Same-Sex Divorce in Florida: $750 Uncontested Guide (2026)

Same-sex divorce in Florida is governed by the exact same law as any other divorce: Chapter 61 of the Florida Statutes. There is no separate statute, court, or procedure. A licensed Florida attorney can prepare an uncontested same-sex divorce for a $750 flat attorney fee (court costs of about $408-$410 and notary are separate), the same price in all 67 Florida counties.

That said, two issues come up more often in LGBTQ divorce Florida cases than in opposite-sex cases: the legal marriage start date (which can shorten the recognized length of the marriage for alimony and property purposes) and legal parentage when a child was born or adopted before marriage equality or before a second-parent adoption was finalized. This guide explains how an uncontested same-sex divorce works in Florida, when the flat fee applies, and when those two issues can push a case out of uncontested territory.

Is Same-Sex Divorce Legal in Florida?

Yes. Same-sex marriage has been legal in Florida since January 6, 2015, and same-sex divorce has been available ever since. After the U.S. Supreme Court's 2015 decision in Obergefell v. Hodges, Florida courts apply Chapter 61 — the Dissolution of Marriage chapter — identically to every married couple. The federal Respect for Marriage Act (signed December 13, 2022) reinforced recognition of valid same-sex marriages nationwide.

In practical terms, the legal system in Florida draws no distinction between a same-sex marriage and an opposite-sex marriage when it ends. The same grounds, the same residency rule, the same equitable distribution principles, the same time-sharing standards, and the same forms apply. If you were legally married anywhere in the country, you can dissolve that marriage in Florida once you meet the residency requirement.

Because same-sex marriage dissolution Florida cases run on the standard family-law track, the same self-help forms at flcourts.gov apply, and filing happens through the Florida Courts E-Filing Portal at myflcourtaccess.com.

What Makes a Same-Sex Divorce "Uncontested" in Florida?

An uncontested divorce — same-sex or not — means both spouses agree on every issue: division of property, division of debts, time-sharing and parental responsibility (if there are children), child support, and alimony. If you agree on everything, your divorce is uncontested and our $750 flat attorney fee applies. If you disagree on even one of those issues, the case is contested and the flat fee does not apply.

Uncontested does not mean "no lawyer." It means there is no fight to litigate. A licensed Florida attorney still prepares your Petition, your Marital Settlement Agreement, your financial disclosure, and (where children are involved) your Parenting Plan — and makes sure those documents are complete and internally consistent before they reach a judge. Non-lawyer document-typing services cannot give legal advice or catch a substantive error in your agreement; a Florida attorney can.

Florida is a no-fault state under F.S. 61.052. The only ground for divorce is that the marriage is "irretrievably broken." You do not need to prove adultery, abandonment, or cruelty, and you do not need your spouse's permission to end the marriage. That no-fault standard applies to same-sex and opposite-sex marriages alike.

What Are the Filing Requirements for Same-Sex Divorce in Florida?

The requirements are identical to any Florida dissolution:

• Residency: Under F.S. 61.021, at least one spouse must have lived in Florida for at least 6 months immediately before filing. You prove residency with a Florida driver's license, a Florida voter registration, or a sworn corroborating statement from a Florida resident who knows you.
• No-fault grounds: Under F.S. 61.052, the only ground is that the marriage is irretrievably broken.
• No waiting period to file: Florida has no mandatory waiting period before you can file. After the other spouse is served, they have 20 days to respond under the rules of civil procedure.
• Venue: You file the Petition for Dissolution of Marriage in the circuit court of the county where either spouse resides — anywhere in Florida.

A couple married in Massachusetts, California, New York, or any other state can divorce in Florida, because Florida recognizes every valid out-of-state marriage. The 6-month Florida residency rule still has to be met before you can file here. For more on this rule, see our Florida divorce residency requirements guide.

What Are the Two Uncontested Paths in Florida?

Florida offers two procedural tracks for an uncontested dissolution. The right one depends mainly on whether you have minor or dependent children and whether anyone is seeking alimony.

Simplified Dissolution

Simplified dissolution under F.S. 61.052(2) uses Form 12.901(a) (Petition for Simplified Dissolution of Marriage). To qualify, all of the following must be true:

• There are no minor or dependent children of the marriage, and the wife is not pregnant.
• Neither spouse is seeking alimony.
• Both spouses agree on the division of all property and debts.
• Both spouses are willing to appear together at the final hearing.

Simplified dissolution is faster, but it requires you to waive the right to a trial and the right to financial disclosure from the other spouse. For a deeper look at this track, see our simplified dissolution guide.

Regular Uncontested Dissolution

The regular uncontested track is used when there are children, when alimony is involved, or when one spouse cannot appear at a hearing. It uses Form 12.901(b)(1) (Petition for Dissolution of Marriage with Property but No Dependent or Minor Children) or Form 12.901(b)(2) (with dependent or minor children). The agreement is resolved through a written Marital Settlement Agreement and, where children are involved, a Parenting Plan.

Comparison: Simplified vs. Regular Uncontested

Note that our $750 flat attorney fee is the same on either track, statewide.

How Does Equitable Distribution Work in a Same-Sex Divorce?

Florida divides property under equitable distribution, not community property, under F.S. 61.075. The court begins with a presumption of an equal (50/50) split and may adjust based on statutory factors, including each spouse's contribution to the marriage, the economic circumstances of each spouse, the duration of the marriage, and whether one spouse intentionally dissipated marital assets under F.S. 61.075(1)(f).

