Florida's no-fault divorce process does not require proving that a spouse caused the marriage to fail. It still requires jurisdiction, proper procedure, and resolution of the family's financial and parenting issues.
Residency and grounds
At least one spouse must have resided in Florida for six months before filing, and residency must be corroborated as required by law. The usual ground is that the marriage is irretrievably broken. The alternative incapacity ground requires an adjudication of incapacity for at least three preceding years and additional protections for the incapacitated spouse. Fla. Stat. §§ 61.021, 61.052(1)–(2) (2026).
Gather identification and evidence of when Florida residency began. Tell counsel where both spouses and any children have lived. The authority to dissolve a marriage and the authority to decide support, property, or child-related issues may require separate jurisdictional analysis, especially when another state is involved.
Contested and uncontested cases
An uncontested case requires agreement on every issue presented for resolution. Discuss property, debts, support, parenting, retirement implementation, and fees before describing a case as uncontested. A written settlement should answer practical questions about deadlines and performance.
Simplified dissolution is a separate procedure with specific eligibility requirements, including the absence of minor or dependent children and pregnancy, and no alimony claim. Fla. Fam. L. R. P. 12.105. Ask whether it fits your circumstances rather than selecting it only because the paperwork appears shorter.
In a contested case, prepare for service, responsive pleadings, disclosure, discovery, temporary issues, and final resolution. Bring any summons or hearing notice to counsel promptly. The requested relief should be addressed in the pleadings before a hearing is approached as a chance to resolve it.
Financial disclosure and mediation
Rule 12.285 generally requires disclosure within 45 days after service of the initial pleading on the respondent, subject to exceptions, court orders, and permitted adjustments. Earlier temporary-financial-relief hearings have separate deadlines: ordinarily at least 10 days before the hearing for the requesting party and five days for the responding party. A joint verified waiver of filing financial affidavits is not a waiver of exchanging the sworn affidavits required for that waiver. Financial source documents generally should not be filed without court authorization. Fla. Fam. L. R. P. 12.285(a)–(e).
Organize account statements, income records, debts, and ownership documents early. Review them for inconsistencies before signing an affidavit. Keep proposed settlement terms tied to verified balances and realistic budgets.
Mediation can help resolve appropriate family disputes, but safety screening matters. Upon a party’s motion or request, the court must not refer a case if it finds a history of domestic violence that would compromise mediation. Inform counsel about violence, injunctions, and safety concerns before referral. Prepare verified valuations, support calculations, and settlement priorities. Fla. Stat. § 44.102(2)(c) (2026); Fla. Fam. L. R. P. 12.740.
How long will divorce take
Florida generally prohibits final judgment until 20 days after filing, subject to an injustice exception. Fla. Stat. § 61.19 (2026). This is a minimum delay, rather than a promised completion date. Service, disclosure, disputed issues, and hearing availability affect the actual timeline.
What to bring to a consultation
- Residency evidence
- marriage details
- petitions and service papers
- agreements
- a list of disputed and agreed issues
- financial records
- children’s residence history
- and any protective orders
When to act promptly
Send any summons, petition, or hearing notice to counsel promptly. The 20-day statutory waiting period is a minimum delay, not a guaranteed completion date. Temporary support, safety, and asset-preservation issues may require earlier attention.
Contact The Desai Firm at (904) 563-6952 or pd@desaifirm.com to discuss filing for divorce or responding to a petition.