Divorce papers in Florida: every form, fee, and filing step explained

Last updated 2026-07-10

What divorce papers do you actually need in Florida?

Florida uses one statewide form system for divorce, which makes it one of the easier states to file in on your own. The Florida Supreme Court approved these forms, and the state gives them away. No tracking down county-specific versions. No guessing.

The exact packet depends on whether you have minor children, real estate, or significant assets. Every Florida divorce starts with the same core set, then adds documents from there.

For an uncontested divorce with no minor children and no significant assets (called a "simplified dissolution"), you need ^[1]:

• Florida Family Law Form 12.901(a), Petition for Simplified Dissolution of Marriage
• Form 12.902(b), Family Law Financial Affidavit (short form, if your income is under $50,000)
• Form 12.990(a), Final Judgment of Simplified Dissolution of Marriage

For a regular uncontested divorce with minor children, the core set is ^[2]:

• Form 12.901(b)(1), Petition for Dissolution of Marriage with Dependent or Minor Child(ren)
• Form 12.901(b)(2), Petition for Dissolution of Marriage with Property but No Dependent or Minor Child(ren) (use this one if no kids)
• Form 12.902(b) or (c), Financial Affidavit (short or long form depending on income)
• Form 12.902(f)(1), Marital Settlement Agreement for Dissolution of Marriage with Dependent or Minor Child(ren)
• Form 12.902(f)(2), Marital Settlement Agreement with Property but No Dependent or Minor Child(ren)
• Form 12.970(a), Parenting Plan (required if you have minor children)
• Form 12.990(c)(1) or (c)(2), Final Judgment of Dissolution of Marriage
• UCCJEA Affidavit (Form 12.902(d)), required if you have minor children
• Notice of Social Security Number (Form 12.902(j)), required in all cases
• Civil Cover Sheet (Form 12.928), required at filing

That list looks brutal. It isn't. A divorce with no kids and no real property runs on about five or six documents. A divorce with children and shared assets uses eight to ten.

All of these are free from the Florida Courts Self-Help Center at flcourts.gov ^[1]. Download them as fillable PDFs. Print them, sign them, file them at the courthouse.

Where do you file divorce papers in Florida?

You file in the Circuit Court of the Florida county where you or your spouse has lived for at least six months right before filing ^[3]. That residency rule comes from Florida Statute § 61.021.

Live in Miami-Dade, you go to the Miami-Dade Circuit Court. Broward residents file at the Broward County Courthouse. Orange County uses the courthouse in Orlando. The county matters because each clerk sets its own exact fee structure and runs its own case management system, though the forms themselves are identical statewide.

Most Florida counties now take e-filing through the Florida Courts E-Filing Portal at myflcourtaccess.com ^[4]. E-filing is required for attorneys, and self-represented filers can use it too. For a DIY divorce, e-filing beats standing in a clerk's line. Call your county clerk first, though, because a handful of smaller counties still want initial petitions filed in person for pro se cases.

One spouse has to have lived in Florida for at least six months before filing. You prove it with a Florida driver's license, a Florida ID, or a signed affidavit from someone who knows where you live. Moved here last month? You wait.

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

The filing fee for a dissolution of marriage petition in most Florida counties is $408 ^[5]. That's roughly $350 for the petition plus smaller charges for the summons and administrative items. If the responding spouse files a counterpetition, that's another $408.

Fees move a little by county because Florida lets counties tack on small surcharges. Broward has historically charged a few dollars over the base. Miami-Dade sits close to standard. Check your county clerk's fee schedule before you show up.

Can't afford the fee? Florida has a waiver. File Form 12.902(a), the Application for Determination of Civil Indigent Status, at the same time as your petition. The clerk weighs your income and household size against a threshold. In 2024, the poverty guideline for a single person was $15,060 a year ^[6], and Florida uses poverty-level thresholds for indigency decisions, though the statute leaves the clerk some room to judge.

Other costs to plan for:

• Process server or Sheriff's service: $40 to $100 depending on county, unless your spouse signs a Waiver of Service (Form 12.900(a)), which is normal in uncontested cases
• Certified copies of the final judgment: $1 to $2 per page, and you'll want at least two
• Parenting class: Florida requires both parents to finish a Parent Education and Family Stabilization Course when minor children are involved ^[7]. Courses run about $25 to $35 online
• Notarization: Several Florida divorce forms need a notary. Most banks notarize for free; UPS Stores charge $5 to $15 per signature

Cost item	Typical range
Filing fee (petition)	$408
Counterpetition (if filed)	$408
Process server	$40 to $100
Parenting class (if children)	$25 to $35
Certified final judgment copies	$5 to $20
Notarization	$0 to $30
Total (no kids, cooperative spouse)	~$420 to $460
Total (with kids, all fees)	~$470 to $570

Those are court costs only, assuming you do your own paperwork. Hiring a divorce attorney for a simple uncontested case usually costs $1,500 to $3,500 in Florida, higher in South Florida markets.

