Overview

Florida recognizes only two legal grounds for dissolving a marriage: that the marriage is irretrievably broken, or that one spouse has been adjudicated mentally incapacitated for at least the preceding three years. In practice, nearly all petitions proceed on the no-fault ground (“irretrievably broken”), which allows either spouse to allege, under oath, that reconciliation is not reasonably possible. The court’s focus then shifts to required basics—residency (six months before filing), venue, service, financial disclosures, parenting plans when there are minor children, equitable distribution, and support—rather than litigating who caused the breakdown. The mental incapacity ground is a narrowly tailored path for families living with a prior court finding of incapacity; it adds safeguards, including notice to a nearest blood relative or court-appointed guardian and a three-year waiting period measured from the adjudication. This guide turns those two grounds into a practical, 10-step, end-to-end playbook: choosing the correct ground, drafting precise petition language, preserving due-process notice, handling temporary needs, approaching mediation strategically, and proving the ground cleanly at the final hearing. Each step includes practitioner-style tips so your filings read consistently, hearings move efficiently, and the record supports a prompt, legally sound final judgment.

Who Benefits and Who Can File

The “two-ground” model benefits spouses who want predictable procedures without public fault trials. Anyone who has been a Florida resident for at least six months (or is married to a spouse who has) can file; you need not show adultery, cruelty, or abandonment to dissolve the marriage. People facing safety, privacy, or co-parenting concerns typically choose the irretrievably broken ground because it minimizes conflict and avoids irrelevant character litigation. Families coping with advanced dementia, traumatic brain injury, or similar conditions—where a court has already adjudicated a spouse incapacitated—may rely on the mental incapacity ground, which protects the incapacitated spouse through statutory waiting and notice. Either way, the petitioner need not prove “fault,” though facts such as domestic violence, extreme dissipation of assets, or substance abuse can still influence parenting plans, time-sharing, or financial outcomes.

Benefits of Florida’s Grounds Framework

• Clarity: Two grounds keep pleadings simple and hearings focused on practical relief.
• Efficiency: No-fault pleading reduces discovery and motion practice about “who caused what.”
• Protection: The incapacity path adds notice and timing safeguards for vulnerable spouses.

Step-by-Step Process (Grounds-Focused)

Step 1: Choose the Correct Legal Ground—Irretrievably Broken vs. Mental Incapacity

Begin by matching your facts to Florida’s two available grounds. If your relationship has permanently ended—communication is broken, counseling has failed or would not be helpful, and at least one spouse wishes to end the marriage—select irretrievably broken. This is the standard route and requires only a sworn allegation; you do not need to catalogue marital misconduct. The judge may, in limited circumstances, continue the case briefly (especially if there are minor children and a spouse contests the breakdown) or order counseling, but the court will ultimately dissolve the marriage if reconciliation is not reasonably possible. This approach keeps the litigation centered on practical outcomes: parenting plans, equitable distribution, and support, instead of adjudicating blame.

Choose mental incapacity only if a Florida court has already adjudicated your spouse mentally incapacitated, and that adjudication has existed for at least the preceding three years. The incapacity ground is not a medical opinion you insert into the divorce; it is a separate, prior legal determination (typically in a guardianship file) that triggers special protections. You must provide notice of the dissolution case to a nearest blood relative or the court-appointed guardian so they have an opportunity to be heard. This ground exists to ensure dignity and due process for a spouse who cannot meaningfully participate in divorce litigation. If you cannot meet those elements, revert to “irretrievably broken.”

From a strategy perspective, the irretrievably broken ground is almost always faster and simpler. It avoids satellite fights about mental status, reduces evidentiary disputes, and prevents unnecessary stigma. The incapacity ground is reserved for clear, documented cases where the guardianship court has already spoken; it can be the right path when caregivers need to resolve marital property and support while preserving the incapacitated spouse’s protections. Whichever ground you choose, align your entire file (petition language, proposed findings, and final judgment) to that choice so your judge can make a clean record and enter a well-supported decree.

Step 2: Confirm Residency, Venue, and Due-Process Architecture Before You Draft

Before typing a single word, lock in the three structural pillars that make a dissolution case legally sound: residency, venue, and service/notice. First, at least one spouse must have been a Florida resident for the six months immediately preceding the filing. Residency is usually proven with a Florida driver license or ID issued at least six months before filing, a voter registration card, or the sworn testimony of a corroborating witness. If you are close to the six-month mark, wait until you can prove it cleanly; judges will not waive the requirement, and filing too early invites dismissal without prejudice and unnecessary refiling costs.

