Florida calls it 'dissolution of marriage,' and it runs on a few rules that surprise people who assume every state splits things 50/50 or lets you skip the paperwork — Florida requires specific forms and a class before a judge will sign off.
Florida is a no-fault state: you don't need to prove wrongdoing, only that the marriage is 'irretrievably broken.' At least one spouse must have lived in Florida for six months before filing, and the case is filed in Circuit Court, Family Division, in the county where either spouse resides. Florida is also an equitable distribution state, not a community property state — the law starts from a premise that marital assets and debts should be divided fairly, which in practice often means close to equally, but a judge can adjust that split based on factors like each spouse's economic circumstances, contributions to the marriage (including as a homemaker), and any intentional dissipation of assets. Confirm the specifics with a Florida family lawyer, since 'equitable' gives judges real discretion that 'equal' would not.
Nonmarital property — generally what you owned before the marriage, or received individually as a gift or inheritance — is usually excluded from division, but only if you can show it stayed separate. Commingled funds (an inheritance deposited into a joint account, for example) are a common source of dispute, so tracing paperwork matters from the start.
Florida requires a sworn Financial Affidavit in virtually every case involving money, support, or property — there is no way around this if the divorce isn't purely uncontested with no financial issues at all. Which version you file depends on income: a shorter form for gross annual income under $50,000, a longer form above that threshold. Both require a detailed accounting of income, monthly expenses, assets, and liabilities, submitted under oath.
On top of the affidavit, Florida's mandatory disclosure rule requires each spouse to exchange a defined packet of financial documents — recent tax returns, pay stubs, and account statements among them — within a set window after the petition is served, without either side having to formally request it. Missing or incomplete disclosure is one of the most common sources of delay and of later disputes, so it's worth starting to gather these documents before anything is filed: tax returns for the last few years, recent pay statements, statements for every bank, retirement, and investment account, mortgage and property tax records, and documentation for any business interest.
Florida requires parents in any dissolution case involving minor children to complete a state-approved Parent Education and Family Stabilization Course before the court will enter a final judgment. This is a practical, not adversarial, requirement — it covers the effects of divorce on children and co-parenting logistics — but it's a hard prerequisite, so scheduling it early avoids it becoming the thing that stalls a final hearing. Courts also expect a parenting plan addressing time-sharing and decision-making authority, and child support follows Florida's statutory guidelines, calculated primarily from both parents' incomes and the time-sharing arrangement.
If both spouses agree on everything and there are no minor or dependent children, no real property disputes, and no request for alimony, Florida's simplified dissolution process can be faster and less costly — but it requires both spouses to appear together and waive certain rights, so it only fits genuinely uncontested situations.
1) Confirm residency: make sure at least one spouse has met the six-month Florida residency requirement before filing. 2) Start your financial affidavit early — pull pay stubs, tax returns, and account statements now, since you'll need them regardless of how the case proceeds. 3) If you're claiming nonmarital property, gather the tracing documents (opening statements, deposit records) that show it stayed separate from marital funds. 4) If there are minor children, register for the parenting course as soon as the case is filed rather than waiting until it's the last thing blocking your final judgment. 5) Get at least one consultation with a Florida family lawyer to understand how equitable distribution and alimony factors are likely to apply to your specific facts — 'equitable' is not a formula, and local practice varies by circuit.
Not automatically. Florida is an equitable distribution state, meaning the division should be fair, which often lands near equal but can shift based on each spouse's circumstances and contributions. Confirm with a local family lawyer how this applies to your assets.
In nearly every case involving money, support, or property, yes. Florida requires a sworn Financial Affidavit — a short form for lower incomes and a long form above $50,000 in gross annual income — as part of mandatory disclosure.
Yes. Florida requires parents in any dissolution case with minor children to complete the state's Parent Education and Family Stabilization Course before a final judgment can be entered, regardless of whether the parents agree on custody terms.
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This guide is general information, not legal advice. Laws change and differ by jurisdiction — confirm specifics with a local family lawyer or your court's official website. If you use SortMyDivorce, your letters stay confidential — never shared, never sold.