How To File for Divorce in Florida

Rohom Khonsari March 4, 2026

Filing for divorce in Florida, legally known as a dissolution of marriage, begins with meeting state residency requirements and submitting a formal petition to the court. The process then involves addressing critical matters such as the division of assets, financial support, and, if applicable, arrangements for children. Understanding each step is fundamental to protecting your interests, especially when significant or complex financial holdings are involved.

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What Are Florida’s Divorce Requirements?

Before you can begin the process, it’s important to understand the foundational rules for divorce in the Sunshine State. Florida is what’s known as a “no-fault” state. This simply means that you do not have to prove that your spouse did something wrong, like adultery or abandonment, to be granted a divorce. Instead, one of the parties just needs to state that the marriage is “irretrievably broken,” which is a legal way of saying that there’s no chance of reconciliation.

The other primary requirement is residency. According to Florida Statute 61.021, at least one of the spouses must have resided in Florida for a minimum of six months before filing the initial paperwork with the court. Proof of residency, such as a Florida driver’s license or a voter registration card, may be required to confirm this.

The Initial Steps: Filing the Petition for Dissolution of Marriage

The formal divorce process starts when one spouse, known as the “Petitioner,” files a document called a Petition for Dissolution of Marriage with the circuit court in the appropriate county. This document provides the court with basic information about the marriage and states what the Petitioner is requesting in the divorce, such as how property should be divided or if they are seeking spousal support.

Once the petition is filed, it must be formally delivered to the other spouse, known as the “Respondent.” This step is called “service of process,” and it ensures the Respondent is officially aware of the legal action. The Respondent then has a specific amount of time to file a formal response.

Along with the petition, Florida law requires both parties to provide complete financial transparency. This is usually done through a few key documents:

• Financial Affidavit: This is a sworn statement detailing your individual income, expenses, assets, and liabilities. There are different forms depending on your annual income.
• Certificate of Compliance with Mandatory Disclosure: This document confirms you have gathered and will provide a list of required financial documents, such as tax returns, bank statements, and pay stubs.
• Uniform Child Custody Jurisdiction and Enforcement Act (UCCJEA) Affidavit: This is only required if you and your spouse have minor children together. It provides the court with information about the children’s residencies over the past five years.

These initial documents set the stage for all future negotiations and court decisions, making accuracy and completeness incredibly important.

High-Asset Divorce in Florida

When a marriage involves substantial or complex financial portfolios, the divorce process requires a more detailed and strategic approach. A high-asset divorce isn’t just about having more money; it’s about the complexity of the assets themselves and the diligence required to value and divide them fairly. Knowing how to file for divorce in Florida when significant wealth is on the line means paying close attention to these financial details from the very beginning.

What is Considered a High-Value Asset?

High-value or complex assets can come in many forms, and identifying them is the first step. These often require professional valuation to determine their true worth. Some common examples in the St. Petersburg and greater Tampa Bay area include:

• Business Interests: Ownership in a family business, a medical practice, or a tech startup.
• Real Estate Holdings: This can include the primary residence, vacation properties along the Gulf Coast, or commercial real estate investments.
• Investment Portfolios: Stocks, bonds, mutual funds, and other securities.
• Retirement and Pension Plans: 401(k)s, IRAs, and deferred compensation plans.
• Unique Property: Collections of fine art or classic cars, yachts, and expensive jewelry.

Properly identifying and valuing these assets is critical to ensuring a fair distribution and protecting your financial future.

The Importance of Financial Disclosure and Discovery

While all Florida divorces require financial disclosure, it becomes a much more intensive process in high-asset cases. The standard financial affidavit may not be enough to capture the full picture. This is where the “discovery” process comes in. Discovery is the formal process through which each party can obtain evidence and information from the other.

This can involve several tools:

1. Interrogatories: Written questions that the other party must answer under oath.
2. Requests for Production: Formal requests for documents, such as business financial statements, loan applications, or statements for hidden offshore accounts.
3. Depositions: Out-of-court testimony given under oath where an attorney can ask questions of the other spouse or other relevant individuals, like a business partner.

In cases involving businesses, like a popular restaurant in the Grand Central District or a thriving local medical facility, it is often necessary to hire a forensic accountant or a business valuation professional. These individuals can analyze financial records to determine a business’s true value and identify any attempts to hide assets or misrepresent income.

Equitable Distribution: How Florida Divides Marital Property

One of the most common questions people have is how their property will be divided. Florida follows the principle of “equitable distribution,” as outlined in Florida Statute 61.075. Equitable distribution means the court will divide marital assets and liabilities in a way that is fair, but not necessarily a perfect 50/50 split.

The first task is to distinguish between marital and non-marital property.

