How to file for divorce in Florida: a step-by-step guide

Last updated 2026-07-09

What are the basic requirements to get divorced in Florida?

Florida asks two things before it grants a divorce, and both are simple. One spouse must have lived in Florida for at least six months right before filing ^[1]. And the marriage must be "irretrievably broken" (Florida's no-fault standard), or one spouse must have been mentally incapacitated for at least three years ^[2]. That is the whole legal threshold.

You do not prove adultery, abuse, or any other fault. Florida dropped fault grounds decades ago. If your spouse agrees the marriage is over, you clear the bar already.

Residency is the one thing that trips people up. You need to prove those six months, usually with a Florida driver's license, a voter registration card, or an affidavit from someone who knows your residency history. Moved to Florida recently and can't prove six months yet? You wait, or your spouse files instead if they have lived here long enough.

What is the difference between a contested and uncontested Florida divorce?

An uncontested divorce means both spouses agree on everything before a single form gets filed: property division, debt, whether anyone pays alimony, and, if there are kids, timesharing and child support. Contested means you disagree on at least one issue and need a judge to settle it.

The difference hits cost and time hard. A Florida uncontested divorce runs roughly $409 to $500 in filing fees and can wrap in 30 to 90 days. A contested divorce can cost tens of thousands in attorney fees and drag on one to three years ^[3]. Most people reading this want uncontested, so that's where the steps below point.

Domestic violence, hidden assets, or a spouse who won't cooperate change the math. Talk to a divorce attorney before filing. This guide is not legal advice, and some situations genuinely need a professional.

What forms do you need to file for divorce in Florida?

Florida's court system publishes free, official self-help forms at flcourts.gov ^[4]. The packet you need depends on your situation.

No minor children, no significant assets:

• Petition for Dissolution of Marriage with No Dependent or Minor Children and No Property (Form 12.901(b)(1))
• Marital Settlement Agreement for Dissolution of Marriage with No Dependent or Minor Children (Form 12.902(f)(1))
• Notice of Social Security Number (Form 12.902(j))
• Final Judgment of Dissolution (Form 12.990(c)(1))

With minor children:

• Petition for Dissolution of Marriage with Dependent or Minor Child(ren) (Form 12.901(b)(2))
• Parenting Plan (Form 12.995(a) or the Relocation Parenting Plan)
• Child Support Guidelines Worksheet (Form 12.902(e))
• Uniform Child Custody Jurisdiction and Enforcement Act (UCCJEA) Affidavit (Form 12.902(d))
• Marital Settlement Agreement for Dissolution of Marriage with Dependent or Minor Child(ren) (Form 12.902(f)(2))

Every case also needs a Family Law Financial Affidavit if either spouse asks for support or the case divides property. Use the short form (12.902(b)) if your gross annual income is under $50,000; otherwise use the long form (12.902(c)) ^[4].

All of these download free at flcourts.gov. Do not pay a random website $50 for PDFs you can get for nothing. Filling them out correctly is the real hurdle, especially the Financial Affidavit and the Parenting Plan. Pre-filled packets that walk you through the logic (like the one DivorceClear offers for $149) can save hours of back-and-forth with the clerk's office.

For the wider picture on what divorce paperwork involves, see our guide to divorce papers.

How do you actually file divorce papers in Florida?

You file with the circuit court in the county where either spouse lives. Florida has 20 judicial circuits, each covering one or more of the state's 67 counties ^[5]. Find your local clerk of court's website. Most let you file in person, and many accept e-filing through the Florida Courts E-Filing Portal at myflcourtaccess.com.

Here is the process, step by step:

Step 1: Complete your forms. Fill out the petition and every supporting document. Both spouses sign the Marital Settlement Agreement in front of a notary. The Financial Affidavit gets notarized too.

Step 2: Make copies. The clerk keeps the original plus at least one copy. Bring two extra copies for yourself.

Step 3: File and pay the fee. The filing fee for a petition for dissolution of marriage is $409 in most Florida counties ^[6]. Some counties tack on a small surcharge. Can't afford it? Ask the clerk for an Application for Determination of Civil Indigent Status (Form 68). Qualifying filers pay nothing.

Step 4: Get your case number. The clerk stamps your petition and assigns a case number. Put it on everything after that.

Step 5: Serve your spouse. Unless your spouse signs a Waiver of Service (Form 12.913(a)(2)), you have to serve them formally.

How do you serve your spouse in a Florida divorce?

Service is how the court officially tells your spouse a divorce has been filed. You cannot hand them the papers yourself.

For most uncontested divorces, the easy route is a Waiver and Acceptance of Service. Your spouse signs Form 12.913(a)(2) in front of a notary, acknowledging they got the papers. You file that waiver with the court. No sheriff, no process server, no waiting.

