Plain-English, not legal advice. This is an overview of Florida law so you know the landscape. Amicably is a document preparation service, not a law firm — for advice about your specific situation, talk to a Florida family-law attorney.
Florida is a no-fault state
Florida calls divorce a dissolution of marriage, and it's a no-fault state. You don't have to prove your spouse did anything wrong — the only ground you need is that the marriage is "irretrievably broken." Either spouse can seek the divorce, and one spouse wanting it is enough; the other can't stop it by refusing to agree the marriage is over.
Who can file (the residency rule)
To file for divorce in Florida, at least one spouse must have lived in Florida for the six months immediately before filing. You prove it with a Florida driver's license, state ID, or voter registration issued at least six months earlier, or a corroborating witness. Meet that and you file in the circuit court of the county where either spouse lives.
How the process works
Every Florida divorce follows the same skeleton: one spouse files a petition, the other is notified (or joins), financial information is exchanged, and — after a mandatory 20-day waiting period — a judge signs the final judgment. How long and how expensive it gets depends entirely on whether you agree. For the full walkthrough, see how to file for divorce in Florida.
How property is divided: equitable distribution
Florida is not a "community property" state and does not automatically split everything 50/50. It follows equitable distribution (§ 61.075): the court divides marital property and debt fairly, starting from a presumption of an equal split but adjusting it when there's a justified reason. "Equitable" means fair, not necessarily equal.
The first job is sorting what even counts as marital:
Marital — gets divided
- • Income earned during the marriage
- • A home bought during the marriage
- • Retirement/401(k) built during it
- • Debts taken on during the marriage
- • Jointly titled property
Non-marital — you keep
- • Assets owned before the marriage
- • Gifts & inheritances to one spouse
- • Premarital savings
- • Anything excluded by a prenup
- • (unless commingled — see below)
A judge can order an unequal split for reasons listed in the statute — for example, one spouse intentionally wasting or hiding marital money, big differences in each spouse's contributions, or keeping the marital home for a dependent child. A common trap: separate property (like an inheritance) can become marital if it's commingled or improved with marital money. Property division is decided separately from alimony and child support, though the result feeds into those.
The starting point: an equal split of the marital estate
…which a judge can shift when justified: hiding or wasting marital money · unequal contributions · keeping the home for a child
Alimony after the 2023 reform
Florida overhauled alimony in 2023. The biggest change: permanent (lifetime) alimony was eliminated. Courts now award only temporary, bridge-the-gap, rehabilitative, or durational alimony — each time-limited — and only after finding one spouse's need and the other's ability to pay. Durational alimony is capped in both length and amount. For the full breakdown, see our guide to alimony in Florida.
Time-sharing and child support
Florida doesn't use the word "custody." Instead, parents follow a parenting plan that sets time-sharing (the schedule) and decision-making, and the default is shared parental responsibility — both parents stay involved unless that would harm the child. As of the 2023 reform, Florida law now starts from a rebuttable presumption that equal (50/50) time-sharing is in the child's best interest — a presumption either parent can overcome with evidence. Child support is set by a statewide guidelines formula based on both parents' net incomes, the number of overnights, and costs like health insurance and daycare. See filing for divorce with a child for how this works in practice.
Does adultery matter?
For granting the divorce, no — Florida's no-fault rule means you never have to prove or disprove cheating to end the marriage. But adultery can matter financially in two narrow ways: a court may consider it (and its economic impact) when setting alimony, and marital money a spouse spent on an affair can count as dissipation that justifies an unequal property split. Outside of money, fault generally doesn't change the outcome.
The easy path: agreeing
Here's the thread running through all of it: these laws mostly describe what a judge decides when spouses can't agree. If you and your spouse settle the terms yourselves — property, support, and any parenting arrangements — there's little left for the court to rule on, and your divorce is uncontested: faster, cheaper, and usually without a courtroom. That's what Amicably is built for: we prepare your complete, court-ready Florida divorce for a flat $99 when you agree.
Agree with your spouse? See if you qualify
Answer a few questions in about 3 minutes and we'll tell you your simplest path — and prepare your Florida divorce for a flat $99.
Check if you qualifyFrequently asked questions
Is Florida a no-fault divorce state?
Yes. Florida is a no-fault state, so you don't have to prove your spouse did anything wrong. The only ground you need is that the marriage is "irretrievably broken," and one spouse wanting the divorce is enough — the other can't block it.
Is Florida a 50/50 divorce state?
Not automatically. Florida uses equitable distribution, meaning marital property is divided fairly — starting from a presumption of an equal split, but a judge can order an unequal division when there's a justified reason. It's fairness, not an automatic 50/50 rule. (Separately, for children, the 2023 reform added a presumption that equal time-sharing is best.)
Who gets the house in a divorce in Florida?
If the home is marital property, options include one spouse buying out the other, selling and splitting the proceeds, or the court awarding exclusive use to the parent with majority time-sharing so a dependent child can stay there. If the home was owned before the marriage and kept separate, it may be non-marital and stay with its owner.
What are the residency requirements for divorce in Florida?
At least one spouse must have lived in Florida for the six months immediately before filing the petition, proven with a Florida driver's license, ID, or voter registration issued at least six months earlier, or a corroborating witness.
Does adultery affect a divorce in Florida?
Not for granting the divorce — Florida is no-fault. But it can matter financially: a court may weigh adultery and its economic impact when setting alimony, and marital money spent on an affair can support an unequal property split as dissipation.
How is property divided in a Florida divorce?
By equitable distribution under Florida law. The court identifies marital assets and debts (generally those acquired during the marriage), keeps each spouse's non-marital property separate, and divides the marital portion fairly — presumed equal unless statutory factors justify an unequal split.
Does Florida still have permanent alimony?
No. Florida's 2023 reform eliminated permanent alimony. Courts can now award only temporary, bridge-the-gap, rehabilitative, or durational alimony, each with time limits, and only when one spouse shows need and the other the ability to pay.
Official sources
Florida Statutes, Chapter 61 — Dissolution of Marriage (§§ 61.021, 61.052, 61.075, 61.08, 61.13, 61.19, 61.30)
Florida Courts — Dissolution of Marriage resources
The Florida Bar — Divorce in Florida (consumer pamphlet)
Reviewed by the Amicably document team
Amicably is a Florida registered legal document preparation service. We prepare uncontested Florida divorce packets from the official Florida Supreme Court–approved family law forms. We are not a law firm and do not provide legal advice; this guide is general information about Florida law, not advice about your case.