Florida Divorce – What You Need to Know

This page offers an up-to-date guide to the divorce process in Florida, including key requirements, updated laws for 2025, child custody, property division, alimony, and how Joel E. Greenberg Law supports families in Broward County and beyond.

What are the residency requirements for divorce in Florida?

To file for divorce in Florida, either spouse must have lived in the state for at least six months before filing the petition. This requirement ensures that Florida courts have proper jurisdiction over the divorce case, no matter where the marriage took place. Most divorce filings occur in the county where one or both spouses currently reside, such as Broward County and the City of Plantation. For military families, special residency exceptions may apply based on deployment status or home records (Florida Statute § 61.021).

What are the grounds for divorce in Florida?

Florida is a no-fault divorce state. The main legal grounds are:

• The marriage is “irretrievably broken” and cannot be repaired.
• One spouse has been declared legally incapacitated by a court for at least three years.

Most cases cite irretrievable breakdown, and the court rarely requires proof of fault (such as abuse or infidelity). However, these factors may influence decisions about child custody, alimony, or property division.

What are the steps in the Florida divorce process?

Here’s a step-by-step guide based on current Florida law:

1. Consult an attorney. It’s wise to get personalized advice from a licensed family law attorney such as Joel E. Greenberg, especially for matters involving children or complex assets.
2. Gather documents. Collect key financial paperwork, including tax returns, bank statements, pay stubs, and property records.
3. File the Petition for Dissolution of Marriage. This starts the process in circuit court, with payment of a filing fee.
4. Serve the papers. The other spouse receives official notice of the divorce petition.
5. Respond and provide disclosure. Both parties exchange financial affidavits detailing assets, debts, income, and expenses.
6. Mediation and settlement. If possible, reach agreements on major issues (custody, support, property) before trial. Mediation is encouraged by Florida courts.
7. Court hearings or trial. When agreement can’t be reached, a judge decides contested issues in a hearing or trial.
8. Final judgment. The divorce is officially granted, with terms for asset division, custody, support, and other obligations.
9. Compliance. Both sides must abide by all court orders, with post-divorce modifications allowed if circumstances change.

Simplified divorce options exist for couples with no minor children or few assets, but most cases involve some level of negotiation or litigation (Florida Statutes Ch. 61).

What are the new child custody laws in Florida?

Florida’s family law updates for 2025 emphasize co-parenting and equal timesharing where feasible. Courts now strongly encourage both parents to remain involved in their children’s lives unless serious concerns exist. Important custody topics include:

• Timesharing arrangements: Most courts presume a 50/50 parenting split unless proven not to be in the child’s best interests.
• Parenting plan: Each divorce order requires a written plan detailing how parents will share responsibilities for education, healthcare, and day-to-day decisions.
• Best interests standard: The court examines factors like parental cooperation, continuity, and avoidance of conflict for each parenting plan.

Domestic violence or abuse allegations are treated with utmost seriousness, and may result in single-parent arrangements or supervised visitation for safety.

How is property divided in a Florida divorce?

Florida uses “equitable distribution” for marital assets and debts. This means division aims for fairness—not always 50/50, but considering many factors. Key property topics:

• Asset disclosures: Each spouse must submit detailed records within 45 days of starting the case.
• Protection for inherited assets: New laws offer specific rules to keep family inheritances separate from marital property.
• Business assets and digital property: Ownership in businesses, intellectual property and even cryptocurrencies are more clearly addressed in recent reforms.
• Retirement accounts: Pensions and retirement benefits are subject to new division guidelines, especially for military families.

Broward County courts (including Plantation) follow statewide guidelines but also use local procedures for complex cases and high-value estates. Having an attorney experienced in negotiations and courtroom advocacy can make the difference in protecting your interests.

How does Florida alimony reform affect support payments?

Recent changes abolish permanent alimony in favor of durational support. Payments are now calculated based on marriage length, income disparity, and earning ability. Types of alimony include:

• Temporary alimony: Short-term support while the divorce is pending.
• Rehabilitative alimony: Provided while a spouse pursues education or job training.
• Durational alimony: Payable for a set number of years determined by the court.

Modification or termination of support is allowed if circumstances change, such as loss of job, retirement, or remarriage. Judges use updated formulas to ensure fairness for both sides and consistency statewide.

How can you modify alimony or child support?

Florida law allows modifications if there is a substantial change in situation. To request a change, file a motion with updated financial records. You may qualify for a reduction, increase, or termination. Common reasons include loss of income, significant health issues, or changes in parenting time. It’s critical to consult a qualified family law attorney before seeking modifications in Broward County, as courts require proper documentation and legal arguments.

What is estate planning’s role in divorce?

Estate planning goes hand in hand with divorce, especially for those with children, real estate, and business interests. Key elements:

• Updating wills and trusts to reflect new beneficiaries and avoid accidental transfers to former spouses.
• Revising power of attorney and healthcare surrogate designations after divorce.
• Ensuring prenuptial and postnuptial agreements are enforceable under current law.

Working with an experienced attorney like Joel E. Greenberg ensures your estate planning documents align with your divorce judgment and future wishes.

Why work with a local family law attorney in Plantation, FL?

The Plantation and Broward County region is served by experienced legal professionals who understand Florida’s unique rules and evolving laws. Greenberg Law has advocated for families for over 30 years, providing personalized strategies, compassionate advocacy, and skilled negotiation in every phase of the divorce process. Whether your case involves mediation, courtroom litigation, or cooperative settlement, choosing a local attorney means better insight into court procedures, judges, and regional best practices.

Contact Joel E. Greenberg Law Today

If you’re considering divorce or facing related family law issues, reach out for a confidential consultation. We’re here to guide you through every step—from initial filings and mediation to court hearings and estate updates. Protect your future with knowledgeable, caring legal support from Joel E. Greenberg Law in Plantation, Florida.

Frequently Asked Questions

How long does it take to get divorced in Florida?

The timeline depends on case complexity, whether the divorce is contested, and how quickly parties reach a settlement. Simple cases may be finalized in a few months, while contested matters can last a year or longer.

What paperwork do I need to file for divorce in Florida?

Essential documents are the divorce petition, financial affidavits, tax records, details of assets and debts, and income statements. Your attorney can help ensure all forms are complete and timely.

Can alimony be changed after divorce under Florida law?

Yes, you may request a modification if you experience a significant change in circumstances, such as job loss or remarriage. The court must approve all modifications.

Are there options besides going to trial?

Most divorces are settled through negotiation or mediation. Mediation provides a confidential setting for spouses to work out agreements with a neutral party and is encouraged by Florida courts.

What is “equitable distribution” of assets?

Equitable distribution means fair—not necessarily equal—division of all marital assets and debts. Factors include the length of the marriage, contributions of each spouse, and future financial needs.

Is legal separation required before divorce in Florida?

No. Florida does not recognize legal separation as a formal status and does not require a separation period prior to divorce filings.

Why do Broward County and Plantation FL matter for my case?

Local courts have unique procedures and judges, so working with a family law attorney familiar with Broward County and Plantation helps streamline your case and ensures relevant local knowledge.

Does Florida law favor mothers over fathers in custody?

No. Florida law treats parents equally and aims for both to remain involved in their children’s lives whenever possible.

How can my will or trust be changed during divorce?

Update your estate documents through your attorney to reflect your wishes after divorce. It’s important to do this promptly following any major life event.

What support does Joel E. Greenberg Law offer?

Joel E. Greenberg Law focuses on family law, divorce, custody, child support, alimony, modifications, estate planning, contract law, and more for clients throughout Plantation, Broward County, and South Florida.