Florida Divorce Laws
Divorce Laws in Florida (FL)
Florida processes 78,000+ divorces annually. As an equitable distribution state, courts divide marital assets fairly based on multiple factors. Only no-fault divorce is available.
Filing Fee
$400–$410
Residency Req.
6 months
Waiting Period
20 days
Property Type
Equitable
Grounds for Divorce
Florida is a no-fault divorce state. You do not need to prove wrongdoing by either spouse. The only ground required is that the marriage is irretrievably broken. This is governed by FL Stat. §61.08.
Property Division
Florida is an equitable distribution state. This means courts divide marital property in a manner that is fair and equitable, but not necessarily equal. Judges consider factors including length of marriage, each spouse's earning capacity, contributions to marital assets, and the economic circumstances of each party.
The median uncontested divorce in Florida costs approximately $13,500. Contested cases with significant property disputes average $52,000.
Child Custody
Florida courts determine custody based on the best interest of the child standard. Courts consider the child’s relationship with each parent, each parent’s ability to provide a stable environment, the child’s adjustment to home and school, and any history of domestic violence or substance abuse.
Florida uses the Income Shares model. Both parents' incomes are combined, and a state guideline table determines the total support obligation. Each parent's share is proportional to their percentage of the combined income.
Alimony & Spousal Support
Spousal support in Florida is determined by considering the length of the marriage, each spouse’s income and earning capacity, the standard of living established during the marriage, and each spouse’s contributions (including homemaking). Courts may award temporary, rehabilitative, durational, or permanent alimony depending on the circumstances.
Under FL Stat. §61.08, the court has broad discretion in setting the amount and duration of spousal support. Longer marriages (typically 15+ years) are more likely to result in longer-term or permanent alimony awards.
Filing Requirements & Costs
| Residency Requirement | 6 months |
| Filing Fee | $400–$410 |
| Waiting Period | 20 days |
| No-Fault Available | Yes (only option) |
| Fault Grounds Available | No |
| Child Support Model | Income Shares |
| Governing Statute | FL Stat. §61.08 |
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Frequently Asked Questions
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Create Free AccountThis page provides general information about divorce laws in Florida and is not legal advice. Laws change frequently — verify current statutes with FL Stat. §61.08 or consult a licensed Florida attorney. Last reviewed March 2026.