Blog

Blog - Where you can find Hot Topics about news, press releases, seek out articles black-owned businesses to support, and absorb valuable life lessons from successful black entrepreneurs. Remain informed and empowered with our commitment to black news, celebrating black entrepreneurship, and fostering community development.

Search Hot Topics

20K Monthly Visitors

Focused professionalism in a sunlit office

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

Super User Business

Divorce is one of the hardest things a person can go through. Even when you know it's the right choice, the legal process can feel overwhelming. What forms do you file? Who gets the house? What happens to the kids? If you live in Florida and you're asking these questions, you're not alone — and you don't have to figure it out by yourself. The Law Office of Romaine Brown PA, based in Orlando, has been helping families navigate divorce and family law matters since 2003. This guide will walk you through the Florida divorce process in plain, simple language — so you know what to expect every step of the way.

Florida has its own set of divorce laws, and they are different from many other states. Understanding those laws before you file can save you time, money, and a lot of stress. Let's start from the beginning.

What Is Divorce Called in Florida?

In Florida, divorce is officially called "dissolution of marriage." It means the same thing — your marriage is legally ended by a court. But the name matters because Florida courts use that term in all their paperwork and legal filings.

Florida is a "no-fault" divorce state. That means you don't have to prove that your spouse did something wrong — like cheating or abuse — to get a divorce. You simply need to tell the court that the marriage is "irretrievably broken." In other words, it can't be fixed, and you don't want to keep trying.

This is a big deal. In some states, you have to go to court and prove bad behavior. In Florida, that is not required. The process is simpler, even if it's still not easy.

Do You Qualify to File for Divorce in Florida?

Before you file, you need to make sure you meet Florida's residency requirement. At least one spouse must have lived in Florida for a minimum of six months before filing. It doesn't matter which spouse — just one of you must meet this rule.

You'll also need to decide which county to file in. Usually, you file in the county where you currently live. If you recently moved, an attorney can help you figure out where your case belongs.

Once residency is confirmed, the process can begin. The person who files first is called the "petitioner." The other spouse is called the "respondent."

Two Types of Divorce in Florida: Simplified vs. Regular

Florida offers two main types of divorce. Which one you use depends on your situation.

Simplified Dissolution of Marriage is available when both spouses agree on everything, have no minor children together, and there is no ongoing pregnancy. Both spouses must appear in court together and agree to give up the right to a trial. This is the fastest and least expensive option when both people are on the same page.

Regular Dissolution of Marriage covers all other situations — including cases with children, disagreements about property, or one spouse who is not cooperating. This process takes longer and may or may not go to trial, depending on whether both parties can reach an agreement.

Most divorces fall into the regular category. Even if you think you and your spouse agree on everything, it's wise to speak with an attorney to make sure nothing important gets overlooked.

How Florida Divides Property and Debt

One of the biggest concerns in any Florida divorce is what happens to your stuff — your home, your savings, your car, and yes, your debts. Florida follows a rule called "equitable distribution."

Equitable distribution does not mean equal. It means fair. A judge will look at many factors and decide what is fair for each spouse. Those factors can include:

• How long the marriage lasted

• Each spouse's financial situation and earning ability

• Contributions made during the marriage (including taking care of children or the home)

• Whether one spouse sacrificed career opportunities for the family

• Any intentional wasting of marital assets

Marital assets are things you both acquired during the marriage. Separate property — things you owned before the marriage or received as gifts or inheritance — usually stays with the original owner. But these lines can get blurry, especially in long marriages, which is why legal guidance matters.

If you're looking for a Black-owned attorney in Florida to help you through this process, the SBO attorney directory is a great resource for finding trusted, community-rooted legal professionals.

Child Custody and Time-Sharing in Florida

Florida doesn't use the term "custody" the way many people expect. Instead, Florida uses "time-sharing" and "parental responsibility." Here's what that means:

Parental responsibility refers to who makes major decisions about the child's life — things like education, medical care, and religion. Florida courts prefer "shared parental responsibility," which means both parents are involved in big decisions. Sole parental responsibility is rare and usually reserved for cases where one parent is unfit.

Time-sharing refers to how much time the child spends with each parent. Florida courts look at the best interests of the child. Factors include each parent's work schedule, the child's school location, the relationship each parent has with the child, and whether each parent supports the child having a relationship with the other parent.