Second, confirm venue, which is typically proper in the county where either party resides. If you share minor children, also consider the practicalities of your county’s family division—some circuits offer earlier case management dates, more robust mediation calendars, or streamlined parenting class options. While grounds do not change venue, a contested “irretrievably broken” allegation with children might benefit from a courthouse that can get you in front of a judge quickly for temporary timesharing or decision-making orders. Conversely, an incapacity-ground case may benefit from filing where the guardianship records and guardian ad litem are most accessible. Venue missteps lead to delay and transfer; cure them now, not after service.

Third, design service and notice around your chosen ground. For “irretrievably broken,” standard personal service of the petition and summons on the respondent is sufficient; if evasive, you may use alternative methods only after documented diligence. For “mental incapacity,” you must layer in statutory notice to the nearest blood relative or court-appointed guardian so the court can hear from that person. Build this into your initial filing checklist: add the guardian’s contact information to your service matrix and prepare a proposed order that references both the ground and the notice pathway. Drafting around service at the outset avoids emergency motion practice later and shows the court you respect due-process architecture.

Finally, sketch the issues matrix that your ground choice will not decide but will influence: temporary support while the case is pending, exclusive use of the home, parenting time, decision-making, and discovery scope. If you anticipate the respondent will contest that the marriage is irretrievably broken, plan to bring a short, neutral declaration (or be prepared to testify) about the history of separation and failed reconciliation. If you expect an incapacity-ground case, list the guardianship case number, the date of adjudication (to verify the three-year element), and who will receive notice. This up-front scaffolding keeps the file clean and the hearings purposeful.

Step 3: Draft the Petition—Precise Statutory Language, Clean Findings, and Ground-Aligned Relief

Treat the petition as the table of contents for your entire case. Its clarity dictates how smoothly the court can enter a final judgment and how little motion practice you will need along the way. Start with the caption (circuit, county, division, parties’ full legal names). Then, in the jurisdictional allegations, include a crisp residency allegation (“Petitioner has been a resident of the State of Florida for more than six months immediately preceding the filing of this Petition”) and a venue allegation (“Venue is proper in this county because Petitioner resides here,” or other applicable basis). Do not bury these points in narrative; judges and case managers look for them first.

Next, plead the ground in statutory language:

• Irretrievably broken: “The marriage is irretrievably broken.” Avoid editorializing—no accusations required. If you foresee denial from the respondent, add a brief, non-inflammatory sentence that reconciliation is not reasonably possible despite efforts or because of fundamental incompatibility.
• Mental incapacity: Track the statute tightly: identify the date and court of the prior adjudication, allege that the adjudication has existed for at least three years before filing, and state that notice of these proceedings will be provided to the nearest blood relative or court-appointed guardian. Include the guardianship case number if known. Precision here avoids a mid-case amendment when someone raises the three-year clock.

Then outline relief requests that align with your ground but cover the full family-law landscape. For cases with children: parental responsibility (shared or sole decision-making where justified), time-sharing schedule, supervised exchanges if safety requires, and child support per the guidelines (attach a proposed parenting plan and a child-support guidelines worksheet at the appropriate time). For property/financials: identification and equitable distribution of marital assets and liabilities, interim and bridge-the-gap or rehabilitative alimony where supported by facts, exclusive use of the residence if needed, and attorney’s fees/costs based on need and ability to pay. None of these requests change the ground; they simply keep the decree comprehensive so you do not return later for piecemeal relief.

Finally, write for the final judgment you want the judge to enter. Use short, declarative sentences that echo findings the court must make: residency, venue, satisfaction of service/notice, the chosen ground (irretrievably broken or mental incapacity with the three-year element), and best-interest findings if children are involved. If you plan to submit a proposed judgment, mirror your petition’s organization so the judge can check boxes quickly without re-drafting core findings. Consistency across petition, proof, and proposed judgment is the secret to a short hearing and a clean, appeal-proof decree.

