August 7, 2025
Divorce is a challenging and emotional process, and understanding the legal framework in Florida can help you make informed decisions. Florida divorce laws, also referred to as “dissolution of marriage” laws, govern how the courts handle matters such as property division, child custody, alimony, and other critical issues. Whether you are considering filing for divorce or are already in the process, knowing the basics can make a significant difference.
Grounds for Divorce in Florida
Florida is a “no-fault” divorce state. This means that you do not need to prove wrongdoing by your spouse. The primary grounds for divorce are that the marriage is “irretrievably broken” or that one party has been mentally incapacitated for at least three years.
Division of Assets and Property
Florida follows the principle of “equitable distribution” when dividing marital property and debts. This means that assets are divided fairly but not necessarily equally. Marital assets typically include property, bank accounts, retirement accounts, and investments acquired during the marriage, regardless of whose name is on the title. Separate property—assets owned before the marriage, gifts, or inheritances—are generally excluded unless they were commingled with marital assets. The court considers factors such as each spouse’s contribution to the marriage, the length of the marriage, and each party’s economic circumstances when determining distribution.
Child Custody and Parenting Plans
In Florida, the term “custody” has been replaced with “time-sharing” to emphasize the importance of shared parental responsibility. The court’s primary concern is the best interests of the child. Parenting plans outline how parents will share decision-making responsibilities and time with the child. Factors influencing the court’s decision include the child’s age, health, emotional needs, and the parents’ ability to cooperate. The goal is to encourage ongoing and meaningful relationships between the child and both parents.
Child Support
Child support in Florida is calculated based on statutory guidelines that consider each parent’s income, the number of overnight stays each parent has with the child, and other expenses such as healthcare and childcare costs. The state aims to ensure that children maintain a similar standard of living after the divorce as they had during the marriage.
Alimony in Florida
Alimony, or spousal support, may be awarded when one spouse needs financial assistance and the other has the ability to pay. Florida recognizes several types of alimony, including bridge-the-gap, rehabilitative, durational, and permanent alimony. The court considers factors such as the length of the marriage, the standard of living established during the marriage, the financial resources of each spouse, and contributions to the marriage, including homemaking and childcare.
The Divorce Process
The process typically begins with one spouse filing a Petition for Dissolution of Marriage in the appropriate county court. The other spouse must be served and given time to respond. The parties then exchange financial disclosures and may enter negotiations or mediation to resolve disputes. If an agreement is reached, the court can finalize the divorce without a trial. If not, the case proceeds to trial, where a judge makes the final decisions on contested issues.
Why Legal Guidance Matters
While Florida law provides a framework, each divorce case is unique. An experienced attorney can help protect your rights, negotiate fair settlements, and guide you through complex issues. At Casais & Prias, PLLC, we approach every divorce with compassion, diligence, and a commitment to securing the best possible outcome for our clients.
Contact Casais & Prias, PLLC at (305) 722-8015 to schedule a consultation and discuss your divorce case with an experienced family law attorney.
Florida Divorce Laws FAQs
What is the residency requirement for filing for divorce in Florida? One spouse must have lived in Florida for at least six months before filing.
Does equitable distribution mean a 50/50 split? Not necessarily. The court aims for fairness, which can result in an unequal but equitable division.
Can my spouse and I create our own parenting plan? Yes. If both parties agree and the court finds it to be in the child’s best interests, it will be approved.
Is alimony guaranteed in a Florida divorce? No. Alimony is awarded based on need, ability to pay, and other statutory factors.
Can I get a divorce without going to court?
Yes. Uncontested divorces, where both parties agree on all terms, can be finalized without a trial.
What happens to our debts in a divorce?
Debts acquired during the marriage are divided under the same equitable distribution principles as assets.
How long does a divorce take in Florida?
It depends. Uncontested divorces may finalize in a few months, while contested cases can take a year or more.