How Divorce Works in Florida: A Step-by-Step Overview
Short answer: A Florida divorce starts with a petition filed in the county where either spouse lives, followed by service, an answer, mandatory financial disclosure, mediation and, if needed, a trial. Most cases settle at mediation, and a judge then signs a final judgment that makes the agreement an order of the court.
Florida calls divorce a "dissolution of marriage," and the process follows a predictable path. Knowing the stages ahead of time makes the experience less overwhelming and helps you understand which moments really matter.
The stages of a Florida divorce
- Petition. One spouse files a Petition for Dissolution of Marriage with the clerk, stating that the marriage is irretrievably broken and what they are asking for.
- Service and answer. The other spouse is formally served and generally has 20 days to file an answer and, if they choose, a counter-petition.
- Mandatory disclosure. Both spouses exchange financial affidavits and supporting documents, usually within 45 days of service.
- Temporary relief. If needed, the court can set temporary support, time-sharing or use of the home while the case is pending.
- Mediation. Most Florida circuits, including Brevard's, require mediation before a contested final hearing.
- Final judgment. If the case settles, the judge reviews the agreement and enters a final judgment. If not, the case goes to trial.
Uncontested versus contested
When spouses agree on everything, the case can move quickly. Florida law requires at least 20 days between filing and the final judgment, and an uncontested divorce often finishes within a few months. A contested case, where spouses disagree about property, support or the children, takes longer because of discovery, hearings and trial preparation.
What the court decides
Every divorce resolves the same core issues, either by agreement or by a judge's ruling:
- Property and debt. Florida divides marital assets and liabilities equitably, starting from an equal split.
- Alimony. Whether support is paid, what type, how much and for how long, under the rules adopted in 2023.
- Parenting plan. The time-sharing schedule and how parental decisions are made.
- Child support. Calculated under Florida's statutory guidelines.
Where most cases are decided
For most families, the real decisions are made at the mediation table, not in the courtroom.
Mediation lets both spouses negotiate with the help of a neutral mediator. If they reach an agreement, it is written into a marital settlement agreement and a parenting plan, signed that day and later approved by the judge. Learn more in what family mediation is and how it works in Florida.
The Brevard County courthouse
Brevard County family cases are part of Florida's 18th Judicial Circuit, and most hearings take place at the Moore Justice Center in Viera, with many short hearings now held by video. Local procedures, such as scheduling and mediation referrals, follow the circuit's administrative orders.
Good to know: You can usually stay in the same house while the divorce is pending. Temporary orders can sort out who pays which bills and how the children's time is shared until the final judgment.
When to talk to a lawyer
A lawyer is most valuable at the start, when strategy is set, and before you sign any agreement. Heather Harris Law represents clients in family law matters across Brevard County and can walk you through what each stage will look like in your case.
Frequently asked questions
How long does a divorce take in Florida?
The legal minimum is 20 days from filing. Uncontested divorces often finish in a few months; contested cases commonly take many months to more than a year, depending on the issues and the court's calendar.
Do both spouses have to agree to a divorce in Florida?
No. Florida is a no-fault state, so one spouse can obtain a divorce by showing the marriage is irretrievably broken, even if the other spouse objects.
Do I have to go to court?
Many uncontested divorces require only a brief final hearing, sometimes by video. Contested cases involve more hearings and possibly a trial.
Heather Harris Law, 650 South Courtenay Parkway, Suite 101, Merritt Island, FL 32952. Call (321) 452-7055. Heather Harris spent thirteen years as an Assistant State Attorney before opening her practice and is licensed in Florida and Alabama. This article is general information, not legal advice, and reading it does not create an attorney-client relationship.