If your spouse won't sign a waiver, you have two options. Hire the county sheriff's office to serve them (fees usually run $40 to $50 per attempt) ^[7]. Or hire a private process server certified under Florida law.

Can't find your spouse at all? Florida allows service by publication in a local newspaper after you file an Affidavit of Diligent Search (Form 12.913(b)) and the court signs off. Publication takes at least 28 days and costs extra for the newspaper notice, but it works for a truly missing spouse ^[5].

Once served, your spouse has 20 days to file an Answer if served inside Florida, or 30 days if served out of state ^[2].

What happens after your spouse is served?

In an uncontested case where you already agree on everything, your spouse files an Answer that either agrees with the petition or waives a response. Then you wait for the court to schedule a final hearing.

If your spouse files nothing within the deadline, you can move for a default. File a Motion for Default with the clerk. Once the default is entered, the court moves ahead without your spouse.

Florida also builds in a waiting period. The court cannot finalize a divorce until at least 20 days after the petition is served ^[2]. Some judges and circuits carry longer backlogs, so the real wait is often 30 to 90 days in uncontested cases. Miami-Dade and Broward tend to move slower than smaller counties.

One thing that stalls people: if there are minor children, both parents must finish a Parent Education and Family Stabilization Course before the final hearing. Florida Statute 61.21 requires it. The course typically costs $25 to $50 and runs about four hours ^[8]. Take it early. Don't wait until the week before your hearing.

What happens at the final hearing for an uncontested Florida divorce?

For a simple uncontested divorce, the final hearing is short. Often under 10 minutes. The judge reads your settlement agreement and petition, asks a few questions to confirm residency and that the marriage is irretrievably broken, then signs the Final Judgment.

In some circuits, if both spouses have signed everything and there are no children, the judge grants the divorce on the papers without either spouse appearing. This is sometimes called a default final judgment or a judgment on the pleadings. Ask your county clerk whether an in-person hearing is required, because it varies.

If you do appear, dress respectfully, get there early, bring your original documents (including the signed and notarized settlement agreement), and answer questions directly. Nobody cross-examines you. The judge is confirming the basics.

Once the judge signs the Final Judgment of Dissolution of Marriage, you are legally divorced. Get a certified copy from the clerk, usually about $1 to $2 per page. Keep it forever.

What does it cost to file for divorce in Florida?

Here is an honest breakdown of what you actually spend.

Cost item	Typical amount
Filing fee (petition)	$409 [6]
Sheriff/process server (if needed)	$40 to $100
Parent education course (if children)	$25 to $50
Certified copy of final judgment	$1 to $2 per page
Document preparation service	$0 (DIY) to $149 to $500
Attorney review (optional)	$200 to $500 per hour

For a true DIY uncontested divorce with no children and no property to split, your floor is $409, assuming your spouse waives service and you use the free court forms.

Add children and property and the paperwork gets harder fast. That's where people either hire a divorce attorney (expensive) or use a document preparation service. DivorceClear's $149 packet is built for exactly this: uncontested divorces where you want court-ready forms without paying attorney rates.

Fee waivers are real. If your household income sits at or below 200% of the federal poverty level, you likely qualify to have the filing fee waived ^[6]. The clerk's office hands you the form.

For how divorce costs stack up across the country, see our breakdown of divorce rate in America data.

How does Florida handle property division in a divorce?

Florida is an equitable distribution state, so marital property gets divided fairly, not automatically 50/50 ^[9]. In practice, courts start at an even split and adjust for things like the length of the marriage, each spouse's finances, and contributions to the marriage (homemaking counts).

Marital property covers almost everything acquired during the marriage, no matter whose name is on it: the house, retirement accounts, investment accounts, vehicles, and debt. Separate property (what you owned before the marriage, gifts made only to you, inheritances) generally stays yours if you kept it separate.

In an uncontested divorce, you and your spouse decide the split yourselves in the Marital Settlement Agreement. The court approves almost any agreement that isn't unconscionable. You don't have to fight over a 50/50 formula if you both want something else.

Retirement accounts like 401(k)s and pensions need a Qualified Domestic Relations Order (QDRO) to divide without tax penalties. A QDRO is a separate legal document and usually needs an attorney or a QDRO specialist. Budget $500 to $1,500 if it applies to you.

For a closer look at how Florida treats marital assets and debt, see our guide on laws divorce.

How does Florida handle child custody and support in a divorce?

Florida dropped the word "custody" from its statutes in 2008. The law now says "timesharing" and "parental responsibility" ^[10]. Parental responsibility is who makes the big decisions for the child (education, medical, religion). Timesharing is the actual schedule of when each parent has the child.

