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Florida Divorce Process: What Happens After Filing?
After a Florida divorce is filed, the next steps depend on whether the spouses are cooperating, whether formal service is required and whether any issues are disputed. The case may proceed as a mutual-agreement divorce, a summons case, a default case or a contested case requiring mediation and possibly a trial.
This guide explains the Florida divorce process after filing—from receiving a case number through entry of the final judgment.
If you have not filed yet and need to understand residency, forms and filing options, start with our step-by-step guide to filing for divorce in Florida.
Divorce in Florida Online is a Florida nonlawyer document-preparation service. We have helped Florida residents prepare and file divorce paperwork for more than 15 years and serve all 67 counties.
Florida Divorce Process at a Glance
| Stage | What generally happens |
|---|---|
| 1. Filing accepted | The clerk opens the case and assigns a case number. |
| 2. Notice to the other spouse | The spouse signs the applicable documents, accepts service or is formally served. |
| 3. Response period | A personally served respondent generally has 20 days to respond. |
| 4. Additional requirements | Disclosure, parenting courses, agreements and other documents are completed when required. |
| 5. Resolution | The case proceeds by agreement, default, mediation or trial. |
| 6. Final judgment | A judge reviews the case and signs the final judgment when the requirements are satisfied. |
Step 1: The Clerk Opens the Divorce Case
A Florida divorce proceeding begins when the petition and required initial documents are filed with the circuit court. Under Florida Statute §61.043, a dissolution proceeding is commenced by filing a petition in circuit court.
After accepting the filing, the clerk generally:
- Creates the court case
- Assigns a case number
- Places the filed documents in the court record
- Issues a summons when formal service is required
- Sends filing notifications or deficiency notices when applicable
A deficiency notice does not necessarily mean the case has been denied. It usually means that the court or clerk requires another document, correction or procedural step before the case can move forward.
Step 2: The Other Spouse Receives Notice
What happens next depends on how the case was started.
Mutual-Agreement Divorce
When both spouses agree and cooperate, the respondent may sign the applicable documents and waive formal service. Both spouses must still complete the documents required for their situation.
A mutual-agreement case may qualify for a process that does not require the spouses to appear at a final hearing. However, avoiding a hearing depends on the court, the documents and the individual case. It should not be treated as guaranteed.
Read more about the Florida mutual-agreement divorce process.
Divorce by Summons
If the respondent has not voluntarily signed the applicable documents, the clerk may issue a summons. The petition, summons and other required papers are then formally delivered by a sheriff or authorized private process server.
The spouse who filed the case generally cannot personally hand the divorce papers to the respondent and treat that as valid formal service.
Our Florida divorce-by-summons guide explains service, the response period and the possible outcomes.
Divorce by Publication
If the respondent cannot be located after the required search efforts, the petitioner may need to follow Florida’s constructive-service procedures. This process involves additional affidavits, documented search efforts and publication of a legal notice.
Publication is not simply chosen because communicating with a spouse is difficult. It is generally used when the spouse’s location is genuinely unknown after the required efforts have been made.
Learn more about divorce by publication in Florida.
Step 3: The Respondent Has an Opportunity to Answer
When personal service is used, the respondent generally has 20 days after service to file an answer. An answer may admit or deny statements in the petition.
The respondent may also file a counterpetition asking the court for relief that was not requested in the original petition. The petitioner generally must respond to a counterpetition within the applicable deadline.
The case can follow different paths depending on what the respondent files.
The Respondent Agrees
If the respondent files an answer agreeing with the petition—or the spouses later resolve all their differences—the case may proceed toward an uncontested final resolution.
The Respondent Disagrees
If the respondent disputes property, parenting, support, alimony or another issue, the case becomes contested unless the spouses later reach an agreement.
An answer does not automatically mean that every case will go immediately to mediation or trial. The next requirements depend on the issues, the circuit’s procedures and subsequent agreements or court orders.
The Respondent Does Not Answer
If the response period expires without an answer, the petitioner may be able to request a clerk’s or judicial default, depending on the circumstances.
A default does not automatically grant everything requested in the petition. The petitioner must still complete the necessary documents, provide required proof and obtain a final judgment from a judge.
Step 4: Financial Disclosure and Required Documents
Many Florida divorce cases require the exchange of financial information. This process is commonly called mandatory disclosure.
Depending on the case, the parties may need to exchange or file documents involving:
- Income
- Bank accounts
- Tax returns
- Real estate
- Vehicles
- Retirement accounts
- Credit cards and other debts
- Insurance
- Child-related expenses
Certain disclosure requirements may be waived or may not apply in limited circumstances, but no one should assume that all financial affidavits or disclosure requirements disappear merely because the spouses agree.
If the divorce involves property or liabilities, visit our Florida divorce with property guide.
Step 5: Requirements When Minor Children Are Involved
A Florida divorce involving minor children generally requires additional documents and court requirements.
These may include:
- A parenting plan
- A time-sharing schedule
- Child-support calculations
- A UCCJEA affidavit
- Financial affidavits
- Certificates showing completion of the required parenting course
Under Florida Statute §61.21, parties to a dissolution proceeding involving minor children generally must complete the Parent Education and Family Stabilization Course before entry of the final judgment, unless excused by the court for good cause.
When parents use our mutual-agreement process, child support must be calculated under the applicable guidelines and included in the paperwork. The parents must also agree on the parenting plan and other child-related terms.
Visit our Florida divorce-with-children guide for the complete children process.
Step 6: The Spouses May Reach an Agreement
A divorce can begin as contested and later become uncontested. Spouses may reach an agreement through direct negotiation, attorney-assisted negotiation or mediation.
