Divorce in Florida: What You Need to Know Before You File

by | Dec 23, 2025

Most “How to Get Divorced” articles focus narrowly on the legal mechanics of divorce in Florida—filing paperwork, court procedures, and timelines. These pieces are typically written by attorneys and, while helpful, they often overlook what ultimately drives outcomes in divorce: financial decisions.

In practice, divorce is rarely linear. It is a multi-layered process involving emotions, finances, children, property, taxes, and long-term planning. Legal steps matter, but they are only one part of a much larger puzzle. The choices made outside the courtroom often have the greatest impact on a person’s financial future.

With that in mind, this overview of divorce in Florida focuses on the three foundational components we believe are essential to navigating divorce thoughtfully and effectively.

#1: Financially Prepare and Protect Yourself Before the Divorce Begins

Divorce is first and foremost a financial restructuring. Before filing—or even before formally raising the subject—it is critical to understand your financial landscape and protect your position.

Early preparation typically includes:

  • Opening a separate checking account and credit card at a new financial institution
  • Reviewing and monitoring your credit report and credit score
  • Establishing private communication channels, such as a new email address or P.O. box
  • Gathering and securely storing copies of key financial and legal documents, including:
    • Tax returns
    • Bank, investment, and retirement account statements
    • Loan and credit card statements
    • Deeds, vehicle titles, and insurance policies
    • Estate planning documents (wills and trusts)

In Florida, which follows an equitable distribution framework, accurate financial records are essential. Missing or incomplete documentation can materially affect how assets, debts, and support are ultimately determined.

#2: Build the Right Professional Team—With Financial Expertise at the Center

Many people assume that the first and most important professional in a divorce is a lawyer. Legal counsel is essential, but divorce outcomes are rarely optimized through legal analysis alone.

Financial decisions drive divorce outcomes. The legal process implements them.

A Certified Divorce Financial Analyst® (CDFA®) plays a critical role in helping individuals and couples understand:

  • What assets and liabilities exist
  • How property may be classified and divided under Florida law
  • The short- and long-term cash-flow consequences of different settlement options
  • Tax implications of asset division, support, and retirement accounts
  • Whether a proposed settlement is financially sustainable—not just legally acceptable

Unlike attorneys, whose role is advocacy and legal procedure, a CDFA® focuses on analysis, modeling, and long-term financial clarity. This work often reveals settlement options that are more efficient, equitable, and durable—particularly in mediation or collaborative divorce.

Attorneys remain essential for:

  • Legal advice and representation
  • Drafting and reviewing agreements
  • Ensuring compliance with Florida statutes and court procedures

Therapists and, in some cases, divorce coaches can provide emotional or practical support during the process. However, they are complementary—not central—roles. For most divorcing individuals, financial planning is the linchpin that connects legal decisions to real-world outcomes.

#3: Understand Florida Divorce Law and Court Procedures

A basic understanding of Florida’s legal framework allows you to participate more effectively in decision-making and avoid unnecessary conflict or expense.

a. Legal Separation

Florida does not recognize legal separation. There is no formal legal status short of divorce.

That said, spouses may enter into binding agreements that address financial support, parenting arrangements, use of the marital home, and responsibility for debts—even before a divorce is finalized.

b. Residency Requirements

To file for divorce in Florida, at least one spouse must have lived in Florida for six months immediately prior to filing. Residency can be established through documentation or testimony.

c. Type of Divorce, Waiting Periods, and Filing

Florida is a no-fault divorce state. A divorce is granted when the marriage is deemed “irretrievably broken.”

There is no required separation period before filing. However:

  • A 20-day waiting period applies after filing, unless waived
  • Disputes over finances or parenting will extend the timeline

Divorce cases are filed in circuit court in the county where either spouse resides. Local court rules and procedures vary.

d. Financial Settlements, Support, and Parenting Plans

If spouses cannot resolve financial or parenting issues by agreement, those matters will be decided by the court.

Litigation is expensive and often inefficient. Fully contested divorces commonly cost tens of thousands of dollars or more. Mediation and collaborative divorce, supported by strong financial analysis, frequently lead to better outcomes at a fraction of the cost.

Florida courts focus on:

  • Equitable (not necessarily equal) distribution of marital assets and debts
  • Parenting plans that serve the best interests of the child
  • Support determinations based on statutory guidelines and financial evidence

When financial planning is integrated early, parties retain more control and are better positioned to reach informed, durable settlements.

Final Thoughts

Divorce in Florida is not just a legal event—it is a financial turning point. The most successful outcomes occur when legal strategy is informed by rigorous financial analysis and long-term planning.

Understanding your numbers, your options, and your future financial reality is not optional. It is foundational. If you would like help evaluating your financial position, modeling settlement scenarios, or integrating financial planning into your divorce strategy, we invite you to contact us or request a consultation.