What are the residency and legal requirements to file in Florida?

At least one spouse has to have been a Florida resident for six months before filing ^[3]. There's no required separation period. You don't have to live apart for any stretch of time before you can file.

Florida is a no-fault divorce state. The only ground you state in your petition is that the marriage is "irretrievably broken." Florida Statute § 61.052(1)(a) uses that exact phrase ^[3]. You don't allege infidelity, abandonment, or cruelty. You check the box. That's a real practical advantage: no fault means no blame fight, which keeps uncontested cases moving.

The simplified dissolution has stricter conditions. Both spouses must agree on all terms. Both must appear at the final hearing. Neither can be pregnant. There can be no minor or dependent children of the marriage. And both must waive the right to appeal and the right to financial affidavit disclosure ^[2]. That last one is the catch: simplified dissolution only fits when you both genuinely agree on everything and the money picture is clean.

Marriage length doesn't change which forms you file. It matters a lot for alimony, though. Florida overhauled its alimony statute in 2023 (HB 1409, signed July 1, 2023), ending permanent alimony and capping durational alimony by the length of the marriage ^[8]. A short-term marriage (under 7 years) caps durational alimony at 50% of the marriage length. A long-term marriage (over 17 years) caps it at 75%.

How do you fill out Florida divorce papers correctly?

Every Florida form has a companion instruction sheet on the courts website. Read the instructions before you touch the form. That habit alone kills most rejected filings.

A few things that trip people up:

Legal descriptions of real property. If you own a home, the marital settlement agreement needs the full legal description from the deed, not the street address. Pull it from your county property appraiser's records. Every Florida county has a public property appraiser site with the exact legal description.

Notarization timing. The Financial Affidavit and Marital Settlement Agreement need a notary. Sign in front of the notary, never before. Signing at home and getting it stamped later is fraud, even when it feels like nothing.

Children's full legal names and dates of birth. The parenting plan and UCCJEA affidavit want exact legal names as they appear on birth certificates. Middle names included.

Social Security numbers. Florida makes both parties disclose their SSNs on Form 12.902(j). The clerk keeps this one confidential; it never hits the public record.

The proposed Final Judgment. Plenty of self-filers forget they need to submit a proposed final judgment (Form 12.990) along with the petition. The judge signs it at the end. Skip it and your case stalls.

Want a guided fill-in instead of blank PDFs? A document preparation service like DivorceClear ($149 complete packet) walks you through each question and builds the finished forms. That's useful if the instructions read like tax code or you want a second layer of error-checking. The raw forms from flcourts.gov work fine if you're patient.

New to all of this? Our overview of what goes into divorce papers in any state is a good first read.

What happens after you file? The step-by-step Florida divorce process

Filing is the start, not the finish. Here's the sequence after you drop off (or e-file) your papers.

Step 1: Clerk stamps and assigns a case number. Usually same day or next business day. That number follows you through everything.

Step 2: Serve your spouse. Even in an uncontested divorce, Florida requires formal service of process unless your spouse signs a Waiver and Acceptance of Service (Form 12.900(a)) ^[2]. In a cooperative case, they sign the waiver, which costs nothing and skips the process server. The waiver has to be signed before a notary.

Step 3: Response period. After service, the respondent has 20 days to file a response if they want to contest anything ^[2]. In a real uncontested case, they file no response or a simple agreement. The 20 days run either way.

Step 4: Exchange financial disclosure. Both parties trade financial affidavits and, in most cases, mandatory disclosure documents (tax returns, pay stubs, bank statements) within 45 days of service ^[9]. Simplified dissolution waives this. A regular dissolution requires it unless both spouses sign a written waiver of mandatory disclosure.

Step 5: File remaining documents. Marital settlement agreement, parenting plan, proposed final judgment, and any other agreed documents go to the clerk.

Step 6: Final hearing. For a simplified dissolution, both spouses appear. For a regular uncontested dissolution, usually only the petitioner shows up, and many counties set a short hearing (sometimes 5 to 10 minutes). Some counties finish uncontested judgments by mail or administrative review with no hearing at all. Ask your county clerk.

Step 7: Judge signs the final judgment. The divorce is legally done the moment the judge signs Form 12.990. The clerk issues certified copies.

