Your Step-by-Step Florida Divorce Checklist

Before You File

1. 1

   Confirm Florida residency

   At least one spouse must have lived in Florida for a minimum of six months before the petition is filed (F.S. §61.021). A Florida driver's license, ID card, or voter registration issued more than six months ago is the most common way to prove this. If your documents are newer, a sworn witness who can confirm your residency can supply the proof instead.

2. 2

   Confirm the divorce is truly uncontested

   An uncontested case means both spouses agree on every issue: how to divide property and debts, alimony (if any), and — if you share minor children — time-sharing, parenting, and child support. Florida is a no-fault state, so the only ground most filers use is that the marriage is irretrievably broken (F.S. §61.052). If you disagree on even one issue, the case is contested and follows a different, longer path.

3. 3

   Choose the correct dissolution procedure

   Florida offers a Simplified Dissolution and a regular (uncontested) dissolution. Simplified Dissolution requires that you have no minor or dependent children, neither spouse seeks alimony, the wife is not pregnant, and both spouses appear together and waive financial disclosure and appeal. Most couples — especially those with children or who want financial disclosure — use the regular uncontested process.

4. 4

   Gather identity, marriage, and financial records

   Collecting your records up front makes the rest of the process far smoother. You will need proof of marriage, identification, and the income, asset, and debt documents that feed your financial affidavit. Having these organized early reduces back-and-forth and prevents delays at filing.

5. 5

   Reach a written settlement agreement

   The core of an uncontested divorce is a Marital Settlement Agreement that divides property and debts under Florida's equitable-distribution framework (F.S. §61.075) and addresses any alimony. If you share minor children, you also need a Parenting Plan describing time-sharing and parental responsibility (F.S. §61.13). Both spouses sign, and signatures on certain forms must be notarized.

6. 6

   Prepare a child support guidelines worksheet (if minor children)

   When minor children are involved, Florida law requires child support calculated under the statutory guidelines in F.S. §61.30, even in an uncontested case. The worksheet uses both parents' net incomes, the time-sharing schedule, and health and childcare costs. You also complete a UCCJEA affidavit identifying where the children have lived.

7. 7

   Complete the family law financial affidavit

   Each spouse generally must complete and sign a sworn financial affidavit unless you qualify for Simplified Dissolution and waive it. Use the short form (12.902(b)) if your gross annual income is under the statutory threshold and the long form (12.902(c)) if it is at or above it. The affidavit is signed under oath before a notary.

Filing Your Divorce

1. 1

   Complete the Petition for Dissolution of Marriage

   The petition is the document that opens the case. Choose the version that matches your situation: with dependent or minor children, with property but no children, or Simplified Dissolution. You will also complete a civil cover sheet and, where applicable, a notice of related cases.

2. 2

   File the petition with the circuit court clerk

   File in the circuit court for the county where either spouse resides, typically through Florida's e-filing portal or in person. The statutory filing fee for a dissolution is roughly $408 to $410 and varies by county, plus an approximately 4% statutory convenience fee on card payments. The clerk assigns a case number that goes on every document afterward.

3. 3

   Serve or have the other spouse acknowledge the petition

   The responding spouse must be formally notified. In an uncontested case the simplest route is for that spouse to sign an Answer and Waiver of Service before a notary, acknowledging the petition and agreeing to proceed. If they will not sign a waiver, you must arrange formal service through the sheriff or a private process server.

4. 4

   Exchange mandatory financial disclosure

   Under Fla. Fam. L. R. P. 12.285, both spouses must exchange financial affidavits and mandatory disclosure documents within 45 days of service of the petition, unless properly waived. Couples using a Marital Settlement Agreement may agree in writing to waive some of the document exchange, but the financial affidavit itself generally cannot be waived outside Simplified Dissolution. File a Certificate of Compliance confirming disclosure was made.

5. 5

   File the settlement agreement and supporting forms

   Submit the signed Marital Settlement Agreement and, if you share minor children, the Parenting Plan and child support worksheet. File any additional required forms such as the Notice of Social Security Number. These documents give the judge the complete, agreed terms to incorporate into the final judgment.

6. 6

   Request and prepare for the final hearing

   Once paperwork is complete, set the case for a brief final hearing and prepare a proposed Final Judgment for the judge to sign. Some counties allow uncontested matters to be finalized on the documents or by short virtual hearing. Bring identification and your original signed documents.

7. 7

   Complete a parenting course if you have minor children

   Parents of minor children must complete a state-approved Parent Education and Family Stabilization Course before the final judgment can be entered (F.S. §61.21). The course is typically four hours and can usually be taken online. File the certificate of completion before your hearing.