Step 4: File, Serve, and Prove Notice—Build a Ground-Specific Delivery Plan That Survives Objections

Filing, service, and notice are where a clean petition becomes a live case. Once you have drafted the petition with precise ground language, file it in the correct circuit court and pay the filing fee or submit an indigency application if eligible. Immediately request issuance of the summons; many clerks auto-generate it, but you should still verify that the names, addresses, and case number exactly match your petition caption. From there, build a delivery plan that is tailored to the ground you chose, because “due process done right” is what prevents avoidable continuances and motion practice.

For the irretrievably broken ground, the service pathway is straightforward: arrange personal service of the petition, summons, and required attachments (standing administrative orders, parenting class notice if minor children are involved, and any case-management order) on the respondent. Use the sheriff or a certified private process server in the county where the respondent is located. Provide your server with a short “service brief” that lists the best addresses, gate or concierge instructions, known work shifts, and any safety concerns. Precision increases first-attempt success, and a fast return of service moves the case quickly toward the initial case management conference or temporary relief hearing. If the respondent is cooperative, you can also request a notarized Acceptance and Waiver of Service to save time and cost, but do not rely on a handshake promise—file the executed acceptance the same day you receive it.

For the mental incapacity ground, layer in statutory notice in addition to standard service on the respondent (or their guardian if the respondent’s capacity prevents them from accepting service). Prepare a Notice to Nearest Relative or Court-Appointed Guardian that references the prior adjudication, the date of that adjudication, and the case number from the guardianship if known. Include a simple one-page explainer telling the recipient what the dissolution case is and how they may be heard. Send this by a method you can prove—certified mail with return receipt, sheriff, or process server—and log delivery in a notice affidavit that you will file before any substantive hearing. Embedding this step early forecloses later arguments that the incapacitated spouse’s interests were not respected; judges will appreciate that you engineered fairness from the start.

No matter the ground, maintain a service ledger: date filings, who was served, how, where, and the outcome. File the Return of Service promptly and check the online docket to confirm it posts. If service stalls, do not wait passively—call your server, add alternate addresses, and seek an order permitting substitute service if the facts support it. This diligence pays dividends: when you appear for a temporary needs hearing or a case management conference, you will be able to answer the judge’s first question—“Has the respondent been properly served?”—without hesitation.

In parallel, prepare your initial disclosure packet (financial affidavit, mandatory disclosure documents, parenting plan draft if children are involved). While grounds do not alter these obligations, a methodical, early disclosure posture signals to the court that you are not using “grounds” as a litigation cudgel. Judges favor parties who comply without being pushed. If you anticipate a challenge to the irretrievably-broken allegation, early disclosure underscores your good faith and keeps the case on rails even if the court briefly continues the matter for counseling or mediation. In a mental-incapacity case, early disclosure also helps a guardian or relative understand the property landscape and weigh in constructively.

Before you leave this step, audit your file against a hearing-ready checklist: (1) stamped petition and summons, (2) filed returns/acceptances, (3) filed notice to nearest relative/guardian (if using the incapacity ground) with proof of delivery, (4) parenting class enrollment proof when required, (5) completed financial affidavit and exchanged mandatory disclosure or a documented plan to complete it, and (6) a short, neutral status memo summarizing service and notice. With those elements locked, you are positioned to ask for temporary relief, engage in early mediation without procedural gaps, and reach a final hearing where the only real question is which ground applies—not whether anyone had proper notice.

Step 5: Secure Temporary Needs Orders—Keep the Household Stable While Grounds Are Adjudicated

Divorce cases do not unfold in a vacuum. Bills come due, children need schedules, and separated households must function while the case moves forward. That is why a disciplined approach to temporary needs (sometimes called pendente lite relief) is essential. The grounds you pled will not by themselves determine temporary outcomes, but your professionalism in bringing a narrow, well-supported motion will set the tone for the entire case. Aim for orders that stabilize finances, parenting, and communication with the least friction possible, so that mediation and the final hearing can focus on durable solutions instead of emergency triage.

Start by drafting a targeted motion that requests only what you can prove and what you truly need until final judgment: temporary time-sharing and decision-making boundaries, child support calculated under the guidelines, temporary alimony if warranted, exclusive use of the marital home when safety or logistics require it, and interim responsibility for specific bills (mortgage, utilities, insurance). Attach your completed financial affidavit, pay stubs, recent tax returns, and any proof of necessary expenses (childcare, health premiums). Precision earns credibility; overreaching invites delay and judicial skepticism. Propose a modest, enforceable communication protocol (e.g., a parenting app) to reduce conflict in the interim.

