Divorce in Florida

Nicknamed the “Sunshine State,” Florida is one of the U.S. states with an effortless divorce process if you and your spouse do meet certain criteria. Divorce in Florida is known as “dissolution of marriage.”

Filing for divorce in Florida requires either spouse to have lived in the state for at least six months before filing the divorce petition.1

Florida is exclusively a no-fault divorce state, which means a divorce can be granted without establishing the fault of either spouse. There are two grounds for divorce; the marriage is irretrievably broken, and one of the parties has been declared mentally incapacitated by a judge 3 years before filing for divorce.2 Florida doesn’t recognize traditional at-fault grounds for divorce.

Florida is an equitable distribution property state, and only property acquired during the marriage is subject to division. This means the division will divide property between the spouses in what is believed to be fair. The judge will consider factors during the division of property such as economic misconduct, contributions to a partner’s education, non-monetary contributions, and others which are listed in Florida divorce laws.3 A prenuptial agreement obtaining a property division agreement can take precedence over Florida’s property division laws.

1Fla. Stat. § 61.021

2Fla. Stat. § 61.052

3Fla. Stat. § 61.075(1)(a)–(j)