Florida Family Law Resource Center

Either spouse may file if the legal requirements are met. Filing first does not create an automatic advantage on the merits, but it can affect preparation, timing, presentation, and immediate requests. Whether filing first is strategically useful depends on the case.

A spouse generally cannot permanently prevent a Florida divorce simply by refusing to agree. The court may proceed when the legal requirements are established, although disputes, service problems, or failure to participate can affect the process and timing.

No. Florida law allows dissolution when the marriage is irretrievably broken. If that allegation is denied and there is a minor child or another statutory circumstance, the court may take additional steps, but mutual consent is not generally required.

No lawyer can represent two clients whose interests conflict in the same divorce. One spouse’s lawyer may prepare settlement documents reflecting an agreement, but that lawyer represents only that client. The other spouse may obtain independent advice.

A final hearing is common, and simplified dissolution requires both spouses to appear. The exact procedure can vary by case type, circuit, judge, and whether issues are contested. Never assume an appearance is excused without confirmation.