Divorce in Florida
A divorce in Florida can’t be final until at least 20 days after filing.[1] One spouse must have lived there 6 months before filing.[2] Property is divided equitably unless a couple opted into community property.[4] Divorce is no-fault only.[3] Each rule below links to the official text it comes from.
- Residency before filing
- 6 months[2]
Key facts: divorce in Florida
| Waiting period | 20 days[1] details ↓ |
|---|---|
| Residency requirement | 6 months[2] details ↓ |
| No-fault divorce | Yes[3] details ↓ |
| Property division | Equitable distribution (community property trust by choice)[4] details ↓ |
| Court mediation for custody | Required where a program exists[5] details ↓ |
| Court mediation fees | $60 or $120 per person per session[6] details ↓ |
| Filing fee | Up to $295 (plus add-on fees)[7] details ↓ |
Statutes and court rules as checked October 26, 2026. Not legal advice.
What are the divorce laws in Florida?
Not legal advice. These are plain-English summaries of Florida’s statutes and court rules as of the date shown on each; they can change and courts apply them case by case. Read the linked source or ask a lawyer licensed in Florida.
Waiting period
20 days
A final judgment of dissolution cannot be entered until at least 20 days after the original petition is filed, unless the court finds the delay would cause injustice.[1]
Fla. Stat. § 61.19 · checked October 26, 2026
Show statute text
“No final judgment of dissolution of marriage may be entered until at least 20 days have elapsed from the date of filing the original petition for dissolution of marriage”
Residency requirement
6 months
One spouse must have lived in Florida for 6 months before the petition is filed.[2]
Fla. Stat. § 61.021 · checked October 26, 2026
Show statute text
“To obtain a dissolution of marriage, one of the parties to the marriage must reside 6 months in the state before the filing of the petition.”
No-fault divorce
Yes, no-fault only
Florida grants a divorce when the marriage is irretrievably broken; the only other ground is a spouse's adjudicated mental incapacity for at least 3 years.[3]
Fla. Stat. § 61.052 · checked October 26, 2026
Show statute text
“(a) The marriage is irretrievably broken. (b) Mental incapacity of one of the parties.”
Property division
Equitable distribution (community property trust by choice)
The court sets aside each spouse's nonmarital property and divides marital assets and debts starting from the premise that the split should be equal, unless relevant factors justify an unequal split. Spouses may choose to hold property as community property in a community property trust under the Community Property Trust Act.[4]
Community property in Florida: the statute quoted →
Fla. Stat. § 61.075 · checked October 26, 2026
Show statute text
“the court must begin with the premise that the distribution should be equal, unless there is a justification for an unequal distribution based on all relevant factors”
Court mediation for custody
Required where a program exists
In circuits that have a family mediation program, the court must refer disputed custody, visitation, and other parental responsibility issues to mediation once it finds a dispute.[5]
Fla. Stat. § 44.102(2)(c) · checked October 26, 2026
Show statute text
“In circuits in which a family mediation program has been established and upon a court finding of a dispute, shall refer to mediation all or part of custody, visitation, or other parental responsibility issues as defined in s. 61.13.”
“Upon motion or request of a party, a court shall not refer any case to mediation if it finds there has been a history of domestic violence that would compromise the mediation process.”
Court mediation fees
$60 or $120 per person per session
When a circuit court's mediation program provides court-ordered family mediation, the clerk collects $60 per person per scheduled session if the parties' combined income is under $50,000, or $120 if it is between $50,000 and $100,000; indigent parties are not charged.[6]
Fla. Stat. § 44.108(2) · checked October 26, 2026
Show statute text
“One-hundred twenty dollars per person per scheduled session in family mediation when the parties’ combined income is greater than $50,000, but less than $100,000 per year;”
“Sixty dollars per person per scheduled session in family mediation when the parties’ combined income is less than $50,000;”
Filing fee
Up to $295 (plus add-on fees)
The clerk's base filing fee for a circuit court case under chapter 61 (dissolution of marriage) is up to $295, plus an additional $4 fee; other statutes add further fees, so the total charged varies by clerk.[7]
Fla. Stat. § 28.241(1)(a)1.b. · checked October 26, 2026
Show statute text
“The party instituting any civil action, suit, or proceeding in the circuit court under chapter 39, chapter 61, chapter 741, chapter 742, chapter 747, chapter 752, or chapter 753 shall pay to the clerk of that court a filing fee of up to $295”
Alimony
Court decides, within limits
Florida courts first decide whether one spouse needs alimony and the other can pay, then choose among temporary, bridge-the-gap, rehabilitative and durational alimony using listed factors. The statute caps the length of each type and the amount of durational alimony; permanent alimony is no longer one of the listed forms.
