Florida Family Laws

Filing fee for dissolution of marriage in Florida circuit court. Simplified dissolution costs approximately $408 including summons. Fee waivers are available for qualifying low-income filers.

At least one spouse must have been a Florida resident for at least 6 months immediately before filing.

Simplified dissolution has a 20-day mandatory waiting period before a hearing. There is no general mandatory waiting period for contested dissolutions beyond normal procedural scheduling.

Courts determine custody based on the best interests of the child, considering each parent's capacity to facilitate the parent-child relationship, moral fitness, mental and physical health, stability of the home, and the child's preference. A rebuttable presumption favors equal time-sharing.

Marital property is distributed equitably, beginning with a presumption of equal distribution. Courts may deviate based on the length of marriage, economic circumstances, contributions of each spouse, and other factors. Florida is NOT a community property state.

Permanent alimony was eliminated by SB 1416 (effective July 1, 2023). Remaining types: bridge-the-gap (up to 2 years, not modifiable), rehabilitative (up to 5 years), and durational — limited to 50% of marriage length for short-term (<10 years), 60% for moderate-term (10–20 years), and 75% for long-term (20+ years). Payors may petition for modification upon reaching retirement age.

Florida uses an income shares model based on combined parental income, number of children, overnights with each parent, health insurance costs, and daycare expenses.

Victims of domestic violence can obtain an injunction for protection. Ex parte temporary injunctions last up to 15 days. No residency requirement to petition. Can be filed where the petitioner resides, the respondent resides, or where the violence occurred.