Typical elapsed time for an uncontested Florida divorce: 30 to 90 days from filing when nothing goes sideways. Cases that stall because one person drags on paperwork can stretch to 4 to 6 months. There's no state waiting period beyond the 20-day response window.

Can you get Florida divorce papers as a free PDF?

Yes. Every Florida divorce form is a free fillable PDF from the Florida Courts Self-Help Center at flcourts.gov ^[1]. The state runs this as a public service and updates the forms whenever the rules change.

To find them: go to flcourts.gov, open "Self-Help Resources" or "Family Law Forms," and look for the 12.900-series forms. They're sorted by category (dissolution of marriage, parenting, financial disclosure).

A few practical notes on the PDFs:

Fill them out in Adobe Acrobat Reader or Adobe Acrobat, not in a browser. Browser PDF viewers sometimes fail to save your field data, and you lose the work. Download the file, open it locally, fill it out, save a copy before printing.

Print on plain white 8.5 x 11 paper, one-sided. Florida courts expect standard letter size. Don't shrink the print to save paper.

Heard about "florida divorce papers pdf" versions specific to your county? Mostly a myth. The forms are statewide. What varies is the local cover sheet or administrative addendum some counties add. Check your county clerk's website for local supplements.

For comparison, Illinois runs a completely different form system (theirs live at illinoiscourts.gov). If you're hunting for "divorce papers Illinois PDF," that's a different set of documents. Florida's forms don't cross state lines.

How does Florida handle property, debt, and child support in the divorce papers?

Florida divides marital property under an "equitable distribution" standard, which means fair, not automatically 50/50 ^[10]. In practice, many uncontested couples split evenly because it's cleaner and the court rarely questions a reasonable agreed split. The marital settlement agreement (Form 12.902(f)(1) or (f)(2)) is where you record what each spouse keeps, what each owes, and what happens to the marital home.

For debt, the agreement should name which spouse is responsible for each account. A court can order a spouse to pay a debt, but that order doesn't bind the creditor. If your ex stops paying a joint credit card the divorce assigned to them, the card issuer can still come after you. The real protection is refinancing joint debt into individual accounts before or right after the divorce, not a line in an agreement.

Child support in Florida runs on a statutory formula, the Income Shares Model, set out in Florida Statute § 61.30 ^[11]. The formula uses both parents' gross incomes, the number of overnights each parent has, health insurance costs, and childcare costs. Estimate it with Florida's child support guidelines worksheet (Form 12.902(e)), or run an online child support calculator for a ballpark before you lock in the agreement.

The parenting plan (Form 12.970(a)) sets time-sharing: where the child lives, when, holiday schedules, school decisions, and communication rules. Florida renamed "custody" to "time-sharing" and "parental responsibility" by statute, so you'll see that language across the forms. Both map to what most people still call custody and visitation.

For genuinely complex assets, real estate in more than one state, or a disputed business valuation, having a divorce lawyer review the settlement agreement before filing is money well spent. Self-help works great for clean finances. It gets riskier as complexity climbs.

What if your spouse won't sign the Florida divorce papers?

This is the line where an uncontested divorce turns contested, and the paperwork path changes hard.

If your spouse refuses to sign the marital settlement agreement or the waiver of service, you still have moves. File the petition, serve them through a process server or the Sheriff, and wait out the 20-day response period. If they never respond, you can request a default (Form 12.922(a)) and push toward a default final judgment without them. Defaults are common when a spouse has disappeared or is being deliberately difficult.

If they respond and contest the terms, the case moves onto a contested track: mandatory disclosure, likely mediation, and a trial if mediation fails. Florida courts often require mediation before setting a trial date in family law cases ^[12]. Mediation in Florida usually runs $150 to $300 an hour, split between both parties.

The simplified dissolution path closes the second your spouse stops cooperating. That process needs both spouses to sign everything and both to appear at the final hearing. One uncooperative spouse takes it off the table.

For a wider look at what happens when a case turns contested, our divorce papers overview covers how the two tracks differ.

How long does it take to get divorced in Florida?

Simplified dissolution with no children and full agreement: as fast as 30 days from filing in some counties. The 20-day response window plus time to schedule the final hearing is usually the floor.

Regular uncontested dissolution: 45 to 90 days is realistic in most counties. High-volume courts like Miami-Dade and Broward run longer because the docket is packed.

Contested cases: 12 to 24 months is common. Trials push it further.

Delays in uncontested cases are almost always paperwork problems. A missing signature. A form nobody notarized. A proposed final judgment that doesn't match the settlement agreement. A parenting plan the judge won't sign because it's missing required provisions. Get the paperwork right the first time and the timeline shrinks.