Florida starts from the position that both parents should share parental responsibility and have substantial timesharing. Courts approve whatever Parenting Plan both parents agree to, as long as it fits the child's best interests. If you can't agree, a judge decides using the 20 statutory factors in Florida Statute 61.13.

Child support does not bend the same way. Florida uses an Income Shares Model built on both parents' incomes and the number of overnights each parent has ^[10]. You calculate the presumptive amount with the Child Support Guidelines Worksheet (Form 12.902(e)). A court can deviate from that number but has to give a written reason. You cannot agree to waive child support entirely; the court won't sign off.

Both the Parenting Plan and the support numbers get reviewed at the final hearing. Get the guidelines worksheet math right before you walk in, because judges actually check it.

How long does a Florida divorce take?

The floor is 20 days because of the mandatory waiting period after service ^[2]. In real life, no uncontested divorce closes in 20 days, because clerks and judges have scheduling backlogs.

A simple uncontested divorce with no children in a mid-size Florida county usually runs 30 to 90 days from filing to final judgment. Add children and the required parenting course, and 60 to 120 days is more realistic. In big circuits like Miami-Dade, add more time again.

Contested divorces have no reliable timeline. If the case goes to trial, one to three years is common. Mediation (which Florida courts often require before trial) can shorten that, but contested cases stay unpredictable by nature.

The single best thing you can do to speed up an uncontested divorce: file everything complete and correct the first time. Incomplete forms come back. Missing notarizations cause delays. A parent education certificate filed late pushes your hearing date back. Prep once, file right.

Can you file for divorce in Florida without a lawyer?

Yes. Florida courts actively support self-represented (pro se) filers. The Florida Courts Self-Help Center at flcourts.gov provides free forms, instructional videos, and guides for every stage of a divorce ^[4]. Many courthouses also run self-help centers staffed by facilitators who answer procedural questions. They can't give legal advice, but they can tell you if a form is filled out right.

Self-representation works well for uncontested divorces with straightforward finances and no children, or cases with children where both parents have already agreed on a fair Parenting Plan and calculated support correctly.

Going pro se is a bad idea if: your spouse has an attorney and you don't, a business is in play, you suspect hidden assets, there's a pension or defined-benefit plan to divide, or there's any history of domestic violence. In those cases the cost of a divorce lawyer is almost certainly worth it.

Legal aid groups in Florida also help qualifying low-income people for free. Florida Legal Services at floridajustice.org keeps a directory.

What should you do immediately after your divorce is finalized?

Grab at least two certified copies of the Final Judgment from the clerk before you leave the courthouse. Certified copies cost about $1 to $2 per page, and you'll reach for them again and again.

Then work through this checklist:

• Social Security Administration: To restore a former name, the SSA processes the name change first, then you update your driver's license. Do SSA first ^[11].
• Florida DMV: Update your driver's license and vehicle titles.
• Beneficiary designations: Retirement accounts (401k, IRA), life insurance, and annuities do not change automatically at divorce. Update each one by hand. This matters more than people think: an outdated beneficiary form overrides your will.
• Estate documents: Update your will, power of attorney, and health care surrogate designation.
• Real property: If the house went to one spouse, record a new deed with the county property appraiser's office.
• Credit accounts: Close joint accounts or get your name removed. Open new individual accounts.
• Health insurance: If you were on your spouse's employer plan, you have 60 days from the divorce to elect COBRA coverage or enroll in a new plan as a qualifying life event.

None of this happens on its own. The judgment ends the marriage. The cleanup is your job.

Frequently asked questions

How long do you have to live in Florida before you can file for divorce?

One spouse must have been a Florida resident for at least six months right before filing. You prove it with a Florida driver's license, voter registration card, or a sworn affidavit from a third party who knows your residency history. If you just moved to Florida, your spouse can file if they meet the six-month requirement even if you don't.

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

The filing fee is $409 in most Florida counties. Add $40 to $100 for a process server if your spouse won't sign a waiver, $25 to $50 for the required parent education course if you have children, and small fees for certified copies of the final judgment. Low-income filers who qualify for indigent status can have the $409 fee waived by the clerk.

Can I file for divorce in Florida without my spouse's signature?

Yes. Your spouse's signature is only needed on the Marital Settlement Agreement and a few specific forms. If your spouse refuses to take part, you file the petition, serve them formally through the sheriff or a process server, and if they don't respond within 20 to 30 days, you move for a default. The court can then finalize the divorce without their cooperation.

What is Florida's mandatory waiting period for divorce?

