Florida Divorce Laws Direct-Answer Guide
Divorce in Florida involves many moving parts, as well as plenty of uncertainty. Understanding the rules that govern the process can make a difficult situation feel much more manageable. This guide answers the most common questions people have when facing a divorce in Miami.
Since 1997, attorneys David Kessler and Roy Granoff at the Law Offices of Granoff & Kessler have helped families across Miami-Dade and Broward counties navigate divorce and family law matters with compassion. With more than 85 years of combined experience between them, they bring both depth and personal care to every case.
Is Florida A 50/50 Divorce State?
No, Florida is an equitable distribution state. Equal division is the starting point, not the guaranteed outcome. Courts weigh the facts of each case and adjust from there.
Several factors can shift how assets and debts are divided. This includes:
- How long the marriage lasted
- Each spouse’s financial situation
- What each spouse brought to the marriage, financially or otherwise
- Any career or educational sacrifices made during the marriage
- If one of the parties wasted marital assets after the divorce was filed.
Property owned prior to the marriage, along with inheritances and gifts received from someone other than a spouse, stays with the original owner. Our attorneys can help you understand how Florida’s property division laws apply to your specific situation.
What Is The Residency Requirement To File For Divorce In Miami?
One of the spouses must have lived in Florida for six months before filing for divorce. To prove that to the 11th Judicial Circuit, the filing spouse needs to show a valid Florida driver’s license, a voter registration card or a notarized affidavit from a Florida resident confirming they have been living in the state.
For couples who qualify for a simplified dissolution, both spouses must show up together in person at the Lawson E. Thomas Courthouse Center with valid Florida photo ID. A corroborating witness must either appear with them or submit a notarized certificate. The court typically schedules the final hearing about 30 days after filing.
How Long Does A Contested Divorce Take In Miami-Dade County?
Several stages can add time to the process after an initial filing:
- Mandatory financial disclosure: Both parties must exchange detailed financial records within 45 days of service
- Discovery: Where each side gathers documents and builds the factual record needed to address property values, income and parenting issues
- Court-ordered mediation: Which the 11th Judicial Circuit requires before a contested case can go to trial
- Trial scheduling: Which depends on the court’s available dates at the Lawson E. Thomas Courthouse Center
In general, it can take around eight to 18 months. Cases involving business interests, real property or retirement accounts may also take longer to resolve.
Does Florida Award Permanent Alimony In 2026 Divorces?
No. Florida eliminated permanent alimony for divorces filed from July 1, 2023 onward. Courts now choose from four time-limited forms of alimony based on the circumstances of the marriage:
- Temporary: Supports the receiving spouse during the divorce proceedings and ends when the court enters the final judgment
- Bridge-the-gap: Helps a spouse transition to single life; it runs no longer than two years and the court cannot change how much is paid or for how long once it is in place
- Rehabilitative: Supports a spouse while they build skills or finish education needed to become self-sufficient; requires a court-approved plan and cannot exceed five years
- Durational: Provides financial support for a set length of time tied to how long the marriage lasted
Durational alimony has strict caps. For marriages under 10 years, the award cannot exceed 50% of the marriage duration. For marriages between 10 and 20 years, the cap is 60%. For marriages lasting 20 years or more, it is 75%. The payment amount cannot be more than 35% of the difference between both spouses’ net incomes.
Have Questions About Your Divorce? Let’s Talk.
How Florida’s divorce laws apply to your situation depends on the specific details of your marriage, your finances and your family. At the Law Offices of Granoff & Kessler, our attorneys work directly with each client, always with a focus on honest counsel and keeping conflict to a minimum where possible.
Schedule a free consultation today by calling us at 786-591-1849 or by sending us an email.