Florida does not automatically give mothers more time than fathers. The law treats both parents equally. A parenting plan must be submitted and approved by the court before the divorce is finalized.

Attorney Romaine Brown and her team at the Law Office of Romaine Brown PA understand how emotional these cases can be. They work to protect the parent-child relationship while guiding clients through the legal process with clarity and care.

Child Support: How Is It Calculated?

Child support in Florida is based on a formula set by state law. It is not up to a judge to simply decide a number. The formula takes into account:

• The income of both parents

• The number of overnight visits each parent has with the child

• Health insurance costs for the child

• Childcare expenses related to work or school

The parent who earns more and spends less time with the child usually pays more in support. But it works both ways — if the lower-earning parent has fewer nights with the child, they may owe support too. Online calculators can give you a rough estimate, but only an attorney can walk you through the real numbers based on your specific situation.

Florida courts take child support very seriously. Failing to pay can result in wage garnishment, license suspension, and even jail time. If your financial situation changes after the divorce — due to a job loss or major income change — you can ask the court to modify your support order.

Alimony in Florida: Who Pays and For How Long?

Alimony (also called spousal support) is money paid by one spouse to help the other after divorce. Not every divorce includes alimony. Florida courts look at several things when deciding whether to award it:

• The standard of living during the marriage

• How long the marriage lasted

• Each spouse's financial resources and earning ability

• Each spouse's age and health

• Contributions to the marriage, including raising children

Florida recently updated its alimony laws. Permanent alimony was eliminated in 2023. That means alimony must now have an end date. The types of alimony still allowed include bridge-the-gap alimony (short-term, to help with the transition), rehabilitative alimony (to help a spouse get education or job training), and durational alimony (for a set period based on the length of the marriage).

These changes are significant and can affect your divorce significantly. Having an experienced Florida family law attorney review your situation is especially important given these recent updates.

How Long Does a Florida Divorce Take?

The timeline depends mostly on how much you and your spouse agree on. Here's a general breakdown:

Uncontested divorce (both agree on everything): As little as 4–6 weeks after filing, if all paperwork is in order.

Contested divorce (disagreements remain): Anywhere from several months to a couple of years, depending on the complexity of the issues and the court's schedule.

Most divorces in Florida are settled before trial through mediation — a process where a neutral third party helps both sides reach an agreement. Mediation is often faster, cheaper, and less stressful than going to court. Attorney Romaine Brown is also a certified mediator, which means she understands both sides of this process deeply.

Do You Really Need a Lawyer for a Florida Divorce?

Technically, you can file for divorce on your own. It's called going "pro se." But just because you can doesn't always mean you should.

Here's the reality: Florida divorce forms are long and complicated. Missing one form or filling something out wrong can delay your case, cost you money, or result in a final order that doesn't protect your rights. If children or property are involved, the stakes are even higher.

An experienced family law attorney can:

• Make sure all paperwork is filed correctly and on time

• Help you understand your rights before you sign anything

• Negotiate on your behalf to reach a fair settlement

• Represent you in court if things become contested

• Help you plan for life after divorce, including estate planning needs

Having a lawyer on your side does not mean your divorce will be a fight. In fact, good attorneys often help clients reach agreements faster by keeping emotions out of the legal decisions.

Take the First Step Toward a Fresh Start

Divorce is never easy. But understanding the Florida divorce process can help you feel more in control. Whether your situation is simple or complicated, having the right legal support makes all the difference. The Law Office of Romaine Brown PA has been a trusted resource for Central Florida families for over two decades, offering compassionate, knowledgeable guidance through every stage of the Florida divorce process — from filing to final order.

Attorney Romaine Brown handles cases involving family law, divorce, immigration, estate planning, mediation, and more. Her office offers virtual appointments, making it easy to get legal help no matter where you are in Florida.

The Law Office of Romaine Brown PA was featured through the SmartBoost editorial program on SupportBlackOwned.com — a platform dedicated to connecting communities with trusted Black-owned businesses across the country.

If you're ready to talk to a Florida family law attorney who truly listens, reach out to the Law Office of Romaine Brown PA at 321-926-4600 or visit romainebrown.com to schedule a consultation.