Filing for divorce in Florida requires spouses to take several legal steps while addressing property division, child custody, and financial support. The process begins with preparing and filing a petition with your local court and serving the other spouse. Then, you work on resolving outstanding issues through settlement or litigation.
At Beller Law, PL, we understand the intricacies of how to file for divorce in Florida. Our lead attorney Rebeccah Beller has more than 25 years of trial experience. As a trusted Jacksonville divorce lawyer, she helps families across Duval, Clay, St. Johns, and Nassau counties navigate the divorce process with confidence. We provide client-centered, education-focused representation to deliver meaningful results for our clients.
Steps for Filing for Divorce in Florida
The following steps outline the general process of how to file for divorce in Florida. When you file, you typically have to address:
- Child custody,
- Child support,
- Property and debt division, and
- Spousal support (alimony).
If you and your spouse agree on the details of these issues, you can file for an uncontested divorce. If you disagree on one or more issues, you file for a contested divorce.
1. Determine Filing Eligibility
Florida law requires that at least one spouse has lived in the state for at least six months before filing for divorce. The filing process is generally the same for contested and uncontested divorces.
2. Prepare the Dissolution of Marriage Petition
You begin the divorce process by completing a petition, which is the formal legal request asking the court to end your marriage. Different formats exist for:
- Spouses with minor children,
- Spouses without minor children who need to divide property,
- Spouses without minor children who do not need to divide property, and
- Simplified dissolution of marriage.
Spouses may qualify for simplified dissolution of marriage if they:
- Have no minor children and are not pregnant;
- Agree on all divorce terms;
- Do not request spousal support; and
- Agree to waive the right to trial or appeal.
When preparing the petition and you are filing without an attorney, you must state how you want the court to resolve the issues in your case and attach supporting documents.
3. File the Petition
Once completed, you file the petition with the circuit court in the county where you or your spouse lives, along with a filing fee. This step officially starts your divorce case in the court system.
4. Serve Your Spouse
Florida law requires you to give your spouse official notice of the divorce through service of process. You can have the county sheriff where your spouse lives serve your spouse, or hire a certified process server approved in the county where you are having your spouse served. If you cannot locate your spouse, you must publish a notice in a local newspaper instead.
5. Spouse Response
Once served, your spouse has 20 days to file a response. If your spouse disagrees with some or all of what you request, that must be put in writing and filed.
6. Exchange Financial Disclosures
Both spouses must complete and exchange a document called a Financial Affidavit which is a sworn statement listing income, expenses, assets, and debts. Be sure to provide thorough and accurate financial details, including supporting documents such as deeds, pay stubs, bank statements, and tax returns.
7. Mediation
Most Florida courts require that you and your spouse attend mediation before trial, if you cannot otherwise reach an agreement on all issues. Mediation offers a confidential meeting with a neutral mediator trained to help guide spouses toward collaborative solutions. As a result, you and your spouse maintain more control over the outcome, can reduce costs, and resolve disputes more quickly.
8. Attend Court Hearings or Trial (if Necessary)
If you and your spouse resolve all issues and submit a separation agreement proposing terms, the court may approve your divorce without a trial. If one or more issues require court intervention:
- Each side presents evidence and legal arguments to the judge;
- Call necessary witnesses to testify; and
- The judge issues binding rulings on disputed matters.
The court then issues a final divorce judgment.
9. Receive the Final Judgment of Dissolution
After trial or based on a proposed written agreement, the court issues a final divorce decree, making your divorce final. The order outlines the terms of your divorce.
Can You File for Divorce Online?
Florida’s e-filing system lets you submit court filings electronically through the Florida Courts E-Filing Portal. What documents can you file for divorce online? You can file:
- Initial petitions,
- Responses, and
- Financial affidavits.
You must still arrange formal service of the petition on your spouse, and you may still need to attend court hearings or mediation before the court finalizes your divorce.
How Beller Law, PL, Can Help You Through the Divorce Process
At Beller Law, PL, we know that no two divorces are the same. Whether your divorce involves simple or complex financial matters, agreements on child time sharing or sensitive custody issues, we guide you in making informed decisions while protecting your rights and your family’s future.
If you are considering filing for divorce in Florida, contact our Jacksonville divorce lawyer today to schedule a consultation. Our team will walk you through each step of the process, explain your legal options, and create a strategy designed to support your long-term goals.