Florida has no mandatory waiting period between filing and final judgment beyond the 20-day response window. Some states force a 60- or 90-day cooling-off period. Florida doesn't. A 30-day divorce is legally possible when the court's calendar allows it.

What free help does Florida offer people filing without a lawyer?

Florida runs one of the better court self-help systems in the country for pro se (self-represented) filers.

The Florida Courts Self-Help Center (flcourts.gov) has all the statewide family law forms, instruction packets, and a step-by-step guide to dissolution of marriage ^[1]. Start here.

Many Florida circuit courts also have a Family Law Self-Help Center at the courthouse. Miami-Dade's Self-Help Program, Broward's Self-Help Center, and Hillsborough's Family Law Center all offer in-person help from court staff (not lawyers) who answer procedural questions, point you to the right form, and check documents for completeness before filing. They can't give legal advice, but they can tell you a form is missing a signature or an attachment.

Florida legal aid organizations give free or low-cost help to people under income thresholds. Bay Area Legal Services, the Legal Aid Society of Palm Beach County, and similar regional groups handle family law matters. The Florida Bar's Lawyer Referral Service (floridabar.org) can connect you with an attorney for a low-cost initial consultation if you want a professional to review your settlement agreement without hiring one for the whole case ^[13].

The Florida Bar's "Consumer Pamphlet: Dissolution of Marriage" is a plain-English overview published by the Bar itself, available at floridabar.org ^[13].

If you'd rather have a packaged document service, DivorceClear's $149 uncontested packet builds state-specific completed forms with guided questions. It's a real middle ground between blank PDFs and a full-price lawyer.

*Nothing here is legal advice. For advice on your specific situation, talk to a licensed Florida family law attorney.*

Frequently asked questions

What is the filing fee for divorce papers in Florida?

The standard filing fee for a dissolution of marriage petition in Florida is $408 in most counties. Some counties add a small surcharge. If your spouse files a counterpetition, they pay a separate $408. Can't afford the fee? File Form 12.902(a) to request a waiver based on income. Check your county clerk's website for the exact current amount before filing.

Can I file for divorce in Florida without a lawyer?

Yes. Florida allows self-represented (pro se) filing in family law cases, and the state provides all required forms free at flcourts.gov. Uncontested divorces with straightforward finances and clear agreements fit self-filing well. Cases with significant assets, custody disputes, or an uncooperative spouse carry more risk on your own, and a consultation with a Florida family law attorney is worth considering.

How do I get Florida divorce papers for free?

Download them free from the Florida Courts Self-Help Center at flcourts.gov. Open Family Law Forms and look for the 12.900-series forms. These are fillable PDFs approved by the Florida Supreme Court. Open them in Adobe Acrobat Reader, not a browser, so you don't lose your data. Every statewide divorce form is there at no cost.

Does Florida require a separation period before filing for divorce?

No. Florida has no mandatory separation period. You can file the day you decide to divorce. The only built-in wait is the 20-day window after your spouse is served, during which they can respond. Florida is a no-fault state, so you simply state the marriage is irretrievably broken, the only ground required under Florida Statute § 61.052.

What is a simplified dissolution of marriage in Florida and who qualifies?

Florida's simplified dissolution (Form 12.901(a)) is a faster process for couples who fully agree on all terms, have no minor or dependent children, have no significant disputed assets, aren't pregnant, both waive financial disclosure, and both appear at the final hearing. Miss any one of those and you use the standard dissolution forms instead. The simplified path is genuinely faster when it's available.

How long does an uncontested divorce take in Florida?

Most uncontested divorces in Florida finalize in 30 to 90 days from filing. The 20-day response window after service is the minimum built-in delay. After that, timing depends on how fast both parties return paperwork and how backed up the court's calendar is. Miami-Dade and Broward courts often run slower than smaller counties because of higher case volume.

Do both spouses have to sign Florida divorce papers?

For an uncontested divorce, both spouses sign the Marital Settlement Agreement and other agreed documents. The petitioner signs the petition. The respondent either signs a Waiver of Service or gets formally served. If the respondent refuses to sign anything, the petitioner can still proceed: serve them formally, wait out the 20-day window, and request a default if there's no response.

What is the residency requirement for divorce in Florida?

At least one spouse must have lived in Florida continuously for six months right before filing, under Florida Statute § 61.021. You prove residency with a Florida driver's license, Florida ID, or a signed affidavit. There's no requirement that both spouses live in Florida; one resident spouse is enough. If you haven't hit six months yet, you wait.

Are Florida divorce records public?

