Florida Divorce Laws 10

In: Florida

The Basics of Divorce in Florida

Also See: Florida Marriage Laws

Statute: Florida State Divorce Code (Title 6, Chapter 61): flsenate.gov

No-Fault Grounds:

  • Irretrievable breakdown
  • Mental incapacity of one of the parties for a period of at least 3 years prior to filing

At-Fault Grounds: No At Fault Grounds in Florida

Residency: Either party must have been a resident continuously for 6 months or more prior to filing.

Legal Separation Recognized? No.

Counseling Requirements: The court may require mediation on contested issues regarding visitation, child support and parental responsibility.

Property Distribution : Florida relies on “equitable distribution” so the court will distribute the marital property “in an equitable manner” if the parties can’t agree on their own. Separate property (property acquired prior to the marriage, as a gift or through inheritance) is not included in property distribution.

Alimony : Alimony may be awarded to either party and is at the discretion of the judge. Fault is not a consideration.


  • Zena Beard

    I have been married for 5 years and my husband did not work he is about to get disability do to a cancer. I took care of him through out the whole marriage am I entitle to part or any of his disability (lump sum). he live in florida and I moved to NC in Jan of this year.

    • what’s-right

      If you want to share in 50% of his cancer then you’re entitled to 50% of the disability. If you want to pay 1/2 his bills you can have 1/2 his disability.


  • dawn

    i have been seperated for 3 years and have droped my dvi against my husband if i file for divorce will i still be intitled to my fair share of our home and assets i was a hosewife there for over 18 years but i moved out will this affect my getting my share

    • what’s-right

      If he abandoned you would you agree to give him a fair share of the home and assets??

      What exactly would a fair share be now that you’re giving it to him instead of him giving to you?

  • syndi

    can i get my ex spouse to pay 1/2 for our child 17 years old college expenses if not in divorce decrea?

  • Adriana Cruz

    I am trying to help my friend to get a divorce in Broward County FL. He has been married for 8 years now, but hasn’t been actually living with
    ” the wife” for 7 years, and He does not know where she could be living… No information at all. What would be the steps to take in order to get a divorce. my friend can not afford a lawyer. And I will help him with filling, filling up forms and gathering information.
    Can you help me, please? I dont know where to start.
    Thank you,
    Adriana Cruz

  • amanda

    My brother married this girl when he was home in July they were married about a week n he had tp go back to Germany …2 weeks in she turned lesbian n said they were done n she wanted a divorce he went to JAG they told him they needed counciling well he’s over seas in the army she’s here in fl …she won’t respond to him but yesterday she called his unit somehow n told them he owes her allimony…how does he go about this ?? She’s money hungry n garbage and a cheater

  • DonL

    My neighbor has 4 children by a man (they never married) whose has made absolutely NEVER made any effort to contact his children or their mother in over 2 years. He never paid any child support because he claims no work but supports another woman & child of his at home. Now unexpectedly he is filing for joint custody of the 4 children no doubt to avoid paying any child support if he works. What course of action is available to the children’s mother to stop this mockery of justice! They all live in Palm Beach County, FL. Thank you.

  • jackie

    My cousin has been separated for the past year. She has divided most of her assets with her husband. Now, she is planning to purchase a home while separated. Will her husband be entitled to her new property? thank you.

  • Kay Blevins

    My brother has been seperated from his wife over 5 years. They owned a house in nj which was sold and monkey split in 2004. They both since have moved to Florida but live in seperated houses. Everything my brother purchased was with his own share. He has now become sick and is on hospice. Can his ex wife control all decisions with health and all his property including home car money? They were never divorced but she is now stepping in and trying to control it all. Is this the law. He has no will. Her name is not on house mobile home car or bank accounts. What if anything can I do to stop her.