Getting Divorced in Florida: Residency, Timelines, and Property Rules

Florida divorce runs on five rules. Residency: at least one spouse must have lived in Florida for six months before filing. Grounds: pure no-fault — the marriage is "irretrievably broken," with no misconduct requirement (though conduct like asset dissipation can still affect financial outcomes). Property: equitable distribution — marital assets and debts divided fairly, starting from a presumption of equal, adjusted by statutory factors. Alimony: Florida's 2023 reform eliminated permanent alimony, establishing duration limits tied to marriage length and codifying bridge-the-gap, rehabilitative, and durational forms — a structural change that reshaped long-marriage divorce economics. [LEGAL REVIEW: confirm current framework.] Children: Florida requires a parenting plan covering time-sharing and decision-making, evaluated under best-interests factors, with a statutory framing that treats substantial time with both parents as the general starting point. [LEGAL REVIEW: current time-sharing presumption language.]

The process, Florida-flavored. Simplified dissolution offers the fastest track for couples with full agreement, no minor children, and limited circumstances; regular dissolution follows the standard arc — petition, mandatory disclosure (Florida's financial affidavit requirements are specific and enforced), parenting course for parents of minors, mediation (required in most circuits before trial), then settlement or trial. Uncontested cases can finalize in weeks after filing; contested cases run months to a year-plus.

Florida-specific assets and wrinkles. The homestead brings unique protections and transfer rules into play; Florida's lack of state income tax changes support math relative to states departing spouses may compare against; and the state's large retiree and snowbird populations make dual-state property and residency questions routine — points where Florida family counsel earns its fee.