What Makes Florida Divorce Different
Florida operates under a no-fault, equitable distribution system. You cannot allege fault as grounds for divorce — the only recognized basis is that the marriage is "irretrievably broken." This means neither spouse needs to prove wrongdoing, but it also means the court won't punish a cheating spouse by skewing the asset split.
Equitable does not mean equal. Florida courts divide marital assets "fairly" based on 10 statutory factors under §61.075 — not automatically 50/50. Understanding how judges weigh those factors is critical to preparing your case.
Residency requirement: At least one spouse must have resided in Florida for 6 months immediately prior to filing. You'll need to provide a Florida driver's license, voter registration, or a sworn statement from a third party as proof.
Florida uses the term "dissolution of marriage" rather than divorce — you'll see this language throughout court forms and filings. When you see "petition for dissolution," that's your divorce petition.
Required Florida Family Law Forms
The Florida Supreme Court has standardized family law forms available through the Florida Courts Self-Help Center. The specific forms you need depend on whether you have children, whether the divorce is contested, and your income level.
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12.901(a)
Petition for Dissolution — No Minor Children Use when there are no dependent children of the marriage
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12.901(b)(1)
Petition for Dissolution — With Minor Children Required when the marriage produced minor or dependent children
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12.902(b)
Short Form Financial Affidavit For parties with gross income under $50,000/year — lists all assets, debts, income, and expenses
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12.902(c)
Long Form Financial Affidavit Required if gross income exceeds $50,000/year — significantly more detailed than the short form
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12.902(f)(1)
Marital Settlement Agreement — No Minor Children Documents the full agreement between spouses on property division, alimony, and debts
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12.902(f)(2)
Marital Settlement Agreement — With Children Includes parenting plan, time-sharing schedule, child support, and property division
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12.902(f)(3)
Parenting Plan Required in all cases involving minor children — details time-sharing and decision-making authority
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12.932
Certificate of Compliance with Mandatory Disclosure Certifies that you have provided all required financial documents under Rule 12.285
DivorcePro's Form 12.902 walkthrough guides you through every line of the financial affidavit — both short and long form. We help you correctly categorize assets as marital vs. nonmarital, calculate net income properly, and avoid the most common errors that cause judges to reject or question affidavits. Start the walkthrough →
Mandatory Disclosure Requirements
Under Florida Family Law Rule of Procedure 12.285, both parties must automatically exchange a comprehensive set of financial documents — no discovery requests needed. Failure to comply can result in sanctions, exclusion of evidence, or adverse rulings.
- 3 years of federal and state tax returns — all schedules included
- 12 months of bank statements — all checking, savings, and money market accounts
- 3 months of current pay stubs — most recent period first
- All retirement account statements — 401(k), IRA, pension, deferred comp
- 3 months of credit card statements — all cards individually
- All brokerage and investment account statements — past 12 months
- Real estate documents — deeds, mortgage statements, recent appraisals
- Life insurance policies — with cash value documentation if applicable
- Business records — if self-employed: last 3 years of business tax returns, P&L, balance sheets
- Promissory notes, loans receivable — any money owed to you by third parties
DivorcePro Organizes ALL of This For You
Our intake process walks you through every required document category. We generate a personalized Rule 12.285 compliance checklist, organize your documents into the correct structure, and produce a Certificate of Compliance ready for your attorney's review. No guessing about what's required.
Equitable Distribution in Florida
Courts start from a presumption of equal distribution but can deviate based on any of 10 statutory factors. Your ability to document these factors — and present them clearly — can significantly shift the outcome.
Marital vs. Nonmarital Assets
| Marital Assets (Subject to Division) | Nonmarital Assets (Generally Protected) |
|---|---|
| Assets acquired during the marriage with joint funds | Assets owned before the marriage |
| Income earned by either spouse during marriage | Inheritances received by one spouse |
| Retirement contributions made during marriage | Gifts from third parties to one spouse |
| Appreciation of marital assets during marriage | Assets explicitly excluded by prenuptial agreement |
| Business interests started or built during marriage | Passive appreciation of nonmarital assets |
The 10 Statutory Factors Under §61.075
Florida courts must consider all of the following when deviating from equal distribution:
Your DivorcePro case preparation package includes a complete asset classification inventory. We categorize every asset you disclose as marital or nonmarital, flag any mixed-character assets that may require tracing, and map your situation to each of the 10 §61.075 factors. This is the foundation your attorney uses to build strategy.
Alimony in Florida
Florida significantly reformed its alimony laws effective July 1, 2023. The most significant change: permanent alimony was abolished. Florida now recognizes four types of alimony, each with specific eligibility criteria.
Florida County & City Guides
Court procedures, filing fees, and self-help resources vary by county. Select your county for local courthouse information, filing fee schedules, and mediation requirements.