Divorce is one of the most significant legal events a person can go through. Beyond the emotional weight, it involves a legal process that determines how your property is divided, whether spousal support is paid, and — if children are involved — how parenting responsibilities will be structured going forward.
This guide explains how divorce works in Florida, what to expect at each stage, and the key decisions you'll face. If you have specific questions about your situation in St. Johns County or the surrounding area, contact The Desai Firm for a consultation.
Florida Divorce Basics: What the Law Requires
Florida is a no-fault divorce state. This means neither spouse needs to prove wrongdoing — adultery, abandonment, or cruelty — to obtain a divorce. The only ground required is that the marriage is irretrievably broken. One spouse simply needs to state that the marriage cannot be saved, and the court will accept that.
To file for divorce in Florida, at least one spouse must have been a Florida resident for at least six months before filing. In St. Johns County, divorce cases are filed with the Circuit Court at the St. Johns County Courthouse in Saint Augustine.
Contested vs. Uncontested Divorce
The single biggest factor affecting how long your divorce takes and how much it costs is whether it is contested or uncontested.
Uncontested Divorce
An uncontested divorce means both spouses agree on all issues: property division, debt allocation, alimony (if any), and — if applicable — child custody, timesharing, and child support. When spouses reach full agreement, the process is significantly faster and less expensive. An uncontested divorce in Florida can often be finalized in 30 to 90 days after filing, depending on the court's schedule.
Contested Divorce
A contested divorce involves disputes on one or more issues that require the court to decide. This triggers a more involved process: mandatory financial disclosure, discovery, mediation, and potentially a trial. Contested divorces in Florida typically take 6 to 18 months, and complex cases involving significant assets, business interests, or high-conflict custody disputes can take longer.
The Florida Divorce Process Step by Step
- Filing the Petition: One spouse (the petitioner) files a Petition for Dissolution of Marriage with the circuit court. The other spouse (the respondent) is served with the petition.
- Response: The respondent has 20 days to file a response. Failing to respond can result in a default judgment.
- Financial Disclosure: Both parties must exchange mandatory financial disclosures — income, assets, debts, and expenses — within 45 days of service. This is required in all divorces involving property or support issues.
- Mediation: Florida courts require mediation before a contested divorce can go to trial. A neutral mediator helps the parties negotiate a settlement. Many divorces resolve at this stage.
- Trial (if necessary): If mediation fails to resolve all issues, the case proceeds to a final hearing or trial where a judge decides the unresolved matters.
- Final Judgment: The court enters a Final Judgment of Dissolution of Marriage, which ends the marriage and sets out the terms on all issues.
Property Division in Florida: Equitable Distribution
Florida follows the doctrine of equitable distribution, meaning marital property is divided fairly — but not necessarily equally. Courts begin with a presumption of equal (50/50) division and then consider factors that might justify an unequal split.
Marital vs. Non-Marital Property
Only marital property is subject to division. Marital property generally includes assets and debts acquired by either spouse during the marriage, regardless of whose name is on the account or title. Non-marital property — assets owned before the marriage, or received as individual gifts or inheritances during the marriage — is generally excluded, provided it hasn't been commingled with marital assets.
Factors Courts Consider
- Length of the marriage
- Each spouse's economic circumstances
- Contributions to the marriage, including homemaking and childcare
- Whether one spouse contributed to the other's education or career advancement
- Dissipation or waste of marital assets by either spouse
- Desirability of retaining the marital home for a custodial parent
Alimony in Florida
Florida law authorizes alimony (spousal support) when one spouse has a demonstrated need and the other has the ability to pay. Florida reformed its alimony laws significantly in 2023, eliminating permanent alimony and establishing clearer durational guidelines.
Types of Alimony Available
- Temporary alimony: Paid during the divorce process to help a lower-earning spouse cover living expenses.
- Bridge-the-gap alimony: Short-term support (up to 2 years) to help a spouse transition to single life.
- Rehabilitative alimony: Supports a spouse while they gain education or job training to become self-sufficient. Requires a specific plan.
- Durational alimony: For marriages of 3+ years where permanent support isn't appropriate. Duration cannot exceed 50% of the marriage length for short marriages, 60% for moderate-length marriages, and 75% for long marriages.
Courts consider factors including the standard of living during the marriage, the duration of the marriage, each spouse's earning capacity, age and health, and contributions to the marriage.
Divorce Involving Children: What Changes
When a couple with minor children divorces, the court must also establish a parenting plan that addresses parental responsibility (decision-making) and a timesharing schedule. Florida courts do not use the term "custody" — instead, the focus is on timesharing and parental responsibility.
Child-related issues in a divorce are governed by the best interests of the child standard. Learn more in our guide on child custody and timesharing in Florida.
How Long Does Divorce Take in Florida?
| Type | Typical Timeline |
|---|---|
| Uncontested (no children, simple assets) | 30–60 days |
| Uncontested (children or complex assets) | 60–120 days |
| Contested (resolves at mediation) | 4–9 months |
| Contested (goes to trial) | 12–24 months |
Common Mistakes to Avoid During a Florida Divorce
- Moving out of the marital home without legal advice. Leaving can have consequences for property rights and, if children are involved, for timesharing.
- Posting on social media. Anything you post can be used in court. Photos, statements, and check-ins are frequently introduced as evidence.
- Hiding or transferring assets. Florida courts take financial disclosure seriously. Concealing assets can result in sanctions and adverse rulings.
- Making major financial decisions unilaterally. Selling property, withdrawing large sums, or taking on new debt during the divorce can be scrutinized by the court.
- Letting emotions drive legal decisions. Contested litigation is expensive and exhausting. An attorney can help you evaluate whether fighting a particular issue is worth the cost.
Frequently Asked Questions About Florida Divorce
Can I get divorced in Florida if my spouse refuses to sign?
Yes. If the respondent is properly served and fails to respond or participate, the court can enter a default judgment. A divorce can proceed without the other spouse's cooperation.
Does adultery affect property division or alimony in Florida?
Florida is a no-fault state, so adultery does not affect property division. However, adultery can be relevant to alimony if marital funds were spent on an affair partner (a form of dissipation), or in limited circumstances affecting the alimony analysis.
What is a simplified dissolution of marriage?
Florida offers a simplified procedure for couples with no minor children, no significant property to divide, and full agreement. Both spouses must appear together at the courthouse. It is faster but waives the right to appeal and certain disclosures.
Do I need an attorney for a Florida divorce?
You are not legally required to have an attorney, but divorce involves permanent legal and financial consequences. Mistakes in a marital settlement agreement are very difficult to undo after the court enters the final judgment. Legal representation is strongly advised when property, children, or debt are involved.
Contact a Florida Divorce Attorney
If you are considering divorce or have been served with a petition in St. Johns County, Flagler County, or the surrounding Northeast Florida area, contact The Desai Firm for a free consultation. Paras J. Desai provides candid assessments and practical strategy — not guesswork or prolonged litigation for its own sake.