When the ground is irretrievably broken and the other spouse denies it, be ready for the court to briefly continue the case or order counseling—especially with minor children. Don’t fight the concept; embrace it with logistics: provide a short affidavit that outlines separation history, prior efforts to reconcile, and why further counseling is unlikely to succeed. Ask the court to impose temporary parenting and financial orders during any brief continuance so day-to-day life remains stable while the court satisfies itself that the marriage is, in fact, beyond repair. Courts appreciate parties who can protect children and finances without weaponizing the “broken” label.

In a mental incapacity ground case, craft your temporary relief with dignity and clarity. If a guardian exists, confer in advance and seek stipulated orders where possible. Temporary financial orders should protect the incapacitated spouse’s access to care and living expenses while also preserving marital assets from waste. If decision-making about children is at issue, propose arrangements that minimize transitions and keep schooling and medical care continuous. File a short memo confirming that the nearest-relative/guardian notice requirements were met and invite the court to hear from that person on any safeguards they believe are needed. This cooperative stance demonstrates that the incapacity ground is being used for protection—not advantage.

Process-wise, set your motion for the earliest available short, focused hearing (often 15–30 minutes). Provide the other side with your exhibits in advance and propose a draft order that a judge can sign with minimal edits. Keep your presentation factual: incomes, expenses, parenting logistics, insurance details, and any narrow safety accommodations. Avoid fault narratives; judges will redirect you to the practicalities. If your circuit requires case management first, use that session to obtain a referral to mediation and a timetable for temporary relief, then follow up with coordinated dates immediately. A clear, modest temporary order reduces friction and primes the matter for efficient mediation on property division and final parenting terms.

Finally, remember that temporary orders are living documents. If circumstances change (job loss, medical diagnosis, school calendar shift), seek a short status hearing to adjust them. Courts reward parties who document changes and request surgical fixes rather than letting small problems fester. The more stability you build at this stage, the less time you will spend litigating emergencies—and the easier it will be to prove your ground and finalize the case without collateral damage.

Step 6: Exchange Financials, Disclose Early, and Tailor Discovery to the Ground Without Overkill

Grounds are simple; finances are not. Florida’s mandatory disclosure regime exists so judges can resolve equitable distribution and support without trial by ambush. Treat disclosure as a project with milestones, not a stack of PDFs. Within the deadlines, exchange a completed financial affidavit (short or long form as required by your income level), three months of pay records, tax returns, bank and credit statements, and proof of major assets and debts. Organize your production by account and month, use consistent file names, and provide an index so opposing counsel or the self-represented respondent can follow along. The credibility you bank here reduces later disputes and accelerates mediation.

When your ground is irretrievably broken, resist the temptation to convert financial discovery into a proxy fault fight. Your aim is a fair snapshot of the marital estate. Where dissipation is suspected (e.g., large transfers, gambling, sudden debt), target discovery surgically: request statements for the specific period and institution, obtain point-of-sale logs where available, and—if necessary—notice a brief deposition limited to transactions above a threshold. Offer to stipulate to authenticity of routine records so the parties can focus on substance. If there are children, prepare a child support guidelines worksheet early; it anchors settlement ranges even while you haggle over valuations.

In a mental incapacity ground case, sensitivity is paramount. Coordinate with any guardian or nearest relative to obtain a complete picture of the incapacitated spouse’s care costs, insurance coverage, and special-needs expenses. Discovery should illuminate, not intrude. Ask for care plans, facility invoices, and benefits summaries, then propose interim budgeting that meets medical needs while preserving assets. If the incapacitated spouse receives income from trusts or pensions, request statements and governing documents, but limit use of subpoenas to what is genuinely necessary. Judges take note when parties pursue the least disruptive path consistent with transparency.

For either ground, memorialize agreements in a disclosure stipulation: which documents have been exchanged, what else will be provided, and by when. Scheduling discipline prevents motion practice over avoidable slippage. If the other side stonewalls, move to compel with a short, exhibit-driven motion that shows precisely what is missing and why it matters to equitable distribution or support. Keep proportionality front and center; asking for “all records since the wedding” when only the last 24 months are disputed invites a lecture from the bench. Judges reward litigants who balance completeness with efficiency.