Marital property includes assets and debts acquired during the marriage, regardless of whose name is on the title. Separate property — assets owned before the marriage, or received during the marriage as a gift or inheritance and kept separate — is generally not divided.

Here is where same-sex divorces can differ in practice. Under F.S. 61.075, the marriage date is the technical trigger for classifying assets as marital. Many same-sex couples were committed partners — and built assets together — for years before marriage became legal in 2015. Florida does not recognize common-law marriage, so property accumulated during a long pre-marriage relationship is generally not automatically marital. If a couple agrees on how to treat those pre-2015 assets, the case can still proceed as uncontested. If they disagree, the case becomes contested and the flat fee no longer applies. Both spouses generally file a Family Law Financial Affidavit within 45 days; see our property division guide for more.

How Does Alimony Work in a Same-Sex Divorce?

Alimony in a same-sex divorce follows F.S. 61.08 exactly as it does for any couple. Effective July 1, 2023, Senate Bill 1416 eliminated permanent alimony in Florida. The remaining forms are:

• Bridge-the-gap alimony: short-term, capped at 2 years, and not modifiable.
• Rehabilitative alimony: tied to a specific plan to gain skills or education, capped at 5 years.
• Durational alimony: tied to marriage length — capped at 50% of the marriage length for short-term marriages (under 10 years), 60% for moderate-term marriages (10-20 years), and 75% for long-term marriages (over 20 years). It cannot be awarded for marriages under 3 years.

This is the second area where the marriage date matters for same-sex couples. F.S. 61.08 measures the length of the marriage from the date of marriage to the date the dissolution action is filed. A couple together for 20 years but legally married only since 2015 may be treated as having a short-term or moderate-term marriage for alimony purposes — which directly limits the duration of any durational alimony award. Spouses are free to waive alimony entirely in their Marital Settlement Agreement, which many uncontested couples do. For more on the 2023 reforms, see our Florida permanent alimony ban explainer.

How Does Time-Sharing Work for Same-Sex Parents?

Florida uses "time-sharing" and "parental responsibility" — not "custody" — under F.S. 61.13. Courts must approve a Parenting Plan that sets out each parent's schedule and how decisions about education, healthcare, and activities are made. Effective July 1, 2023, F.S. 61.13(3) created a presumption that equal time-sharing is in the best interests of the child, though a court can deviate based on the statutory best-interests factors.

For same-sex parents, the most important issue is often legal parentage, not the schedule. When a child was born to or adopted by only one partner — and a second-parent adoption was never finalized — the non-biological, non-adoptive parent may have weaker legal standing in a time-sharing dispute. Where both spouses are legal parents and they agree on a Parenting Plan, the case can move forward as uncontested. Where one parent's legal status is unsettled, the matter is fact-specific and often contested, and it should be reviewed by an attorney before filing. Confirming both parents' legal status first is critical. Our uncontested divorce with children guide walks through the parenting-plan and child-support pieces.

How Much Does a Same-Sex Divorce Cost in Florida?

For an uncontested same-sex divorce, our firm charges a $750 flat attorney fee — the same price in all 67 Florida counties. That covers preparing and reviewing your dissolution documents, your Marital Settlement Agreement, your financial disclosure, and your Parenting Plan if you have children.

Two costs are separate and paid by you:

• Court filing fee: typically about $408-$410, set by each county clerk.
• Notary: a notarized signature is generally needed; see our notary requirements guide.

Cost Comparison

Court filing fees are set by each county clerk and are separate from our flat attorney fee. As of June 2026, verify the current amount with your local clerk. If you cannot afford the filing fee, you may file a Motion to Defer Filing Fees (Form 12.902(a)).

What Documents Does a Same-Sex Uncontested Divorce Require?

The document set is the same as any uncontested Florida divorce:

• Petition for Dissolution of Marriage: Form 12.901(a) for simplified, or 12.901(b)(1)/(b)(2) for regular uncontested.
• Marital Settlement Agreement: the centerpiece of most uncontested cases. The simplified-dissolution form is Form 12.902(f)(3). The MSA must address property, debts, time-sharing, child support, and alimony.
• Family Law Financial Affidavit: Form 12.902(b) (short form) or 12.902(c) (long form), generally due within 45 days. Spouses may agree to waive filing these by filing Form 12.902(k) (Notice of Joint Verified Waiver of Filing Financial Affidavits) under Florida Family Law Rule 12.285.
• Parenting Plan: required where there are minor children, under F.S. 61.13.

All standardized forms are available at flcourts.gov, and filing is done through myflcourtaccess.com. Our uncontested divorce checklist lists the forms and steps in order.

When Is a Same-Sex Divorce Too Complex to Be Uncontested?

A same-sex divorce is a good fit for the flat-fee uncontested process when both spouses genuinely agree on every issue. It may be too complex for the uncontested track — and the flat fee — when:

• The spouses dispute how to treat assets built during a long pre-2015 relationship.
• There is a disagreement about the legal length of the marriage for alimony purposes.
• One spouse is not a legal parent of a child because a second-parent adoption was never completed, and time-sharing is in dispute.
• The spouses cannot agree on property, debt, support, or a Parenting Plan.

None of these means you cannot divorce — it means the case may be contested and needs a different approach. The most reliable way to know is to have a licensed Florida attorney review the specifics before you file.

Frequently Asked Questions

(See the FAQ section below.)

Disclaimer

This article provides general information about Florida divorce law and does not constitute legal advice. Every case is unique. The Law Office of Antonio G. Jimenez can prepare your uncontested divorce for a $750 flat attorney fee (court costs and notary separate); contact our office to confirm whether your case qualifies as uncontested.