A settlement may address:
- Division of marital property and debts
- Parenting responsibilities
- Time-sharing
- Child support
- Alimony
- Attorney fees
- Other unresolved marital issues
When an agreement is reached, it is generally placed in writing and submitted for court approval. The judge must still determine whether the case satisfies the legal requirements for entry of a final judgment.
Step 7: Mediation May Be Required
Mediation uses a neutral mediator to help the spouses try to resolve disputed issues. The mediator does not act as the judge and does not decide the case.
Some circuits require mediation before a contested final hearing can be scheduled. Whether mediation is required and when it occurs can depend on local procedures, court orders and the issues involved.
If the spouses reach a complete or partial agreement, the agreement can be documented and submitted to the court. If unresolved issues remain, those issues may proceed toward a final hearing or trial.
Our Florida divorce mediation guide explains what to expect.
Step 8: Preparing the Case for Final Review
Before a judge enters the final judgment, the court generally must have all documents and proof required for that particular case.
Depending on the circumstances, final documents may include:
- A proposed final judgment
- A marital settlement agreement
- A parenting plan
- Child-support calculations
- Parenting-course certificates
- Proof of service
- Default documents
- Proof of publication
- Notices of hearing
- Other documents required by the court
Requirements can vary by case and judicial circuit. A document used in one type of divorce may be unnecessary or inappropriate in another.
Step 9: Final Hearing or No-Hearing Review
Some Florida divorces require a final hearing. Others may qualify for final review without the spouses appearing in court.
A Final Hearing May Be Required When:
- The case proceeded through formal service
- A default must be proven
- Issues remain disputed
- Children, property or support issues require court review
- The judge needs testimony or additional evidence
- The court’s procedure requires an appearance
A Hearing May Be Avoided When:
- Both spouses signed the required documents
- All issues were resolved
- The filing is complete
- The case qualifies under the court’s no-hearing procedure
- The judge accepts the submitted documents without requiring testimony
A no-hearing divorce still produces a real court case and a final judgment signed by a judge. Learn more about getting divorced without a court hearing in Florida.
Step 10: The Judge Signs the Final Judgment
The parties are not legally divorced until the judge signs and enters the final judgment of dissolution of marriage.
The final judgment may address:
- Dissolution of the marriage
- Property and debt division
- Parenting responsibilities and time-sharing
- Child support
- Alimony
- Restoration of a former name
- Other relief approved or ordered by the court
After entry, obtain and securely store a copy of the final judgment. A certified copy may be required for immigration, Social Security, a name change, remarriage, financial accounts or other official purposes.
How Long Does the Florida Divorce Process Take?
There is no single timeline for every Florida divorce. The length depends on cooperation, service, children, property, disputed issues, mediation, hearing requirements and the court’s workload.
| Process | General working estimate |
|---|---|
| Mutual agreement | Approximately 30–45 days in qualifying cases |
| Divorce by summons | Commonly 3–6 months or longer |
| Simple divorce by publication | Approximately 90 days |
| Publication with children or property | Approximately 90 days to six months or longer |
| Contested divorce | Varies substantially based on the disputed issues and court schedule |
These are general working estimates based on the types of cases our office handles, not guaranteed court deadlines.
How Divorce in Florida Online Helps
Divorce in Florida Online helps prepare and manage the paperwork required as a divorce moves through the court process.
Depending on the service and case, we may assist with:
- Preparing the appropriate Florida divorce documents
- Court e-filing
- Remote notarization coordination
- Summons and service documents
- Publication paperwork
- Parenting plans and child-support paperwork based on client-provided decisions and information
- Documents requested by the court
- Final-document preparation
If circumstances change—for example, a spouse initially agrees but later refuses to sign—the paperwork and process may need to be changed.
We are not attorneys, do not provide legal advice and cannot represent either spouse in court. If you need advice about your rights, strategy or what you should request, consult a licensed Florida attorney.
Frequently Asked Questions
What happens immediately after filing for divorce in Florida?
The clerk opens the case and assigns a case number. The next step is generally obtaining the other spouse’s signed participation documents or completing formal service. The court may also issue filing notices or request additional documents.
How long does a spouse have to respond to Florida divorce papers?
A spouse who is personally served generally has 20 days after service to file an answer. Different rules may apply to another filing or method of notice.
What happens if my spouse does not answer the divorce petition?
After the response deadline expires, the petitioner may be able to request a default. The petitioner must still file the required documents, provide necessary proof and obtain a final judgment from a judge.
Does every Florida divorce require mediation?
No. Mediation is commonly used when issues are disputed, and some circuits require it before a contested final hearing. A fully resolved mutual-agreement case may not require mediation.
Does every Florida divorce require a court hearing?
No. Some qualifying mutual-agreement cases may be finalized without the spouses appearing at a hearing. Summons, default, contested and other cases may require a final hearing.
When am I officially divorced in Florida?
You are officially divorced when the judge signs and enters the final judgment of dissolution of marriage. Filing the petition or reaching an agreement does not by itself end the marriage.
Can a contested Florida divorce become uncontested?
Yes. If the spouses resolve every disputed issue and properly document their agreement, the case may proceed toward an uncontested final resolution. The agreement and final documents remain subject to court approval.
What if the court asks for additional divorce documents?
The requested documents or corrections should be prepared and filed by the stated deadline. A request for additional documents does not necessarily mean that the divorce was denied.
Tell Us Where You Are in the Process
Whether you have not filed yet, need to serve your spouse, cannot locate your spouse or have received a request from the court, tell us what is happening. We will review the information to determine whether the document-preparation work is within our scope.
Questions? Call 800-474-1970.
Disclaimer: Divorce in Florida Online is not a law firm and does not provide legal advice or legal representation. We provide nonlawyer document-preparation and related administrative services. Court procedures and requirements may vary by case and judicial circuit. Consult a licensed Florida attorney if you need legal advice concerning your rights or circumstances.
