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Divorce with Children in Florida

How divorce affects children in Florida. Custody, support, and co-parenting strategies. Florida follows equitable distribution.

Property Type

Equitable

Filing Fee

$400–$410

Median Cost

$13,500–$52,000

Annual Divorces

78,000+

Understanding Divorce with Children in Florida

Florida courts determine all custody matters using the best interest of the child standard. This means the court evaluates each parent’s ability to provide a stable, nurturing environment, the child’s existing relationships and routines, and any special needs or preferences (for children old enough to express them).

Child support in Florida is calculated using the Income Shares model. Both parents' incomes are combined, and the state's guideline table determines the total obligation. Each parent's share is proportional to their income.

Florida recognizes both legal custody (decision-making authority) and physical custody (where the child lives). Joint legal custody is common; physical custody arrangements vary based on the family’s circumstances. The filing fee to initiate custody proceedings in Florida is $400–$410.

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Common Questions

How long do you have to live in Florida to file for divorce?
Florida requires 6 months of residency before you can file for divorce. FL Stat. §61.08 governs the filing requirements.
Is Florida a community property or equitable distribution state?
Florida follows equitable distribution rules, meaning the court divides marital assets fairly but not necessarily equally.
How much does a divorce cost in Florida?
Filing fees in Florida range from $400–$410. The median total cost is approximately $13,500 for uncontested divorces and $52,000 for contested cases.
How long does a divorce take in Florida?
Florida has a mandatory waiting period of 20 days. Uncontested divorces typically finalize in 2–4 months, while contested cases can take 12–18 months or longer.
How is child support calculated in Florida?
Florida uses the Income Shares model, based on both parents' combined income. The formula considers both parents' incomes, number of children, health insurance costs, and childcare expenses.

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Related Resources

This page provides general information about divorce with children in Florida and is not legal advice. Verify current statutes with FL Stat. §61.08 or consult a licensed Florida attorney. Last reviewed March 2026.