What Is the Divorce Process in Florida in 2026?

Navigating divorce is never easy, and the legal process can feel confusing, especially if you don’t know what to expect. If you are thinking about ending your marriage in Florida in 2026, understanding how the divorce process works can help alleviate stress and prevent costly mistakes. In this article, we provide a simple guide to the Florida divorce process.

Understanding Florida’s Divorce Requirements

Before you can start the divorce process in Florida, the law requires that at least one spouse must have resided in Florida for at least six months before filing. If neither spouse meets the residency requirement, the court cannot grant the divorce, as it does not have jurisdiction. Usually, residency is proven using documents such as a Florida driver’s license, a sworn statement from someone who can vouch for your residency, or voter registration.

However, Florida is a “no-fault” divorce state, meaning you don’t need to show any wrongdoing by your partner to file. Under Florida Statutes section 61.052, you simply need to claim that your marriage is “irretrievably broken,” which means it cannot be fixed.

Types of Divorce in Florida

Florida offers different divorce options, including:

• Simplified Dissolution of Marriage: This option is available to couples who agree on all issues and have no minor children.
• Uncontested Dissolution of Marriage: This divorce is available to spouses who agree on all terms. It is usually faster and less expensive than a contested divorce.
• Contested Dissolution of Marriage: When spouses disagree on some or all divorce-related matters, the court may need to intervene.

Steps for Getting a Divorce in 2026

Here is what you need to do to get a divorce in Florida in 2026:

File the Petition of Dissolution of Marriage

In Florida, the divorce process starts when one spouse submits a Petition for Dissolution of Marriage. The one who files the divorce petition is referred to as the petitioner, while the other spouse is called the respondent.

The petition includes essential details such as the reason for divorce, key requests, such as alimony, property division, and child support.

Serve Papers

The respondent must be officially served with the divorce papers. Typically, a sheriff or a private process server does this. After being served, the respondent has 20 days to respond. If they fail to respond within this time, you can request a default, which, if granted, will allow the case to proceed without your spouse’s involvement.

Wait

In Florida, there’s a mandatory waiting period from the date divorce papers are filed until the divorce can be finalized. This time is meant to give spouses time to reconsider, though it can be waived in rare circumstances, such as in cases involving domestic violence.

Disclose Finances

Spouses must share financial disclosures during a Florida divorce, which include income, expenses, and debts. This is vital for creating transparency and ensuring fair decisions regarding matters such as alimony, property division, and child support.

Negotiate and Settle

This phase involves you and your spouse working to agree on divorce-related terms. Mediation can help resolve issues. For a contested divorce, it’s best to have an attorney represent you.

Final Hearing and Judgment

Once you and your spouse agree on all terms or the court makes a decision, a final hearing will happen for a judge to review the terms and issue the final judgment.

Contact an Orlando Divorce Lawyer

If you need help filing for divorce in Florida, contact our skilled Orlando divorce lawyers at The Arwani Law Firm today.

Source:

leg.state.fl.us/Statutes/index.cfm?App_mode=Display_Statute&URL=0000-0099/0061/Sections/0061.021.html