1. Florida Is a No-Fault Divorce State
Florida does not require either spouse to prove wrongdoing to obtain a divorce. Florida is a no-fault divorce state, meaning there are no required grounds for divorce, such as adultery, abandonment, or other traditional grounds. The only legal basis required is that the marriage is “irretrievably broken,” which simply means the relationship cannot be saved.
This does not mean that a spouse’s conduct is entirely irrelevant. A spouse’s misconduct, such as adultery, can be considered by the court in decisions regarding alimony, equitable distribution, and parental responsibility. But it is not a prerequisite for obtaining the divorce itself, and you do not need to prove fault to move forward.
2. You Must Meet Florida’s Residency Requirement
Before you can file for divorce in Florida, at least one spouse must have lived in the state for a minimum period of time. Under Florida Statutes Section 61.021, at least one spouse must have lived in Florida for at least six months immediately before filing.
In Jacksonville, you file with the Duval County Clerk of Court. The filing fee in Duval County is $423 for dissolutions, plus a $10 fee for the Clerk to execute the summons. p If your spouse files a counter-petition, that costs an additional $295. These are court fees only and do not include attorney fees, mediation costs, or any other expenses.
3. Florida Divides Property Equitably, Not Automatically 50/50
Many people assume that getting divorced means splitting everything down the middle. Florida law does not work that way. Florida divides property in divorce under Florida Statute Section 61.075, which requires equitable distribution of marital assets and liabilities. Courts begin with a presumption of equal division, but may order an unequal split based on factors including each spouse’s economic circumstances, the length of the marriage, career sacrifices made for the other spouse, and whether either spouse intentionally wasted marital assets.
Equitable means fair, not necessarily equal, and this approach remains to this day. The distinction matters enormously when significant assets are involved, including retirement accounts, real estate, business interests, or investment portfolios. Understanding how Florida courts approach property division is one of the most important reasons to consult with an attorney early.
Both spouses are also required to make financial disclosures. Florida’s mandatory financial disclosure process under Rule 12.285 requires both spouses to exchange a financial affidavit and a significant amount of financial records so that negotiations, mediation, and any trial are based on facts rather than guesses.
4. Mediation Is Likely Required Before Any Trial
If you and your spouse cannot agree on all issues in your divorce, Florida courts will generally require you to attempt mediation before a judge will hear your case. Mediation is mandatory before trial for contested divorce cases in Florida under Florida Family Law Rule 12.740.
Mediation is a process where a neutral third party helps both spouses work toward an agreement on property, support, and parenting issues. Florida divorce mediation achieves settlement in more cases than not. It is typically faster and far less expensive than going to trial, and it allows both parties to retain more control over the outcome than leaving decisions to a judge.
Private divorce mediation in Florida costs between $100 and $400 per hour in 2026, with total costs typically ranging in the $1000s. f. Court-connected mediation may be available at lower rates for households that have an overall income of less than $100,000.00.
5. The Timeline Depends Heavily on Whether Your Divorce Is Contested
One of the most common questions people have when filing for divorce is: “How long will this take?” The honest answer is that it depends entirely on whether you and your spouse can reach an agreement, and when.
Florida imposes a mandatory 20-day waiting period under the Florida Statutes before any final judgment can be entered. A divorce in Florida can take anywhere from 21 days to over 24 months, depending on the type of case.
Specifically:
- An uncontested divorce, where both spouses agree on all issues, typically finalizes in 4 to 12 weeks.
- A contested divorce, where disputes remain unresolved, averages 6 to 18 months, with complex cases stretching beyond two years.
Cases involving children, business ownership, multiple properties, or retirement accounts tend to take longer and cost more, which is why legal guidance from the start can help you make informed decisions about how to proceed.
Before You File, Talk to a Jacksonville Divorce Attorney
Florida divorce law involves complex rules around property, parenting, support, and procedure. Making decisions without understanding how the law applies to your specific situation can have lasting consequences for your finances and your family.
The family law team at Harris Guidi serves Jacksonville and the surrounding communities throughout Northeast Florida. Whether your divorce is straightforward or highly contested, we are here to make sure you understand your rights and your options at every step of the process.