Finally, package your financial case for mediation readiness: a one- to two-page asset/liability spreadsheet with proposed distributions, a child-support worksheet (if applicable), and a brief list of unresolved valuation questions. Pair this with a draft marital settlement agreement and, if children are involved, a draft parenting plan. None of these documents depend on which ground you pled, but having them in shape proves that grounds are not a smokescreen—they’re a narrow legal key that unlocks the court’s authority while you do the hard work of building durable financial and parenting solutions. With disclosures exchanged and discovery tailored—not bloated—you are ready to mediate, narrow issues, and prepare the clean evidentiary record that will carry your chosen ground across the finish line at final hearing.

Step 7: Mediate with Purpose—Design a Durable Deal That Matches Your Chosen Ground

Mediation is where most Florida divorces are settled, and your choice of ground—irretrievably broken or mental incapacity—quietly shapes the room. Go in with a settlement architecture, not loose talking points. Start by preparing a one-page, neutral issue list: (1) parenting decision-making and time-sharing (if there are minor children), (2) child support per guidelines with deviations and who pays what add-ons, (3) equitable distribution (assets, debts, valuations, cut-off date), (4) alimony type/duration (if any) tied to facts, (5) insurance/COBRA and uncovered medical, (6) taxes (dependency rotation, credits, filing status for the year of divorce), and (7) implementation mechanics—deadlines, deeds, titles, financial transfers, and hold-harmless clauses. Add a second page with a clean opening proposal for numbers and dates. The mediator’s first job is to give structure; make it easy for them to reality-test options instead of deciphering chaos.

In the typical irretrievably broken case, mediation is a forward-looking business meeting. Do not use the joint session to re-litigate the past or to “prove” the ground; the ground is established by your sworn allegation and, if necessary, brief testimony at final hearing. Keep the tone pragmatic: focus on net values, cash flow, and stability for children. Bring source documents—pay stubs, recent bank/retirement statements, Kelley Blue Book screenshots for vehicles, and any recent appraisals. Offer exchange trades rather than positional demands (e.g., “I can move child support to guideline if we adopt the 60/40 time-sharing with midweek dinner and you keep the SUV; I’ll take the sedan and refinance by X date”). Draft on screen if possible and circulate a live term sheet. At impasse on a single topic (say, alimony length), bracket the range and finish everything else; partial settlement narrows the final hearing.

For the mental incapacity ground, your posture should highlight dignity and safeguards. If a guardian or nearest relative has notice, invite them to caucus early so they can describe care needs and predictable costs. Build a budget that protects the incapacitated spouse’s housing, medications, therapies, and transport—even if assets are modest. Solutions might include a short-term support bridge while benefits are optimized, a jointly agreed representative payee mechanism, or direct-pay arrangements to providers so funds cannot be misapplied. Where a special needs trust or pooled trust is in play, ask the mediator to schedule a five-minute joint check-in with counsel or the trustee by phone to ensure the settlement will not disrupt eligibility. Your goal is a settlement that a judge reads once and signs because it is humane, administrable, and consistent with notice requirements.

Mechanically, request that the mediator produce a Mediated Marital Settlement Agreement (MSA) and—if you have children—a Mediated Parenting Plan with a contingency calendar for holidays, exact exchange times/locations, and tie-break protocols for education/medical choices. Include implementation clauses: quitclaim deed forms attached, deadlines to submit pension/QDRO drafts, refinance-by dates with fallbacks (e.g., listing the house if a refinance fails within 120 days), account numbers masked but referenced, and a “cooperation for documentation” clause. Add enforcement tools: a prevailing-party fees clause for future enforcement only (not modification) and a narrow liquidated-damages remedy for time-sensitive transfers. Keep tax language clear: who claims which child in which years, how to split refunds or liabilities for the filing year, and responsibility for 1099-R taxes if a retirement split uses an in-kind transfer.

If you hit impasse, mediate the trial. Agree on what exhibits can come in by stipulation (bank statements, pay records, titles), whether any valuation can be fixed by mid-point or appraisal, and set a joint exhibit list. Even without a global deal, these “process settlements” slash hearing time and cost. If emotions run hot, ask for a caucus-only format; many mediators default to shuttle diplomacy in family cases because it reduces conflict and reframes decisions as business choices. End the session with either signed paperwork or a clear memo of partial agreements and open issues, with dates for exchanging any missing documents. A purposeful mediation reduces your final hearing on grounds to the shortest, cleanest portion of the day—exactly how Florida’s two-ground framework is meant to work.

