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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.

Waiting period
20 days

All divorces (court may shorten on a showing that injustice would result)[1]

Residency before filing
6 months[2]
Court-roster mediators per 100,000
27.7

6,469 listed · U.S. 8.3[8]

Key facts: divorce in Florida

Waiting period20 days[1] details ↓
Residency requirement6 months[2] details ↓
No-fault divorceYes[3] details ↓
Property divisionEquitable distribution (community property trust by choice)[4] details ↓
Court mediation for custodyRequired where a program exists[5] details ↓
Court mediation fees$60 or $120 per person per session[6] details ↓
Filing feeUp 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?

  1. 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”
  2. 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.”
  3. 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.”
  4. 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]

    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”
  5. 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.”
  6. 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;”
  7. 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”
  8. 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.

    Alimony in Florida, with the statute quoted →

  9. 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 →

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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]

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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]

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