Family Law in Florida
Family law covers divorce, parenting, support, and the agreements that shape a family. Florida is a no-fault divorce state, requires six months' residency, divides marital property by equitable distribution, and decides parenting through 'time-sharing' and 'parental responsibility.' This hub explains the statewide essentials — including two major 2023 reforms — then links guides for each topic.
By Find Local Law Editorial Team · Last reviewed: May 26, 2026
Researched and drafted with AI assistance and verified against primary sources (statutes, Judicial Council forms, and official court websites). This is general information, not legal advice.
This is general information, not legal advice. Florida family law turns heavily on your specific facts — talk to a Florida attorney about your situation.
Florida family law is governed mainly by Chapter 61 of the Florida Statutes. A few statewide rules shape almost every case.
No-fault divorce
Florida is a no-fault state. The usual ground is that the marriage is “irretrievably broken” (the only other ground is mental incapacity of a party for the preceding three years) (Fla. Stat. § 61.052). You don’t have to prove wrongdoing to end a marriage.
Six-month residency
To file in Florida, one party must have resided in the state for six months before filing (Fla. Stat. § 61.021).
Equitable distribution
Florida divides marital property by equitable distribution. The court must begin with the premise that distribution should be equal, unless a justification for an unequal split exists under the statutory factors (Fla. Stat. § 61.075). Marital assets are generally those acquired during the marriage; nonmarital property (owned before marriage or received by gift or inheritance) is set aside to its owner.
Time-sharing and parental responsibility
Florida uses “time-sharing” and “parental responsibility,” not “custody” (Fla. Stat. § 61.13). A parenting plan is required, and decisions follow the best interests of the child. Recent: a 2023 amendment created a rebuttable presumption that equal (50/50) time-sharing is in the child’s best interest.
2023 alimony reform
Recent: SB 1416 (2023) eliminated permanent (lifetime) alimony for final judgments entered on or after July 1, 2023, and added new limits (Fla. Stat. § 61.08). Courts may still award temporary, bridge-the-gap, rehabilitative, or durational alimony.
The guides
Pick your topic below. To get matched with a local Florida family-law attorney, connect with a lawyer.
Guides
- Florida Adoption: Who Can Adopt & Consent
Chapter 63 governs adoption in Florida. Section 63.042 allows any person to be adopted and lets a married couple, an unmarried adult, or a consenting stepparent adopt. Section 63.062 requires written consent from the mother, a qualifying father, and the minor if 12 or older, unless waived.
- Florida Time-Sharing & Parental Responsibility
Florida uses 'time-sharing' and 'parental responsibility' instead of 'custody' (Fla. Stat. § 61.13). A parenting plan is required, and decisions follow the best interests of the child. A 2023 amendment created a rebuttable presumption that equal (50/50) time-sharing is in the child's best interest.
- Florida Child Support: Income Shares & Guidelines
Florida uses an income-shares model: the parents' combined net income is applied to a guideline schedule (Fla. Stat. § 61.30). The guideline amount is presumptive — a court may deviate up to 5% without written findings, but more than 5% requires written findings. Health insurance and child-care costs are added.
- Florida Divorce: Grounds, Residency & Process
Florida is a no-fault state: the usual ground is that the marriage is 'irretrievably broken' (Fla. Stat. § 61.052), with the only alternative being a party's mental incapacity for the preceding three years. One party must have resided in Florida for six months before filing (Fla. Stat. § 61.021).
- Florida Paternity: Establishing Legal Fatherhood
Chapter 742 governs paternity for children born out of wedlock. Section 742.10 establishes paternity by judicial adjudication, a voluntary acknowledgment, or an administrative order. A signed voluntary acknowledgment becomes an establishment of paternity and after 60 days is challengeable only for fraud, duress, or material mistake of fact.
- Florida Property Division: Equitable Distribution
Florida is an equitable distribution state. The court must begin with the premise that distribution should be equal, unless a justification for an unequal split exists under the statutory factors (Fla. Stat. § 61.075). Marital assets are acquired during the marriage; nonmarital property is owned before marriage or received by gift or inheritance.
- Florida Alimony: Types & the 2023 Reform
Under Fla. Stat. § 61.08 a court may award temporary, bridge-the-gap, rehabilitative, or durational alimony. SB 1416 (2023) eliminated permanent (lifetime) alimony for final judgments entered on or after July 1, 2023, and added new limits. Confirm the current statute for the specific year and percentage limits.
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