What Are the First Steps to Filing for Divorce in Florida?

Filing for divorce in Florida requires meeting specific legal requirements and following a defined process. While every divorce involves its own facts and circumstances, the procedural steps are the same for all divorcing spouses throughout the state. Having a good idea of what to expect from the outset can help you approach the process with greater confidence and make more informed decisions along the way.

One of the most important early moves that anyone contemplating divorce should take is consulting with our experienced Florida divorce attorneys at Carman and Finegan.

The Residency Requirement

Before you can file for divorce in Florida, at least one spouse must have lived in the state for a minimum of six months. This residency requirement applies regardless of where the marriage took place or where the other spouse currently lives. If neither spouse currently meets the six-month threshold, you will need to wait until the requirement is satisfied before filing.

Filing the Petition

The divorce process begins when you file the Petition for Dissolution of Marriage with the clerk of court in the county where either spouse resides. Florida is a no-fault state, so your petition will be based on the grounds that the marriage is irretrievably broken. You are not required to allege or prove any wrongdoing on your spouse’s part to move forward. The only exception to this standard is mental incapacitation lasting at least three years, which may serve as an alternative ground for divorce in limited circumstances.

Service and Response

Once the petition is filed, your spouse must be formally served with the divorce papers. Service provides official legal notice that a dissolution proceeding has been initiated. After being served, your spouse has 20 days to file a written response to the petition. How they respond, such as whether they contest the divorce or agree to proceed, will influence the direction the case takes from that point forward.

Mandatory Financial Disclosure

After filing and service, both spouses are required to exchange financial disclosures. Each spouse has 45 days from the date of filing to provide the other with a completed financial affidavit and to file a certificate of compliance with the court. The financial affidavit covers income, assets, liabilities, and monthly expenses, and it serves as the foundation for decisions about property division, child support, and alimony. Accurate and complete disclosure is a legal obligation, and any attempt to conceal or misrepresent financial information can have serious consequences in the proceedings.

Acting promptly matters. The 45-day deadline arrives quickly, and gathering comprehensive financial documentation takes time. Consulting with a divorce attorney early in the process helps ensure you meet your obligations and that your financial interests are properly accounted for from the start.

Speak with Our Florida Divorce Attorneys

The attorneys at Carman and Finegan are ready to help you navigate every step of the divorce process, from the initial filing through final resolution. We are committed to protecting your rights and helping you achieve an outcome that reflects your priorities. Contact us online or call 813-437-3830 today.