Divorce rate
2.8 per 1,000 residents (2024)
Florida’s courts granted 2.8 divorces per 1,000 residents in 2024, down from 5.1 in 2000; the U.S. rate was 2.3. In the Census Bureau’s 2024 survey, 7.3 of every 1,000 women 15 and older in Florida divorced in the past year (±0.6; U.S. 6.9), a different measure.[9][10]
Divorce rates by state, with sources → · CDC/NCHS NVSS; Census ACS · checked October 27, 2026
Estimate your divorce cost in Florida: mediation vs. court →
Florida child support calculator →
Mediators per 100,000: MediationList listings from official court and government rosters in Florida (6,469) ÷ population (23,372,215, U.S. Census Bureau, Vintage 2024 county population estimates (July 1, 2024)) × 100,000, the same figure as mediator statistics.[8]
Questions about divorce in Florida
How long does a divorce take in Florida?
The law sets the minimum, not the total: A final judgment of dissolution cannot be entered until at least 20 days after the original petition is filed, unless the court finds the delay would cause injustice. How long it takes after that depends on whether you agree and on the court's calendar. — Fla. Stat. § 61.19[1]
How long do you have to live in Florida to file for divorce?
One spouse must have lived in Florida for 6 months before the petition is filed. — Fla. Stat. § 61.021[2]
Is Florida a no-fault divorce state?
Florida grants a divorce when the marriage is irretrievably broken; the only other ground is a spouse's adjudicated mental incapacity for at least 3 years. — Fla. Stat. § 61.052[3]
Is Florida a community property state?
Not by default. The court sets aside each spouse's nonmarital property and divides marital assets and debts starting from the premise that the split should be equal, unless relevant factors justify an unequal split. Spouses may choose to hold property as community property in a community property trust under the Community Property Trust Act. — Fla. Stat. § 61.075[4]
Is mediation required for custody in Florida?
In circuits that have a family mediation program, the court must refer disputed custody, visitation, and other parental responsibility issues to mediation once it finds a dispute. — Fla. Stat. § 44.102(2)(c)[5]
How much does it cost to file for divorce in Florida?
The clerk's base filing fee for a circuit court case under chapter 61 (dissolution of marriage) is up to $295, plus an additional $4 fee; other statutes add further fees, so the total charged varies by clerk. — Fla. Stat. § 28.241(1)(a)1.b.[7]
How much does court mediation cost in Florida?
When a circuit court's mediation program provides court-ordered family mediation, the clerk collects $60 per person per scheduled session if the parties' combined income is under $50,000, or $120 if it is between $50,000 and $100,000; indigent parties are not charged. — Fla. Stat. § 44.108(2)[6]
More
Sources
Florida’s statutes and court rules, read on the official site, plus federal statistics; each with the date we checked it.
- Fla. Stat. § 61.19 (Online Sunshine, Florida Legislature)↩
- Fla. Stat. § 61.021 (Online Sunshine, Florida Legislature)↩
- Fla. Stat. § 61.052 (Online Sunshine, Florida Legislature)↩
- Fla. Stat. § 61.075 (Online Sunshine, Florida Legislature)↩
- Fla. Stat. § 44.102(2)(c) (Online Sunshine, Florida Legislature)↩
- Fla. Stat. § 44.108(2) (Online Sunshine, Florida Legislature)↩
- Fla. Stat. § 28.241(1)(a)1.b. (Online Sunshine, Florida Legislature)↩
- U.S. Census Bureau, Vintage 2024 county and state population estimates (July 1, 2024)↩
- CDC/NCHS, National Vital Statistics System: Divorce rates by State: 1990, 1995, and 2000-2024↩
- U.S. Census Bureau, American Community Survey 2024 1-year estimates, table https://data.census.gov/table/ACSDT1Y2024.B12503↩