Key Takeaways
- Divorce can have a profound effect on one’s future.
- Many people are unfamiliar with Florida divorce laws and recent changes to the rules.
- Those facing divorce in Florida often have numerous questions about navigating the legal process.
- The divorce lawyers of Tallahassee’s Cowhey + Ward highlight the top Florida divorce law FAQs and what people need to know about Florida divorce in 2026.
If your marriage appears to be heading towards divorce in Florida, you’re probably going to need to start asking numerous questions. With its potentially life-changing implications, you’re undoubtedly concerned about the future and should question how divorce might affect it. When it comes to the actual process, you’re likely unfamiliar with Florida divorce law and should question how to navigate it. Even if you have some familiarity with the state’s divorce law, you should be aware of recent regulatory changes that have come into force over the past two years, and question how they might affect your divorce.
The divorce lawyers at Cowhey + Ward Attorneys at Law spend significant time answering such questions during initial consultations with new clients. While they cannot specifically address how divorce will change a client’s life, they can posit scenarios about how it might affect their future. More specifically, they can succinctly explain the dynamics and processes of Florida divorce laws to help their clients navigate them and secure the best possible outcomes.
You’ve got questions about Florida divorce laws? Cowhey + Ward divorce attorneys have the answers, including some questions you may not yet have thought of. Here are a few of the most frequently asked questions about Florida divorce law we hear from our clients, along with some questions they should be asking:
What Legal Grounds Does a Spouse Need to File for Divorce?
None. As of 2010, all 50 states (and the District of Columbia) allow pure no-fault divorce. Either spouse can file for divorce by claiming that the marriage is “irretrievably broken,” or that the other spouse has been mentally incapacitated for over three years.
What Are the Residency Requirements for Divorce in Florida?
At least one spouse must have lived in the state for six consecutive months before filing, and must provide proof with a driver’s license, voter ID, or witness affidavit.
What Causes a “Contested” Divorce in Florida?
Any disagreement between the spouses about the divorce settlement can lead to a contested divorce. Common areas of dispute include:
- Property division
- Alimony
- Child custody
- Child sharing
- Parenting plans
- Who pays the legal fees
What is an “Uncontested” Divorce in Florida?
An uncontested divorce describes a dissolution of marriage in which both spouses mutually agree on all elements of their divorce settlement, including property division, alimony, childcare support, parenting plans, and custody arrangements. An uncontested divorce also includes marriages dissolved when a spouse fails to respond to the divorce petition. In such cases, the petitioning spouse is awarded everything requested in the petition, including marital assets, child custody, child support, and alimony.
Does Florida Allow for Simplified Divorce?
Legally referred to as “simplified dissolution of marriage,” this fast-track divorce is available to couples who agree on all elements of their divorce settlement, have no minor children, no pregnancy, and no alimony claims.
What Changes in Florida Divorce Laws Do I Need to Know?
While Florida lawmakers enacted no new divorce-related statutes in 2025, divorce courts and attorneys have started interpreting and applying statutory changes enacted in 2023 and 2024. The primary changes to Florida divorce laws include:
- No more lifetime alimony.
- New durational alimony guidelines.
- Alimony amounts are capped at the lesser of the recipient’s need or 35% of the difference of the parties’ net income.
- Clear definition of “fair market value” in division of marital assets.
- Enhanced guidelines on determining what constitutes marital property.
- Designates some property acquired through non-interspousal means as a non-marital asset.
- Forty-five-day deadline for mandatory financial disclosure by both spouses.
- A presumption of 50/50 (equal) child time sharing.
- Updated child support tables with higher income caps and add-ons for daycare, extracurricular activities, and health insurance.
Is Moving Out of the Home During a Divorce a Mistake?
Moving out during a divorce can potentially impact property division, child custody, and alimony outcomes. If minor children are involved, it’s best to refrain from moving out of the marital home until you’ve legally established a parenting plan for any minor children. An experienced divorce lawyer can help ensure that moving out of the house will not compromise the divorce outcome.
Consult Cowhey + Ward to Answer Your Divorce Questions
We’ve covered the top FAQs Cowhey + Ward divorce attorneys hear from Tallahassee-area clients, but if you’re facing a divorce, you undoubtedly have more. With long-term expertise helping clients secure favorable divorce outcomes, we stand ready to answer your divorce questions and help you successfully navigate the legal complexities of getting divorced in Florida. To learn more about how we can assist you with all matters of marital and family law representation, please contact us today at (850) 222-1000.
Additional FAQs: Florida Divorce Laws
Q: How long does a divorce take in Florida?
A: An uncontested divorce can take as little as one to two weeks. A contested divorce in Florida typically takes between six months and two years, with a few highly complex cases taking even longer.
Q: Will I have to go to court for my divorce?
A: Not necessarily. Following COVID, most circuits now allow certain information to be submitted in writing, under oath, thereby alleviating the need for a hearing. A contested divorce may require multiple hearings and a possible trial.
Q: What effect does adultery have on a divorce settlement?
A: Florida law allows judges to consider adultery in their consideration of spousal support (alimony) awards and amounts.
Q: Does Florida divorce law cover common-law marriages?
A: Under Florida Statute 741.211, the state does not recognize common-law marriages unless they were entered into before Jan. 1, 1968, or were legally established in another state that allows them.