Step 8: Prepare for and Conduct the Final Hearing—Prove the Ground Cleanly and Lock in Findings

Treat the final hearing as a findings delivery session. Judges appreciate short, well-organized presentations that let them check the required boxes quickly. Build a three-part binder: Tab A—jurisdiction/venue/notice proof; Tab B—grounds proof; Tab C—consent documents (MSA/Parenting Plan) or, if contested, your exhibits on unresolved issues. Draft a proposed Final Judgment that mirrors the statute and local practice, with labeled paragraphs for residency, venue, service, ground findings, best interests (if children), and incorporation of the MSA/Parenting Plan. Bring editable copies (USB or e-mail) and printed signature versions.

For irretrievably broken, your proof is brief but must be crisp. Your direct examination can be under five minutes: (1) name, residency for six months prior to filing (and how you can prove it), (2) marriage date and place, (3) statement that the marriage is irretrievably broken and reconciliation is not reasonably possible, (4) confirmation of any children and that a Parenting Plan has been filed (or that there are none), and (5) request to restore a former name if applicable. If the other spouse denies the breakdown, be ready with a short, neutral narrative: time apart, prior counseling, and why further counseling would be futile or harmful. Judges may briefly continue, but most will enter the dissolution if the record shows that at least one spouse in good faith believes reconciliation is not reasonably possible.

For the mental incapacity ground, build a mini-foundation: introduce the prior order adjudicating incapacity, state the adjudication date (to establish the three-year element), and file/offer proof of notice to the nearest blood relative or court-appointed guardian. Keep your tone respectful and clinical; do not litigate medical details. If a guardian is present, invite a two-question confirmation: they received notice, and they have no objection to the court proceeding (or they wish to be heard on limited safeguards). The court’s findings should recite that the spouse was adjudicated incapacitated, the adjudication existed for at least three years before the petition, and notice requirements were met. These sentences make your judgment durable.

When agreements exist, walk the judge through them succinctly: “Your Honor, we have a signed Mediated Marital Settlement Agreement and Parenting Plan. We request that they be approved, found in the best interests of the child(ren), and incorporated but not merged, with the court reserving jurisdiction to enforce.” If issues remain contested, present only what is necessary and avoid cumulative proof. Use stipulated exhibits wherever possible to save time. For child support, hand up a current guidelines worksheet and state the income sources relied upon; for equitable distribution, present a two-column chart with net values and a bottom-line equalizing payment if applicable. Precision here limits post-judgment cleanup.

Close by previewing implementation: deeds, title transfers, QDROs, refinance timelines, and parenting class certificates (if required) are ready or calendared. Ask the court to retain jurisdiction to enter clarifying orders and to enforce the MSA/Parenting Plan. If you are seeking a name change, present a clean paragraph with the exact prior name. The objective is a one-hearing finish: the judge makes statutory findings tied to your chosen ground, signs the final judgment, and your family has a roadmap you can actually follow the next morning.

Step 9: Enter the Final Judgment and Execute the Implementation Checklist—From Paper to Practice

A signed judgment is the start of execution work, not the end. Before you leave the courthouse (or shortly after receiving the e-signed PDF), verify that the final judgment accurately recites your ground—either “marriage is irretrievably broken” or “respondent was adjudicated mentally incapacitated for at least the three years preceding the filing and required notice has been provided to [nearest relative/guardian].” Confirm that the judgment incorporates your Mediated Marital Settlement Agreement and Parenting Plan (if any), and that it reserves jurisdiction to enforce and, where appropriate, to enter further orders (e.g., QDRO approval). If a paragraph is missing or a date is wrong, ask for a prompt nunc pro tunc correction before downstream institutions (lenders, plan administrators) rely on the defective order.

Next, run your implementation checklist. For real property: prepare and record the quitclaim deed with the precise legal description; file any required documentary stamps; and update homeowner’s insurance and utilities to match the new titleholder. For vehicles: sign title transfer lines, deliver keys and service records, and update insurance carriers. For retirement accounts: draft QDROs or other plan-acceptable orders quickly; some plans require their own model language and pre-approval—calendar their review windows to avoid transfer delays. For cash equalizations: specify method (cashier’s check, wire), bank coordinates, and due dates. For refinances: track the deadline, provide cooperation documents on request, and include a fallback (list the property) if financing fails. Keep a shared “closing checklist” with checkmarks and upload receipts to a shared folder so compliance is provable.

