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Florida law

Family Laws in Florida.

Florida is an equitable distribution state — marital property is divided fairly but not necessarily equally. The state uses a "best interests of the child" standard for custody (called "time-sharing") with a rebuttable presumption favoring equal time-sharing added in 2023. Florida eliminated permanent alimony in 2023 (SB 1416), replacing it with bridge-the-gap, rehabilitative, and durational alimony with length limits tied to the duration of the marriage.

Last verified: 2026-02-25

State law

Statute of Limitations

Varies by action typeFla. Stat. § 61.075

There is no statute of limitations for filing for divorce. Custody and support modifications require a substantial change in circumstances and have no fixed limitation. Property division claims are resolved as part of the dissolution proceeding.

State law

Filing Requirements

Divorce Filing Fee~$295–$408

Filing fee for dissolution of marriage in Florida circuit court. Simplified dissolution costs approximately $408 including summons. Fee waivers are available for qualifying low-income filers.

Residency RequirementFla. Stat. § 61.021

At least one spouse must have been a Florida resident for at least 6 months immediately before filing.

Waiting Period

Simplified dissolution has a 20-day mandatory waiting period before a hearing. There is no general mandatory waiting period for contested dissolutions beyond normal procedural scheduling.

State law

Key Florida Statutes

Best Interests of the Child (Time-Sharing)Fla. Stat. § 61.13(3)

Courts determine custody based on the best interests of the child, considering each parent's capacity to facilitate the parent-child relationship, moral fitness, mental and physical health, stability of the home, and the child's preference. A rebuttable presumption favors equal time-sharing.

Equitable Distribution of PropertyFla. Stat. § 61.075

Marital property is distributed equitably, beginning with a presumption of equal distribution. Courts may deviate based on the length of marriage, economic circumstances, contributions of each spouse, and other factors. Florida is NOT a community property state.

Alimony (Post-2023 Reform)Fla. Stat. § 61.08

Permanent alimony was eliminated by SB 1416 (effective July 1, 2023). Remaining types: bridge-the-gap (up to 2 years, not modifiable), rehabilitative (up to 5 years), and durational — limited to 50% of marriage length for short-term (<10 years), 60% for moderate-term (10–20 years), and 75% for long-term (20+ years). Payors may petition for modification upon reaching retirement age.

Child Support GuidelinesFla. Stat. § 61.30

Florida uses an income shares model based on combined parental income, number of children, overnights with each parent, health insurance costs, and daycare expenses.

Domestic Violence InjunctionsFla. Stat. § 741.30

Victims of domestic violence can obtain an injunction for protection. Ex parte temporary injunctions last up to 15 days. No residency requirement to petition. Can be filed where the petitioner resides, the respondent resides, or where the violence occurred.

State law

Official Sources

Not Legal Advice

This page summarizes publicly available statutes and rules for informational purposes only. It does not constitute legal advice, and no attorney-client relationship is created by viewing this content. Laws change — always verify with the primary source or consult a licensed attorney in Florida.

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