After You File

1. 1

   Attend the final hearing and obtain the judgment

   Florida's general rule under F.S. §61.19 is that at least 20 days pass after the petition is filed before a final judgment is entered, though the court may enter judgment sooner for good cause, such as a showing that delay would cause injustice. At the final hearing the judge confirms the marriage is irretrievably broken and that the agreement is fair, then signs the Final Judgment. The signed judgment legally ends the marriage.

2. 2

   Obtain certified copies of the final judgment

   After the judge signs, request certified copies of the Final Judgment from the clerk for a small per-copy fee. You will need them to change your name, update titles, transfer accounts, and prove your divorce to third parties. Keep at least one certified copy in a safe place.

3. 3

   Divide assets and retitle property as ordered

   Carry out the property division set out in your Marital Settlement Agreement and judgment. This can include signing a quitclaim deed for a home, preparing a QDRO to divide a retirement plan, and retitling vehicles and financial accounts. Following through promptly prevents disputes later.

4. 4

   Complete name change, if requested

   If the judgment restores a former name, use a certified copy to update your records. Start with the Social Security Administration, then the Florida DMV, then banks, employers, and passport. Updating in this order avoids mismatches between agencies.

5. 5

   Update beneficiaries, estate, and insurance documents

   A divorce does not automatically update every beneficiary designation, so review life insurance, retirement accounts, and payable-on-death accounts. Update or replace your will, powers of attorney, and healthcare directives. Coordinate any required insurance coverage for children with your parenting plan.

6. 6

   Set up support payments and parenting logistics

   If the judgment orders child or spousal support, an Income Deduction Order may route payments through the State Disbursement Unit, creating a clear payment record. Implement the time-sharing schedule and exchange logistics in your Parenting Plan. Keeping organized records protects both parents.

Documents You'll Need

• Petition for Dissolution of Marriage

  The form that opens the case (Form 12.901(a) for Simplified, (b)(1) with children, or (b)(2) without children) stating the marriage is irretrievably broken and the relief requested.

• Marriage certificate

  Proof of the marriage being dissolved; some counties accept the date and place of marriage stated in the petition without the original certificate.

• Proof of Florida residency

  A Florida driver's license, state ID, or voter registration issued at least six months before filing, or a corroborating witness affidavit (F.S. §61.021).

• Answer and Waiver of Service

  Signed and notarized by the responding spouse to acknowledge the petition and avoid formal service; not needed if formal service through a process server is used.

• Marital Settlement Agreement

  The signed contract dividing property and debts under F.S. §61.075 and addressing alimony; the heart of any uncontested dissolution.

• Family Law Financial Affidavit

  Sworn statement of each spouse's income, expenses, assets, and debts — short form 12.902(b) or long form 12.902(c) depending on income (Fla. Fam. L. R. P. 12.285).

• Parenting Plan

  Required when minor children are involved; sets time-sharing and parental responsibility under F.S. §61.13. Not applicable to childless couples.

• Child Support Guidelines Worksheet

  Form 12.902(e) calculating support under F.S. §61.30; required only when minor children are involved.

• UCCJEA Affidavit

  Form 12.902(d) listing where the minor children have lived for the past five years; required only in cases involving minor children.

• Final Judgment of Dissolution of Marriage

  The proposed order the judge signs to legally end the marriage and incorporate the settlement agreement and parenting plan.

Financial Documents

• Family Law Financial Affidavit

  Each spouse's sworn affidavit of income, expenses, assets, and liabilities — the cornerstone of mandatory disclosure under Fla. Fam. L. R. P. 12.285.

• Federal income tax returns and W-2s/1099s

  Personal (and any business) tax returns, W-2s, and 1099s for the past three years, evidencing income reported on the affidavit.

• Recent pay stubs

  Pay stubs or other evidence of earned income for the past three months to verify current income.

• Bank and financial account statements

  Statements for all checking, savings, money market, and brokerage accounts for the past three months (and the closing period statement).

• Retirement and pension statements

  Most recent statements for 401(k), IRA, pension, deferred compensation, and profit-sharing plans, needed to value and divide retirement assets.

• Real property and mortgage documents

  Deeds, most recent mortgage statements, and any appraisals or valuations for real estate owned by either spouse.

• Loan and credit card statements

  Most recent statements for all credit cards, personal loans, vehicle loans, and other debts to document liabilities for equitable distribution.

• Life and health insurance documentation

  Declarations pages and statements showing coverage, cash value, and beneficiaries for life, health, and disability policies.

• Personal property and vehicle records

  Titles, registrations, and valuations for vehicles, plus a list of significant personal property to support the division of assets.

• Business records (if self-employed or business owner)

  Profit-and-loss statements, business tax returns, and account statements for any business interest, required only when a spouse owns or co-owns a business.

Key Deadlines

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