• Marital Property: This generally includes all assets and debts acquired or earned by either spouse during the marriage. It doesn’t matter whose name is on the title. A paycheck deposited into a separate account is still marital property.
• Non-Marital Property: This typically includes assets owned by a spouse before the marriage, or gifts and inheritances given to one spouse individually during the marriage, as long as they were kept separate.

The court begins with the premise that division should be equal. However, a judge can order an unequal distribution based on a variety of factors. These considerations help ensure the final arrangement is truly fair based on the unique circumstances of the marriage.

Addressing Alimony and Spousal Support in Florida

Alimony, also called spousal support, is a payment made from one spouse to the other to provide financial support following a divorce. It is not awarded in every case. A court will first determine if one spouse has a need for alimony and if the other spouse has the ability to pay it.

In 2023, Florida’s alimony laws underwent significant changes with the passing of new legislation. One of the most notable changes was the elimination of permanent alimony. The types of alimony now available in Florida have been refined, and it’s important to understand them:

• Bridge-the-Gap Alimony: Helps a spouse transition from married to single life with short-term support.
• Rehabilitative Alimony: Helps a spouse acquire skills or education to become self-supporting. A detailed plan must be submitted to the court.
• Durational Alimony: Provides economic assistance for a set period of time, which cannot exceed the length of the marriage.

The court considers many factors when deciding the type and amount of alimony, including the length of the marriage, the standard of living established during the marriage, each person’s age and health, and each person’s financial resources and earning capacity. 

The Divorce Process: Mediation vs. Litigation

Not every divorce has to end in a contentious courtroom battle. In fact, most cases in Florida are settled outside of court. There are two primary paths for resolving the issues in a divorce: mediation and litigation.

• Mediation is a process where a neutral third party, the mediator, helps the two spouses and their attorneys negotiate a settlement agreement. It is a confidential and collaborative process that allows you to have more control over the outcome of your case. For many, it is a less stressful and more cost-effective way to finalize a divorce.
• Litigation is the more traditional process where a judge makes the final decisions after hearing arguments and evidence from both sides in a courtroom. While it is sometimes necessary, especially if there is a high degree of conflict or one party is unwilling to be reasonable, it can be a lengthy and expensive process.

Many high-asset divorce cases use a combination of these methods. Negotiations and mediation can resolve many issues, while a few key disputes may need to be presented to a judge for a final ruling. An experienced legal team can help you determine the most appropriate strategy for your specific situation.

Filing for Divorce in Florida FAQs

Here are answers to some common questions about the divorce process in Florida, especially for those with complex financial situations.

What if I suspect my spouse is hiding assets?

If you believe your spouse is not being truthful about their finances, your legal counsel can use the discovery process to uncover hidden assets. This can involve subpoenaing records from financial institutions, hiring a forensic accountant to trace funds, and conducting depositions to question your spouse and others under oath. Intentionally hiding assets can result in serious penalties from the court.

How is a family business handled in a St. Petersburg divorce?

A family business started or grown during the marriage is typically considered a marital asset. The first step is to get a professional business valuation to determine its worth. From there, several options exist: one spouse can buy out the other’s interest, the business can be sold and the proceeds divided, or in rare cases, the ex-spouses may continue to co-own the business. The right solution depends on the specifics of the business and the couple’s ability to cooperate.

Can a prenuptial or postnuptial agreement be challenged in Florida?

Yes, these agreements can be challenged in court. A judge may set aside an agreement if it was signed under duress or coercion, if one party did not provide full and fair financial disclosure before it was signed, or if the terms are found to be grossly unfair (unconscionable). However, challenging a properly executed agreement can be difficult.

Do I have to go to court to get divorced in Florida?

You do not necessarily have to step inside a courtroom for a trial to get divorced. If you and your spouse can reach a full agreement on all issues through negotiation or mediation, you can submit a signed Marital Settlement Agreement to the court. A judge will review it, and if it’s approved, you may only need to attend a brief, final hearing to finalize the divorce.

A Dedicated Legal Team Can Guide You

The process of ending a marriage can feel complex and uncertain, particularly when your financial security is at stake. Having a strong advocate by your side can make a significant difference. The attorneys at Khonsari Law Group are dedicated to providing powerful representation for clients in St. Petersburg and throughout the Tampa Bay area. Since 2011, we have been committed to protecting our clients’ rights and interests in a wide range of family law matters.

We believe in a personalized approach, taking the time to understand your unique circumstances and goals. Our team has the experience and resources to handle even the most intricate high-asset divorce cases. If you are considering how to file for divorce in Florida, we invite you to connect with us. Contact the Khonsari Law Group today to schedule a free, confidential consultation to discuss your case.