How to File for Divorce in Florida: Step-by-Step Guide (2026)

How to File for Divorce in Florida

Quick Answer: To file for divorce in Florida, you must: (1) meet residency requirements (6 months), (2) complete required forms, (3) pay the $408-$410 filing fee, (4) file with the circuit court clerk, and (5) serve your spouse. The process takes 4-12 weeks for uncontested cases or 6-18+ months for contested.

---

Florida Divorce Filing Requirements

Residency Requirement (F.S. 61.021)

Before filing, at least one spouse must have been a Florida resident for at least 6 months. You'll need to prove this with:

• Florida driver's license
• Voter registration
• Affidavit from a third party
• Utility bills or lease agreement

Important: You don't both need to live in Florida—only one spouse needs to meet the 6-month requirement.

Grounds for Divorce (F.S. 61.052)

Florida is a no-fault divorce state. You only need to prove:

You do NOT need to prove:

• Adultery
• Abandonment
• Abuse
• Any wrongdoing

Simply stating "the marriage is irretrievably broken" is sufficient.

---

Step 1: Gather Required Information

Before starting your forms, collect:

Personal Information

• Full legal names (including maiden names)
• Dates of birth
• Social Security numbers
• Current addresses
• Date and location of marriage

Financial Information

• Income (pay stubs, tax returns)
• Bank account statements
• Retirement account statements
• Real estate deeds
• Vehicle titles
• Credit card and loan statements
• Monthly expenses

Children (If Applicable)

• Full names and dates of birth
• Current school information
• Healthcare providers
• Existing custody arrangements (if any)

---

Step 2: Choose Your Divorce Type

Option A: Simplified Dissolution

Requirements (ALL must apply):

• No minor children (and wife not pregnant)
• Both parties agree the marriage is irretrievably broken
• Both parties agree on property/debt division
• Neither party seeks alimony
• Both parties will attend final hearing together

Forms needed:

• Petition for Simplified Dissolution (Form 12.901(a))
• Family Law Financial Affidavit (Form 12.902(b) or (c))
• Marital Settlement Agreement (Form 12.902(f)(3))

Option B: Regular Dissolution (Uncontested)

Use when:

• You have minor children, OR
• You want alimony, OR
• You agree on terms but don't qualify for simplified

Forms needed:

• Petition for Dissolution of Marriage (Form 12.901(b)(1))
• Family Law Financial Affidavit (Form 12.902(b) or (c))
• Marital Settlement Agreement (Form 12.902(f)(1) or (f)(2))
• Parenting Plan (Form 12.995(a)) - if children
• Child Support Guidelines Worksheet (Form 12.902(e))

Option C: Regular Dissolution (Contested)

Use when:

• Spouse won't agree to divorce
• You can't agree on terms
• Complex assets or custody disputes

Forms needed:

• Petition for Dissolution of Marriage (Form 12.901(b)(1))
• Family Law Financial Affidavit
• Additional motions as needed

---

Step 3: Complete the Required Forms

Where to Get Forms

Free sources:

• Florida Courts Self-Help: flcourts.gov
• County clerk websites
• Law library

Key Forms Explained

Petition for Dissolution of Marriage (Form 12.901)

This is the main document that starts your case. It includes:

• Your information and spouse's information
• Marriage date and location
• Whether you have children
• What you're asking for (property, support, custody)

Family Law Financial Affidavit (Form 12.902)

Required in all divorces. Choose:

• Short form (12.902(b)): Gross income under $50,000/year
• Long form (12.902(c)): Gross income $50,000+/year

This details your income, expenses, assets, and debts.

Marital Settlement Agreement (Form 12.902(f))

If you and your spouse agree on terms, this document spells out:

• Property division
• Debt allocation
• Alimony (if any)
• Parenting arrangements (if children)

---

Step 4: File with the Court

Where to File

File in the circuit court of the county where:

• You live, OR
• Your spouse lives, OR
• You both last lived together

Filing Fees (2026)

How to File

Option 1: E-Filing (Recommended)

• Florida requires e-filing for attorneys
• Self-represented parties can e-file through county portals
• Faster processing, instant confirmation

Option 2: In-Person

• Bring original plus 2 copies
• Pay filing fee (cash, check, or card)
• Clerk stamps and returns copies

Option 3: Mail

• Send original plus 2 copies
• Include check for filing fee
• Include self-addressed stamped envelope

Fee Waiver

If you can't afford the filing fee, file an Application for Determination of Civil Indigent Status. If approved, fees are waived.

---

Step 5: Serve Your Spouse

After filing, your spouse must be legally notified. This is called "service of process."

