Florida Divorce Laws You Should Know in 2026

Navigating the divorce process can be daunting if you’re unsure of what to expect. Florida divorce laws are designed to ensure fairness in the process, but they come with rules that can significantly impact your finances, children, and future. If you’re considering filing for divorce in Florida in 2026, it’s crucial that you understand the basics ahead of time. That way, you can make informed decisions and avoid costly mistakes. Below, we share some of the most important Florida divorce laws everyone contemplating filing for divorce in 2026 should be aware of.

Residency Requirements To File for Divorce

Before initiating a divorce in Florida, the court must have jurisdiction to hear the case. For a court to have jurisdiction over your case, you or your spouse must have resided in the state for a minimum of six months before filing (Florida Statutes Section 61.021). If neither you nor your spouse meets this residency requirement, the court can dismiss your case. Proof of residency may include a Florida driver’s license/ID, voter registration, signed lease, mortgage, or affidavit.

No-Fault Laws

Florida operates under a no-fault divorce system. When filing for divorce in Florida, you are not required to demonstrate that your spouse committed any wrongdoing. The most common legal ground for divorce is that the marriage is irretrievably broken. In some limited situations, a spouse may also claim mental incapacity. This approach helps reduce disputes by eliminating the need to prove marital misconduct and keeps the focus on resolving important matters like property division, alimony, timesharing, and child support.

Florida Is an Equitable Distribution State

Florida uses equitable distribution when dividing assets during divorce. “Equitable” doesn’t mean equal. Equitable distribution involves dividing marital assets (those acquired during the marriage) fairly. While courts are required to always start with the presumption that assets should be divided equally, judges are allowed to order an unequal division when an equal split would be unfair based on the specific facts of the marriage.

Some of the factors courts consider when determining how to divide assets include:

• The marriage’s duration
• Each party’s financial situation
• Contributions to the marriage
• Whether one spouse sacrificed their career for the family

Waiting Period

Under Florida Statutes section 61.19, there is a 20-day waiting period from when the original divorce petition is filed before a judge can finalize it. This law is in place to ensure both spouses have time to think about whether the divorce is the right decision and how it can affect them.

Note: The court can waive the 20-day waiting period under certain circumstances, such as in cases involving domestic violence.

Alimony Rules

Permanent alimony is not available in 2026 and hasn’t been for some years now. There are currently four types of alimony in Florida, namely:

• Temporary
• Bridge-the-gap
• Durational
• Rehabilitative

Judges still consider factors such as the standard of living during the marriage and each spouse’s ability to earn an income when making alimony determinations.

Timesharing Rules

Florida law includes a rebuttable presumption that equal timesharing is in the best interest of the child. It’s up to the parent who wants a different timesharing schedule to prove by a preponderance of the evidence that equal timesharing is not in the child’s best interests.

Contact an Orlando Divorce Lawyer

There are many more rules that you need to understand before filing for divorce. Our skilled Orlando divorce lawyers at The Arwani Law Firm can help you understand these laws. Contact us today to schedule a consultation.

Source:

flsenate.gov/laws/statutes/2020/61.19