If your case involved children, file proof of completion for any required parenting course and upload your executed Parenting Plan to any school or provider that needs it for records. Set up child support payment rails immediately (State Disbursement Unit or other ordered platform) and calendar annual exchanges of tax documents if your plan ties support to fluctuating incomes. For health insurance and uncovered expenses, create a micro-protocol: which parent advances, what documentation must accompany reimbursement requests, and a 30-day reimbursement window with Zelle/ACH details to avoid friction.

For mental incapacity cases, implementation often includes coordination with a guardian or facility. Provide the guardian with the final judgment and any support payment schedules, and confirm the permitted payee method to avoid benefit disruptions. If the MSA created safeguards (e.g., direct-pay to care providers), enroll those immediately. Where trusts are involved, deliver certified copies to the trustee and obtain written confirmation that distributions will align with the new order. These courtesy steps prevent avoidable compliance crises.

Finally, update the life infrastructure: beneficiaries on retirement and insurance (as allowed by law and the judgment), emergency contacts at schools and doctors, passwords removed from shared accounts, and address updates with banks and the DMV. Many disputes after divorce are really implementation failures; your goal is to eliminate ambiguity. Keep a small, shared calendar of deadlines (deed recording, QDRO submission, refinance, tax items) and use reminders. If either party hits a practical snag, request a short status hearing rather than letting annoyance turn into noncompliance. A meticulous execution phase turns a paper judgment into the stable, predictable arrangement you negotiated or won at hearing.

Step 10: Post-Judgment Stewardship—Enforcement, Modification, and Appellate Windows Without Re-Litigating Grounds

With a final judgment in place, the law shifts from grounds to stewardship: enforcing what the court ordered, modifying terms when circumstances substantially change, and protecting appellate rights. The ground that dissolved the marriage does not resurrect post-judgment; you will not re-try “irretrievably broken” or “incapacity.” Instead, focus on three lanes: enforcement of what is clear, clarification of what is ambiguous, and modification if facts materially evolve (most often parenting or support). Begin by calendaring key windows: the short deadline to move for rehearing if the order contains an internal inconsistency or missed finding; the notice-of-appeal deadline if you believe the court applied the law incorrectly; and any timed obligations (refinance, title work, support start dates). Missing these windows turns fixable problems into permanent ones.

For enforcement, keep it surgical and evidentiary. If a party fails to deed property, transfer a title, or start support, file a verified motion for enforcement/contempt with exhibits: the judgment paragraph, your written request, proof of noncompliance, and a proposed order that sets specific purge conditions (e.g., “execute quitclaim within ten days or the clerk is authorized to sign”). Where money is due, attach a ledger with dates and totals; consistency wins credibility. If the Parenting Plan is being ignored, ask for a brief enforcement hearing and, only if necessary, narrowly tailored make-up time or supervised exchanges. Courts respond best to measured asks anchored in the four corners of the judgment.

For clarification, distinguish ambiguity from modification. If the judgment says “refinance promptly,” that is vague; ask the court to clarify into a date certain. If the judgment omits who pays a specific insurance, request a clarifying order that fills the gap without changing economic balance. Judges are willing to fix gaps that impede execution—especially where both sides want predictability.

For modification, be sure a material, unanticipated change has occurred (job loss, major health shift, relocation for children). File a petition to modify with updated financials or a revised best-interests analysis, and propose a solution proportionate to the change. Keep disputes out of the grounds lane; the marriage was dissolved on Day One, and you are now managing life after. If your original ground was mental incapacity, remember that guardianship changes (e.g., a new guardian, improvement/worsening of condition) may require coordination but do not undo the dissolution. Bring the guardian into any post-judgment modification discussions early to avoid friction and ensure care continuity.

