Florida Divorce Laws

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.