Getting Divorced
Fla. Stat. 61.052 — irretrievably broken, 6 months' residence, and 20 days
In Florida, a dissolution of marriage is granted only on one of two grounds, pleaded generally: that the marriage is irretrievably broken, or the mental incapacity of one of the parties, which requires an adjudication of incapacity for at least 3 years before.
| The requirement | What the statutes set |
|---|---|
| The requirementResidence | What the statutes setOne spouse has resided in Florida for 6 months before the petition is filed |
| The requirementThe earliest final judgment | What the statutes setAt least 20 days after the petition is filed, unless the court finds injustice would result from the delay |
The court begins from an equal division of marital assets and liabilities. The court sets apart each spouse's nonmarital assets and liabilities, and in dividing the marital ones begins with the premise that the distribution should be equal, unless an unequal one is justified by the relevant factors, among them each spouse's contribution to the marriage including care of the children and homemaking, their economic circumstances, and the length of the marriage.
In a contested case without a filed agreement, the distribution, equal or not, is supported by written findings. Alimony and child support are not set out here.
Sources for this section (4)
- Fla. Stat. 61.052 — Dissolution of marriage
- Fla. Stat. 61.021 — Residence requirements
- Fla. Stat. 61.19 — Entry of judgment of dissolution of marriage, delay period
- Fla. Stat. 61.075 — Equitable distribution of marital assets and liabilities
Legal information, not legal advice. Verified as of September 2026. Applying it to a particular situation is the work of a licensed Florida attorney.