Florida Divorce Process

To file for dissolution of marriage in Florida: - **Residency**: At least one spouse must have lived in Florida for at least 6 months before filing - **Filing fee**: $408 (Petition for Dissolution of Marriage) - **Where to file**: In the circuit court of the county where either spouse resides - **Waiting period**: 20 days from filing (can be waived if both parties agree) Florida has no separation requirement — you can file while still living together.

Florida is one of the true no-fault states — you cannot file for divorce based on fault grounds like adultery or cruelty. The only ground is that the marriage is 'irretrievably broken.' This means: - No need to prove wrongdoing - Either spouse can file unilaterally - The court cannot deny a divorce if one spouse says the marriage is irretrievably broken - Marital misconduct generally cannot be considered in property division The exception: dissipation of assets (wasteful spending during the breakdown of the marriage) can still be considered.

Florida has some of the most comprehensive mandatory disclosure rules in the country. Under Florida Family Law Rule 12.285, both parties must automatically provide: - **Financial Affidavit** (Family Law Form 12.902) — detailed income, expenses, assets, and debts - Tax returns for the past 3 years - Pay stubs for the past 3 months - Bank statements for the past 3 months - Credit card statements - Retirement account statements - Business records (if applicable) These documents must be provided within 45 days of service of the petition, without being requested. Failure to comply can result in sanctions.

**Uncontested divorce**: 4-8 weeks if both parties agree on all issues and complete paperwork promptly. **Contested divorce**: 6-18 months depending on complexity. Cases involving businesses, custody disputes, or significant assets take longer. **Key milestones**: 1. Filing petition (Day 1) 2. Service on spouse (within 120 days) 3. Mandatory 20-day waiting period 4. Mandatory disclosure (45 days from service) 5. Mediation (required in most counties for contested issues) 6. Final hearing and judgment