Finally, guard your appellate posture. If you believe the trial court erred on a legal question (not just a discretionary call), consult appellate timelines immediately. Preserve the record: ensure your exhibits were admitted, your objections were stated, and that the final judgment contains the necessary findings (residency, venue, grounds). Sometimes, a short, respectful motion for rehearing that pinpoints a missing statutory finding will fix the issue faster than an appeal. Outside the courthouse, do the human work: update beneficiaries where permitted, complete the last transfers, and maintain a civil tone in co-parent communications. Post-judgment life rewards parties who treat the order like an operating manual, not a battlefield. Stewardship—timely, factual, and grounded in the judgment’s text—keeps you out of court and lets the “two-ground” simplicity do its job: the marriage is legally ended, and your next chapter is administratively clear.

Costs Associated

While grounds for divorce in Florida are simple, you should budget for the routine costs that move the case from petition to final judgment:

• Filing fee: Circuit court filing fees for dissolution actions are typically around the $400 range (varies by county). Some clerks assess small add-ons for summons issuance and copies.
• Service of process: Sheriff or certified process server fees usually apply per attempt or per address. If the respondent cooperates, a notarized acceptance of service can reduce this cost.
• Mediation: Many circuits require mediation before trial. Court-connected programs may offer sliding-scale rates; private mediators set hourly fees shared by the parties unless ordered otherwise.
• Parenting course: If you have minor children, most circuits require a state-approved parenting education course with a modest enrollment fee.
• Discovery & records: Copying, postage, and retrieval fees for bank, payroll, or medical records. Keep requests targeted to control expense.
• Implementation costs: After judgment, expect deed recording fees, motor-vehicle title transfers, potential document stamps, retirement plan order (QDRO) drafting/processing fees, and financial wire/transfer fees.
• Professional help (optional): Attorney’s fees, accountant valuations, or appraisals where needed. Courts can award need-based fees in some cases, but you should not assume fee shifting.
• Indigency option: If you cannot afford filing and summons fees, you may apply for civil indigent status. If approved, certain court costs may be waived or deferred.

Time Required

Timeframes vary by circuit, docket load, and whether the case settles early:

• Uncontested (irretrievably broken): If both parties sign a full settlement and required disclosures are filed, final hearings can occur in weeks to a few months, depending on local scheduling.
• Contested but focused: With limited disputes and productive mediation, many cases resolve within 3–6 months. Case management conferences and mandated mediation dates influence the pace.
• Contested with complex issues: Significant valuation disputes, discovery fights, or parenting litigation can extend timelines to 6–12 months or more.
• Mental incapacity ground: Because you must show a prior adjudication and provide notice to a nearest relative or guardian, scheduling can take longer if guardianship records must be obtained or a guardian needs to be heard.
• Post-judgment implementation: Deeds, titles, retirement order approvals, and refinance deadlines often add 30–120 days after the final hearing.

Limitations

• Grounds are narrow by design: Florida recognizes only irretrievable breakdown or mental incapacity (with a prior adjudication for at least three years). You cannot plead “fault grounds” as independent bases, though misconduct can still affect parenting or financial issues.
• Court discretion on brief continuances: If one spouse denies the marriage is irretrievably broken—especially where minor children are involved—the court may briefly continue the case or order counseling before entering a final judgment.
• Proof requirements for incapacity ground: You must establish the prior adjudication and provide statutory notice to a nearest blood relative or guardian; without these elements, the court will not dissolve on incapacity and you must proceed under irretrievable breakdown.
• Not a shortcut on finances: No-fault grounds simplify the why of divorce, not the how of distribution and support. Full disclosure, valuation, and—in some cases—expert input are still required.

Risks and Unexpected Problems

• Service/notice defects: Improper personal service or missing notice to a guardian/nearest relative (for incapacity cases) can trigger delays, vacated hearings, or re-service.
• Discovery friction: Incomplete or late financial disclosure stalls mediation and can lead to motions to compel, sanctions, or continuances.
• Implementation gaps: Omitted deed language, missing retirement plan orders, or vague deadlines create post-judgment conflict and enforcement hearings.
• Expectations vs. law: Parties who expect “fault” to control outcomes can be disappointed; Florida applies equitable principles and child best-interest standards rather than punishing misconduct via the ground for divorce.
• Capacity sensitivities: In incapacity cases, coordination with guardianship stakeholders is vital. Missteps can jeopardize benefits or care arrangements and draw additional court scrutiny.

Sources

• Florida Statutes §61.052 — Dissolution of marriage (grounds and procedures)
• The Florida Bar — Consumer Pamphlet: Divorce in Florida
• Florida Courts — Family Law Forms (Dissolution packets and related filings)