Generally yes. Florida court records, including divorce filings, are public under Florida Statute § 119.01. Some documents in the file are confidential: Social Security numbers (filed on Form 12.902(j)) are sealed from public access. Financial affidavits are accessible, but courts can restrict access in some situations. The final judgment itself is a public record.

Do I need a parenting plan to file for divorce in Florida if I have kids?

Yes. Florida requires a Parenting Plan (Form 12.970(a)) in every dissolution case with minor or dependent children. The plan has to cover time-sharing schedules, holiday rotations, how school decisions get made, and how parents communicate about the child. A judge won't approve a final judgment in a case with children without an approved parenting plan attached.

What happens to the marital home in a Florida divorce?

Florida distributes marital property under equitable distribution, meaning fairly but not always 50/50. Most uncontested couples handle the home in their Marital Settlement Agreement by selling it and splitting proceeds, one spouse buying the other out, or one spouse keeping it in exchange for offsetting other assets. The agreement has to include the property's full legal description as it appears on the deed.

How is child support calculated in Florida divorce papers?

Florida uses the Income Shares Model under Florida Statute § 61.30. The formula combines both parents' gross monthly incomes, adjusts for how many overnights each parent has, then factors in health insurance and childcare costs. The result is presumptively correct but can be adjusted for special circumstances. You fill this out on Form 12.902(e), the child support guidelines worksheet, included in the divorce packet.

Can Florida divorce papers be filed online?

Yes. The Florida Courts E-Filing Portal (myflcourtaccess.com) accepts electronic filing for family law cases including dissolution of marriage. Self-represented filers can use the portal, though some smaller counties still prefer in-person filing for initial petitions. Call your county clerk before e-filing to confirm they accept pro se electronic filing for your case type. E-filing skips the courthouse trip and creates an instant timestamp.

What is the difference between Form 12.901(b)(1) and 12.901(b)(2) in Florida?

Form 12.901(b)(1) is the Petition for Dissolution of Marriage with Dependent or Minor Child(ren), used when you have kids. Form 12.901(b)(2) is the Petition for Dissolution of Marriage with Property but No Dependent or Minor Child(ren), used when there are no children but there is property or debt to divide. Pick the one that matches your situation. The wrong form gets the filing rejected or flagged by the judge.

Sources

1. Florida Courts Self-Help Center, Family Law Forms: All Florida Supreme Court approved family law forms including Form 12.901(a), (b)(1), and (b)(2) are available free as fillable PDFs
2. Florida Courts, Simplified Dissolution of Marriage Instructions (Form 12.900): Simplified dissolution requires both parties to appear at hearing, no minor children, no pregnancy, and waiver of financial disclosure; respondent has 20 days to respond after service
3. Florida Statutes § 61.021 and § 61.052, Dissolution of Marriage: One spouse must have been a Florida resident for 6 months before filing; the only required ground is that the marriage is irretrievably broken
4. Florida Courts E-Filing Portal, myflcourtaccess.com: Florida's statewide e-filing portal accepts electronic filing for family law cases including dissolution of marriage by self-represented filers
5. Florida Clerk of Courts, Standard Filing Fees for Family Law: Standard dissolution of marriage petition filing fee is approximately $408 in most Florida counties
6. U.S. Department of Health and Human Services, 2024 Federal Poverty Guidelines: 2024 federal poverty guideline for a single person is $15,060; Florida uses poverty-level thresholds for civil indigency determinations
7. Florida Statute § 61.21, Parent Education and Family Stabilization Course: Florida requires both parents to complete a Parent Education and Family Stabilization Course in any dissolution case involving minor children
8. Florida HB 1409 (2023), Alimony Reform, signed July 1 2023: Florida's 2023 alimony reform eliminated permanent alimony and capped durational alimony at 50% of marriage length for short-term marriages and 75% for long-term marriages
9. Florida Family Law Rules of Procedure, Rule 12.285, Mandatory Disclosure: In a regular dissolution, parties must exchange financial affidavits and mandatory disclosure documents within 45 days of service
10. Florida Statute § 61.075, Equitable Distribution of Marital Assets and Liabilities: Florida divides marital property under an equitable distribution standard, which means fair but not necessarily equal
11. Florida Statute § 61.30, Child Support Guidelines: Florida calculates child support using the Income Shares Model combining both parents' gross incomes, overnights, health insurance, and childcare costs
12. Florida Courts, Mediation and Alternative Dispute Resolution: Florida circuit courts frequently require mediation before setting a trial date in contested family law cases
13. The Florida Bar, Consumer Pamphlet: Dissolution of Marriage: The Florida Bar publishes a plain-English consumer guide to dissolution of marriage and operates a Lawyer Referral Service for low-cost initial consultations