divorce. Both lawyers attend, and a neutral mediator helps the spouses try to reach a deal. If you settle, you sign a Marital Settlement Agreement, and a Parenting Plan if you have children. The judge then signs a Final Judgment of Dissolution of Marriage, and you’re divorced. Read our full guide to divorce mediation in Florida.
Parents of minor children also need to complete a parenting course of at least four hours before the divorce can be finalized. See Fla. Stat. § 61.21.
Step 7: Trial, If the Case Doesn’t Settle
If mediation fails, the case moves toward trial. One side tells the court the case is ready, and the judge sets a schedule. Because court calendars are crowded, trial often happens 6 to 12 months after mediation.
Before trial, the judge issues an order with deadlines for witness lists, exhibits, and experts. Missing those deadlines can keep your evidence out. There’s no jury in a Florida divorce. The judge hears the evidence and decides everything, then issues a Final Judgment, just like in a settled case.
The big difference is control. In a settlement, you and your spouse decide the outcome. At trial, a judge does. See what to expect at a Florida divorce trial.
After the Final Judgment
A final judgment can’t be entered until at least 20 days after the petition was filed, except in rare cases. See Fla. Stat. § 61.19. Once it’s entered, both spouses must follow it, including the parenting plan, support, and the property split.
If a judge made a legal error at trial, a party can appeal, but the deadlines are short and strict. Talk to a lawyer right away if you think the judgment is wrong. Later on, child support, the parenting plan, and some types of alimony can be changed if circumstances change substantially. That’s done through a modification.
What Makes a Divorce Faster and Cheaper
The smoothest path through a Florida divorce looks like this:
- Serve your spouse promptly
- Give full, honest financial disclosure on time
- Fill out an accurate financial affidavit
- Negotiate in good faith
- Settle at or before mediation
What slows cases down and drives up cost? Hiding documents, repeated court hearings, custody battles, and trial preparation. For more, see how long a divorce takes in Florida and what a divorce costs in Florida.
The Bottom Line
A Florida divorce is a process, not a punishment. When both sides are honest and prepared, it moves efficiently. When they aren’t, it gets slow, expensive, and draining. Knowing the steps early helps you avoid mistakes, control costs, and make better decisions. Learn more about our Florida divorce lawyers.
This article is for general information and is not legal advice. Reading it does not create an attorney-client relationship.