Florida Divorce Records

In 2022, Florida reported a divorce rate of 3.1 divorces per 1,000 people, higher than the national average of 2.4 per 1,000 (and representing one of the highest rates recorded across the country). Locally, divorce rates are typically higher among White and African-American populations than among other ethnic groups.

As an open records state, Florida generally allows interested members of the public to view and obtain copies of its divorce records. Several types of divorce records are available in the state, including:

• Dissolution of Marriage Certificates: also referred to as divorce certificates, these are official documents issued by the state's Bureau of Vital Statistics that serve as a summary of the judgment (for the dissolution of a marriage). Divorce certificates typically contain minimal information, like the names of the couple, the date of the divorce, and the jurisdiction where the divorce was finalized; however, they are accepted as legal proof that the divorce was finalized.
• Divorce Decrees: this is the actual judgment for the dissolution of a marriage. Divorce decrees may be obtained from the Clerk of Circuit Court in the county where the divorce was granted, and they typically contain more detailed information about the divorce, such as property division and child support arrangements.
• Divorce Court Records: this is usually a collection of the documents filed in relation to the divorce proceeding, such as transcripts, motions, and more. These documents are usually available in the court where the divorce was filed.

What Are the Residency Requirements for Divorce in Florida?

Per Florida Statutes Section 61.021, a couple may be granted a divorce in Florida only if one spouse has lived in the state for at least six months before the petition is filed. At the final hearing, they may also be required to provide corroborating evidence of meeting this residency requirement, such as a valid state-issued ID or an affidavit from a third party.

What Are the Grounds for Divorce in Florida?

Florida Statutes Section 61.052(1) outlines two grounds (reasons) for divorces in the state:

• If the marriage is irretrievably broken
• If one spouse is mentally incapacitated

Florida grants "no-fault-based" divorces, meaning that no party is assigned blame for the breakdown of the marriage, and the spouse filing for divorce does not typically have to prove grounds for the divorce. This differs from "fault-based" divorces, where one party is considered at fault, and grounds for the divorce typically have to be proven. However, if you wish to file for divorce in Florida on the grounds of mental incapacity, there must be a formal ruling of the spouse's incapacity issued at least three years before the filing date.

How Much Does It Cost to File for Divorce in Florida?

The average cost of a divorce in Florida is $10,409 per person. While this is higher than the national average of $9,970, it is considerably lower than the average cost in the neighboring state of Georgia ($11,400), but similar to the average costs obtainable in Alabama ($10,400).

Actual divorce expenses in Florida vary by county, but generally include a filing fee of about $409 and other miscellaneous costs, like:

• Attorney fees
• Mediation costs
• Family therapy/parent counseling
• Joint debts and property division
• Spousal and child support calculations
• Relocation expenses

How Long Is the Waiting Period for Divorce in Florida?

Florida law mandates a minimum 20-day waiting period after a divorce petition is filed before it may be granted, except in situations where a delay in granting the divorce may cause an injustice to either party.

This waiting period should not be confused with a separation period, which generally refers to the length of time a couple must be separated before getting a divorce. Even though couples typically live apart during the process, legal separation is not required for divorces in Florida.

How To File for Divorce in Florida?

Florida offers two pathways for divorces:

• Regular Dissolution of Marriage: this is further divided into two categories:
  • Uncontested: here, both parties agree on major issues and sign an agreement settlement that covers areas like property division, child custody, child support, and alimony.
  • Contested: here, both parties cannot agree on key issues like the division of their property and responsibility for marital debts, or issues involving their children.
• Simplified Dissolution of Marriage: this is a relatively faster and less expensive process that may be available if the following eligibility criteria are met:
  • There are no minor children or dependents involved
  • The wife is not pregnant
  • Both parties agree on how to divide their property and debts
  • Neither party is seeking alimony

The divorce process in Florida typically involves the following steps:

• Confirm that residency requirements have been met - at least one spouse must have lived in the state for a minimum of six months before filing; proof of residency may also be required.
• File a Petition for Dissolution of Marriage with a local circuit court (this may be in the county where either spouse resides).
• Serve the divorce papers. Note that the spouse being served typically has to file an answer within 20 days.
• Complete a Financial Affidavit and any other necessary supporting forms. Both parties typically have to exchange financial information within 45 days of the petition being served.
• Negotiate and settle. Depending on the specifics of the case, the court may require mediation, parent counseling, and/or court hearings.
• Attend the final hearing. Once all issues are resolved, a final hearing will be held, where the judge will sign a "Final Judgment of Dissolution of Marriage," officially ending the marriage. Only the spouse who filed for the divorce is required to attend this hearing for regular dissolutions (contested and uncontested), while both spouses must attend this hearing for simplified dissolutions.

The Florida Office of Family Courts provides online access to resources that can help you learn more about the divorce process in the state.

Are Divorce Records Public in Florida?

Divorce records are considered public under the Florida Public Records Law; as such, they may be inspected and copied by any interested party. Nonetheless, certain records are typically deemed confidential and restricted to specific authorized parties, such as the people named on the record, their legal representatives, or law enforcement. Examples of these confidential records include records that contain identifying information on victims of domestic violence or abuse, and sealed divorce records.

How To Get Certified Copies of a Divorce Decree in Florida?

You may obtain certified copies of a divorce decree in Florida from the Clerk of Circuit Court in the county where the divorce was granted. Requirements (and processing times) vary by location but generally include submitting a written request, providing a valid ID, and paying a search and/or copy fee. You may contact the appropriate clerk for more information.

The Florida Bureau of Vital Statistics also maintains a statewide repository of divorce records from June 6, 1927, to date and provides access to copies of these records in the form of "dissolution of marriage certificates". Be aware that these certificates are summarized versions of the divorce decree; however, they serve as official proof that the divorce has been legally finalized. You may obtain copies of a Florida divorce certificate by visiting the Bureau of Vital Statistics office at:

You will be required to complete an Application for Florida Dissolution of Marriage Certificate Form and pay a non-refundable $5 search fee, which also covers the cost of one certified copy of the record. Additional fees may apply for extra copies, complex searches, and other services. Requests may also be made by mailing the completed form and necessary payment to the bureau at:

Same-day service is usually available for walk-in requests, while mail requests are typically processed within 3 – 5 business days.

Divorce Settlement: Is Florida a 50/50 State?

Florida Statutes Section 61.075 provides for the equitable distribution (fair, but not necessarily equal) of marital assets and liabilities in the event of a divorce. However, per this law, courts must begin with the presumption of equal distribution, similar to the community property (50/50) approach utilized by certain states. The court may then subsequently make adjustments for equitable distribution based on factors like contributions to the marriage, economic circumstances, the length of the marriage, career sacrifices, and child residency needs.

FAQs about the Divorce Process in Florida

Here are answers to common questions about Florida's divorce process.

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