Ending a marriage brings up many questions at once, from where the kids will live to who keeps the house. In Florida, divorce is legally called “dissolution of marriage.” The process follows state rules that apply whether the split is friendly or tense.
Many people start by talking with a St. Petersburg attorney for divorce proceedings before they file anything. A lawyer can explain which type of case fits your situation and what paperwork the court expects. They can also explain how property, support, and parenting time are usually handled. Below is a plain walk-through of how a Florida divorce moves from the first filing to the final judgment.
Who Can File for Divorce in Florida?
At least one spouse must have lived in Florida for six months before filing. Proof usually comes from a Florida driver’s license, ID card, voter registration card, or a sworn statement from a witness.
Florida is also a no-fault state. You do not need to prove cheating or any other wrongdoing. The filing spouse only has to state that the marriage is “irretrievably broken,” which means it cannot be repaired.
Simplified vs. Regular Dissolution of Marriage
A simplified dissolution is for couples who agree on everything. They cannot have minor children together, and neither spouse can ask for alimony. Both must also agree on how to split property and debts, and both must attend the final hearing.
Most couples use a regular dissolution. This path is required when children are involved, when alimony is requested, or when the spouses disagree on something important. A regular case can still settle without a trial.
Steps in a Typical Florida Divorce Case
The case begins when one spouse, called the petitioner, files a Petition for Dissolution of Marriage with the clerk of court. The other spouse, called the respondent, must then be formally served. Once served, the respondent generally has 20 days to file an answer.
Next comes financial disclosure. Each spouse completes a financial affidavit listing income, expenses, assets, and debts. They must also share records like tax returns, pay stubs, and bank statements within 45 days of service. Hiding assets can lead to penalties or a case being reopened later.
If the spouses cannot agree, most Florida courts send them to mediation. A neutral mediator helps both sides work through property, support, and parenting issues. If mediation fails, a judge decides the remaining issues at trial. Florida also requires at least 20 days between filing and the final judgment.
How Property and Debts Are Divided
Florida uses a system called equitable distribution. The court divides marital property and debts fairly, starting with an equal split that can shift based on the facts. Marital property usually includes homes, vehicles, income, and retirement savings earned during the marriage.
Property owned before the marriage is usually nonmarital. The same is true for inheritances and gifts from others that were kept separate. However, mixing separate money with marital funds, such as depositing an inheritance into a joint account, can change its status. Retirement accounts often need a special court order, called a qualified domestic relations order, to be divided without early withdrawal penalties.
Alimony, Child Support, and Time-Sharing
Florida changed its alimony law in 2023 and eliminated permanent alimony. Courts now consider bridge-the-gap, rehabilitative, and durational alimony. Judges look at the length of the marriage, each spouse’s earning ability, and the couple’s standard of living.
Child support is based on state guidelines that use both parents’ incomes and overnight schedules. Florida uses the term “time-sharing” instead of custody. Parents must submit a parenting plan and complete a parent education course, and the court always focuses on the child’s best interests. The full rules are found in Chapter 61 of the Florida Statutes, which covers dissolution of marriage, support, and time-sharing.
Divorce Cases in St. Petersburg and Pinellas County
St. Petersburg sits on the Pinellas peninsula between Tampa Bay and the Gulf of Mexico. It is one of the largest cities in the Tampa Bay area. Divorce cases here are handled by the Sixth Judicial Circuit, which covers Pinellas and Pasco counties, and filings go through the Pinellas County Clerk of the Circuit Court. Many local families own waterfront homes, condos, or rental units. Others work in tourism or service jobs where income changes with the seasons, which can affect how property is valued and support is figured.
Practical Tips Before You File
Gather tax returns, bank statements, retirement statements, and mortgage papers early. If you have children, keep a simple calendar of their school and activity routines to help build a parenting plan. Avoid moving large sums of money or running up new debt, since a court may see this as wasting marital assets. It also helps to stay quiet about the case on social media, because posts can become evidence.
Frequently Asked Questions
How long does a divorce take in Florida?
An uncontested divorce can finish in a few weeks after the 20-day waiting period. A contested case can take several months or longer, depending on the issues involved.
Do I have to prove fault to get divorced?
No. Florida is a no-fault state, so you only need to state that the marriage is irretrievably broken. Misconduct can still matter in some cases, such as when marital money was wasted.
Is property always split 50/50?
Not always. Courts start with an equal split but can adjust it based on factors like each spouse’s contributions and finances. A spouse who wasted marital assets may receive a smaller share.
Can I still get permanent alimony?
No. Florida ended permanent alimony in 2023, but other types of alimony are still available when the facts support them.
Moving Forward With Your St. Petersburg Divorce
A Florida divorce follows a clear path: meeting the residency rule, filing, sharing financial information, trying mediation, and reaching a final judgment. Decisions about property, support, and time-sharing can affect your life for years. Keeping good records and getting sound legal advice early can help you move forward with fewer surprises.
