Step 1: Meet the Residency Requirement
Under Florida Statutes section 61.021, at least one spouse must have lived in Florida for six continuous months before filing. Florida is a no-fault state, so you do not have to prove wrongdoing. The usual ground is that the marriage is irretrievably broken.
Step 2: File the Petition and Serve Your Spouse
The case starts when one spouse files a Petition for Dissolution of Marriage in the circuit court of the county where either spouse lives. The other spouse must then be formally served, and has 20 days after service to respond. If the spouses agree on everything, a joint petition can skip the contested stages entirely.
Step 3: Financial Disclosure
Each spouse must prepare a financial affidavit, and the family court rules require an exchange of key financial documents, generally within 45 days after service. This disclosure is mandatory and cannot be waived, and it is the backbone of every property and support decision.
Step 4: Temporary Relief
While the case is pending, either spouse can ask the court for temporary orders on issues such as who stays in the home, temporary support, and a temporary parenting schedule for the children.
Step 5: Parenting Course and Mediation
If the spouses have minor children, both must complete a parenting course before the final judgment. Most circuits also require mediation before a trial date is set, and the large majority of cases settle there.
Step 6: Settlement or Trial
If you reach an agreement, it is written into a marital settlement agreement and submitted to the judge, often with a short final hearing. If you cannot agree, the case goes to trial, where the judge decides property division, alimony, and parenting issues.
Realistic Timelines
- Uncontested divorce: often a few weeks to a few months once the paperwork is complete.
- Contested divorce: commonly six to eighteen months, and longer for cases with businesses, significant assets, or disputes about the children.
These are estimates only. Court calendars, how quickly each side produces documents, and whether you reach a settlement all affect the schedule.
Ways to Keep It Faster and Cheaper
- Gather financial records early
- Settle what you can agree on and narrow the disputes
- Use mediation in good faith
- Avoid inflammatory communications, which become evidence
How We Can Help
We guide clients through each step, from uncontested filings to contested cases, in person or by video call. We will tell you honestly where your case falls on that timeline.