Service Methods

If spouse will cooperate:

- Spouse signs acknowledging receipt

- Fastest and cheapest method

- Spouse has 20 days to respond

If spouse won't cooperate:

- County sheriff delivers papers

- Provides proof of service

- Often faster than sheriff

- Can serve at work, home, or other locations

- Only if you cannot locate spouse

- Requires diligent search affidavit

- Published in newspaper for 4 consecutive weeks

- Costs $100-$300

What Gets Served

Your spouse receives:

• Copy of the Petition
• Summons (Form 12.910)
• Notice of Social Security Requirement
• Any other filed documents

---

Step 6: Wait for Response

If Spouse Responds (Contested or Uncontested)

Your spouse has 20 days to file a response (Answer). They may:

• Agree to everything → Proceed to final hearing
• File an Answer → May agree or disagree with your requests
• File a Counter-Petition → Request different terms

If Spouse Doesn't Respond (Default)

If your spouse doesn't respond within 20 days:

With a default, you typically get what you asked for in your Petition (within legal limits).

---

Step 7: Mandatory Disclosures

Both parties must exchange financial documents within 45 days of service per Florida Family Law Rule 12.285. This includes:

• Tax returns (last 3 years)
• Pay stubs (last 3 months)
• Bank statements (last 3 months)
• Retirement account statements
• Real estate documents
• Debt statements

Certificate of Compliance (Form 12.932) confirms you've completed disclosure.

---

Step 8: Attend Mediation (If Required)

Most Florida counties require mediation before trial for contested cases involving:

• Child custody disputes
• Property division disagreements
• Alimony disputes

Mediation costs: $150-$400/hour (split between parties)

What happens: Neutral mediator helps you negotiate. If you reach agreement, it becomes binding. If not, you proceed to trial.

---

Step 9: Final Hearing

Uncontested Cases

For uncontested divorces:

• Hearing lasts 10-15 minutes
• Only filing spouse needs to attend (usually)
• Judge reviews paperwork
• Asks a few questions
• Signs Final Judgment

Questions the judge may ask:

• "Is your marriage irretrievably broken?"
• "Have you read and do you understand the settlement agreement?"
• "Are you signing voluntarily?"

Contested Cases

If contested:

• Multiple hearings possible
• Both parties present evidence
• Judge decides disputed issues
• Can take 1-2 years to resolve

---

Step 10: Final Judgment

After the hearing, the judge signs the Final Judgment of Dissolution of Marriage. This:

• Officially ends your marriage
• Divides property and debts
• Establishes custody/support (if applicable)
• Sets alimony (if applicable)

Important: You are NOT divorced until the judge signs. The hearing date is not your divorce date—the signature date is.

---

Florida Divorce Timeline

Minimum waiting period: None in Florida (unlike some states).

---

Common Filing Mistakes to Avoid

1. Wrong Forms

Using outdated or incorrect forms causes rejection. Always download from official Florida Courts website.

2. Incomplete Information

Missing signatures, dates, or required fields delays processing.

3. Improper Service

If service isn't done correctly, the entire case can be dismissed.

4. Missing Deadlines

• Response due: 20 days
• Disclosure due: 45 days
• Missing these affects your case

5. Not Disclosing Assets

Hiding assets is fraud. If discovered, the court can reopen the case and impose penalties.

---

Do You Need a Lawyer to File?

Legally required? No. You can file "pro se" (self-represented).

Recommended? Yes, for most cases.

When DIY May Work

• Truly uncontested
• No children
• Minimal assets/debts
• Short marriage
• Both parties cooperative

When You Need an Attorney

• Children involved
• Significant assets or debts
• Retirement accounts to divide
• Real estate
• Business ownership
• Spouse has an attorney
• Any disagreement on terms

The Cost Reality

Our recommendation: For $400-$700 more than DIY, flat-fee representation protects your interests and prevents costly mistakes.

---

Our Divorce Filing Services

We handle the entire filing process:

Filing fees ($408-$410) are separate.

---

Frequently Asked Questions

How much does it cost to file for divorce in Florida?

The court filing fee is $408-$410 in most Florida counties. Total costs range from $500-$600 (DIY) to $1,400-$1,700 (flat-fee attorney) to $5,000-$50,000+ (hourly attorney for contested cases).

Can I file for divorce online in Florida?

Yes. Florida courts accept e-filing, and self-represented parties can file through county e-filing portals. You can also use online document preparation services, though these don't provide legal advice or court representation.

How long does it take to get divorced in Florida?

Uncontested divorces take 4-12 weeks. Contested divorces take 6-24+ months depending on complexity and whether the case settles or goes to trial. Florida has no mandatory waiting period.

What if my spouse won't sign the divorce papers?

You don't need your spouse's signature to get divorced. If they won't cooperate, you can still proceed—you'll serve them formally, and if they don't respond within 20 days, you can get a default judgment.