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Do You Have to Be Separated Before Divorce? In Florida, there is no separation period required before filing for divorce. In a no-fault divorce state, couples can file for divorce as soon as they decide to end their marriage. A spouse only has to give one of two reasons for a divorce to proceed.

Divorce proceedings in Florida don't require both parties to agree. Even if your spouse refuses to cooperate or sign divorce papers, you can still file for a no-fault divorce. In Florida, irretrievable breakdown of marriage is recognized as a valid reason for divorce.

To keep attorneys and their fees from entering into the proceedings, both parties will have to agree the marriage is broken and cannot be fixed. There must also be proof that the marriage actually exists to begin with, and that at least one party has lived in Florida for the past six months.

In Florida, property is divided 50-50 if it is considered ?marital property? ? or property that was acquired by either spouse during the marriage. Non-marital property, which is property either spouse acquired before the marriage, is not divided equally.

Petition for dissolution of marriage. There are separate forms for the simplified procedure (Form 12.901(a), above), and for cases with dependent or minor children (Form 12.901(b)(1)), with property but no children (Form 12.901(b)(2)), and with no property or children (Form 12.901(b)(3)).

Florida's forms for filing an uncontested divorce include the following: Cover Sheet for Family Court Cases. Petition for Divorce. Uniform Child Custody Jurisdiction and Enforcement Act Affidavit (whenever minor children are involved) Child Support Guidelines Worksheet (where child support is an issue)