Florida's Residency Requirements

The petitioner must have been a resident of Florida for 6 months before filing for divorce.

Florida's Grounds for Divorce

Florida residents may file for divorce under fault or no-fault grounds.

Florida's no-fault grounds is:

• irretrievable breakdown of the marriage

Florida's fault grounds is:

• incurable mental illness resulting in institutionalization for 3 years or more

Florida's Child Custody Guidelines

Divorcing parents are allowed to collaborate on a child custody arrangement. If the parents cannot reach a decision, a Florida court will make a ruling.

Florida courts consider factors such as:

• wishes of the child, if the child is of a sufficient age and capacity to decide
• whether the custodial parent would allow the noncustodial parent and the child to maintain a meaningful relationship
• any evidence of abuse in each parent's past
• each parent's moral, mental, and physical fitness

Florida's Child Support Guidelines

If the parents cannot agree on the amount of child support and the paying parent, child support will be decided by state-specific calculations and guidelines.

Florida courts consider factors such as:

• the age and needs of the child
• the standard of living experienced by the child previously
• each parent's financial status and ability to pay child support

Florida's Spousal Support Guidelines

Spousal support can be paid in one lump sum, in installments, or periodically. The spouses may determine the spousal support amount and payment schedule, or the courts may award spousal support.

Florida courts will consider factors such as:

• duration of the marriage
• standard of living experienced during the marriage
• each spouse's employability and marketable skills
• whether one spouse supported or contributed to the other spouse's career

Florida's Property Division Guidelines

Florida has adopted equitable guidelines, which means all property (including gifts and inheritances) will be divided as fairly and equally as possible. Spouses may collaborate on the property distribution, but if they are unable to agree the courts will make a ruling.

Florida courts will consider factors such as:

• duration of the marriage
• the standard of living experienced during the marriage
• each spouse's contribution to the marital property and assets, including contributions of the homemaker
• each spouse's financial situation

Florida's Venue Guidelines

The petitioner may file the divorce forms in the respondent's Florida county of residence.

The petitioner may also file the divorce forms in the last Florida county the spouses resided in together.