If you’re thinking about filing for divorce in Florida, you probably have more questions than answers. What forms do you need? How long will it take? What happens to your house, your kids, or your retirement account?
Divorce is rarely easy, but understanding the rules before you start can make the process smoother and less stressful. Justin Andersson, P.A. helps individuals and families in Panama City and the surrounding Florida Panhandle navigate divorce with clarity and confidence. Here’s what to know before taking that first legal step.
1. Florida Is a No-Fault Divorce State
Florida does not require you to prove wrongdoing, such as infidelity or abuse, to get divorced. You only need to state that the marriage is “irretrievably broken,” and the court generally will not require further proof of that claim in an uncontested case. (For a deeper look at how this works, see our full explainer on no-fault divorce in Florida.)
That said, no-fault status doesn’t eliminate conflict. Courts can still consider certain misconduct, such as adultery that depleted marital assets, when deciding alimony. And disputes over children, property, or support can still be contentious even when neither spouse has to prove fault to end the marriage — which is why working with a divorce attorney familiar with how local judges and mediators approach these issues matters, even in a no-fault system.
2. Residency Requirements Apply
To file for divorce in Florida, either you or your spouse must have lived in the state for at least six months before filing. This is typically shown through a Florida driver’s license, voter registration, or a witness affidavit confirming residency.
If you recently moved to Panama City or Bay County, make sure this requirement is met and properly documented before filing — cases have been delayed or dismissed for jurisdictional defects when residency wasn’t established correctly from the start.
3. There Are Two Types of Divorce in Florida
Uncontested Divorce Both spouses agree on all major issues — property division, support, and custody if there are children. These cases are generally faster, less expensive, and require only a brief final hearing.
Contested Divorce Spouses disagree on one or more major issues, and the court must resolve the dispute through mediation, hearings, or in some cases a trial. Contested cases take longer and typically cost more, since they require discovery, negotiation, and possibly expert testimony on things like property valuation or parenting evaluations.
Many cases start out contested and settle into an agreement before trial — it isn’t an all-or-nothing choice made on day one. If you’re unsure which path fits your situation, our page on getting divorced in Florida without going to court walks through how to tell the difference.
4. Equitable Distribution of Property
In Florida, marital property is divided under equitable distribution laws, meaning the split must be fair but not necessarily 50/50.
This includes:
- The marital home
- Retirement accounts and pensions
- Business assets
- Debts and loans
Tip: Property acquired before the marriage is generally considered separate property and may not be divided.
5. Child Custody Is Based on the Child’s Best Interests
Florida uses the term “time-sharing” rather than custody. A parenting plan will be required outlining how time is shared between both parents, holidays, school schedules, and decision-making responsibilities.
Courts prioritize:
- The child’s safety and emotional needs
- Each parent’s ability to provide stability
- Willingness to foster a relationship with the other parent
Justin Andersson works with parents to create realistic, fair parenting plans while protecting your rights every step of the way.
6. Alimony May Be Awarded Based on Circumstances
Florida courts consider several factors in deciding whether to award alimony, including the length of the marriage, the standard of living established during the marriage, and each spouse’s income and earning capacity.
As of a 2023 reform to Florida’s alimony law, permanent lifetime alimony is no longer available for divorces filed after that change took effect. Courts can now award only temporary, bridge-the-gap, rehabilitative, or durational alimony, and durational alimony is capped both in length (based on how long the marriage lasted) and in amount (generally no more than 35% of the difference between the spouses’ net incomes). If you have an older alimony order from before the reform, it isn’t automatically changed, but the rules for modifying it — including at retirement — now run through the current law.
Because this area of law changed significantly and continues to be interpreted by Florida courts, it’s worth having a lawyer confirm exactly how it applies to your situation before assuming an old outcome still holds.
7. You Don’t Have to Go Through It Alone
Whether your divorce is simple or complicated, having an experienced attorney on your side helps you avoid costly mistakes — from missing a required disclosure to underestimating what a fair settlement should look like. And if a former spouse later stops following the terms of your judgment, we also help clients with enforcement of custody, support, and divorce orders.
Why Choose Justin Andersson, 850 Divorce Lawyer?
- Local expertise in Northwest Florida courts
- Personalized legal strategies
- Straightforward advice, no complicated legal jargon
- Compassionate and responsive representation
Our team understands that divorce is more than a legal matter, it’s an emotional transition. We’re here to help you move forward with confidence.
Ready to Get Started?
If you’re considering filing for divorce in Panama City, Destin, Crestview or anywhere in the Florida Panhandle, don’t go it alone. Schedule your free consultation today and get the guidance you need to protect what matters most.