Florida law requires at least 20 days to pass from the date the petition is served before a final judgment can be entered. Florida Statute 61.19 sets this. In practice, court scheduling backlogs mean most uncontested divorces take 30 to 90 days total. Judges have no discretion to waive the 20-day period.

Do both spouses have to appear in court for a Florida divorce?

For an uncontested divorce, it depends on the county. Some circuits require at least the filing spouse to appear at a brief final hearing. Others grant a default final judgment on the papers alone if everything is in order and there are no minor children. Ask your county clerk's office, because practice varies across Florida's 20 circuits.

Does Florida require separation before divorce?

No. Florida has no legal separation status and no requirement that spouses live apart before filing. You can file the day you decide the marriage is over, as long as the six-month residency requirement is met. The only mandatory wait is the 20-day period after service before the court can enter a final judgment.

How does Florida divide debt in a divorce?

Florida divides marital debt the same way it divides marital assets: equitably, starting from an equal split. Debt taken on during the marriage for marital purposes is usually shared no matter whose name is on the account. In an uncontested divorce, you and your spouse allocate debt in the Marital Settlement Agreement. The court approves your agreement unless it looks unconscionable.

Can I change my name as part of my Florida divorce?

Yes. You can request a name restoration in your petition, and the Final Judgment will include the change. You can restore any prior legal name, not only a maiden name. After the judgment, take certified copies to the Social Security Administration first, then the Florida DMV. Update your passport, bank accounts, and employer records separately.

What forms do I need to file for divorce in Florida with no children?

The core forms are the Petition for Dissolution of Marriage with No Dependent or Minor Children and No Property (12.901(b)(1)), the Marital Settlement Agreement (12.902(f)(1)), the Notice of Social Security Number (12.902(j)), and the Final Judgment form (12.990(c)(1)). You may also need a Financial Affidavit if property or support is involved. All forms are free at flcourts.gov.

What is an uncontested divorce in Florida and how is it different from a simplified dissolution?

Florida offers a Simplified Dissolution of Marriage for couples with no minor children, no significant assets, and where both spouses agree and appear in person at the final hearing. It is slightly faster but has strict eligibility rules. A regular uncontested divorce covers the same agreement but works for cases with children or property. Most people with any assets should use the regular uncontested process.

How does alimony work in a Florida divorce?

Florida reformed its alimony law in 2023 and eliminated permanent alimony. Courts can now award bridge-the-gap, rehabilitative, or durational alimony based on the length of the marriage and each spouse's finances ^[12]. In an uncontested divorce, you and your spouse can agree to any amount, including zero. The court approves agreements that aren't unconscionable. Alimony is fully negotiable between the parties.

Where do I file divorce papers in Florida?

You file with the circuit court clerk in the county where you or your spouse lives. Florida has 67 counties across 20 judicial circuits. Most county clerk websites list filing addresses, hours, and e-filing options. Many circuits now accept electronic filing through the Florida Courts E-Filing Portal at myflcourtaccess.com, which saves an in-person trip to the courthouse.

What if my spouse and I owned a house together? Do I need a lawyer?

Not necessarily, but a house adds real complexity. You decide in the Marital Settlement Agreement who keeps it, who buys the other out, or whether you sell and split the proceeds. If one spouse keeps it, a new deed gets recorded and the other name comes off the mortgage (usually through a refinance). Getting a real estate attorney or title company to handle the deed transfer is smart, even if you do everything else yourself.

Can I use the same lawyer as my spouse for a Florida divorce?

No. One attorney cannot represent both spouses in a Florida divorce; that's a conflict of interest under Florida Bar rules. One spouse can hire an attorney and the other can self-represent. Or neither uses one. Or each hires their own. If only one spouse has an attorney, the unrepresented spouse should at least pay for one hour of a separate attorney's time to review the settlement agreement before signing.

Sources

1. Florida Legislature, Florida Statute 61.021 (Residence requirement for dissolution of marriage): One spouse must have been a Florida resident for at least six months before filing for divorce
2. Florida Legislature, Florida Statutes 61.052 and 61.19 (Grounds and time of entering judgment): Marriage must be irretrievably broken; 20-day mandatory waiting period after service; 20-day response period for in-state service
3. Forbes Advisor, Average Cost of Divorce (2024): Contested divorce can cost tens of thousands of dollars and take one to three years
4. Florida Courts Self-Help Center, Official Family Law Forms: Florida publishes free official family law self-help forms including all dissolution of marriage forms cited in this article
5. Florida Courts, Circuit Court information and service by publication rules: Florida has 20 judicial circuits; service by publication allowed after diligent search affidavit with 28-day minimum publication period
6. Florida Court Clerks and Comptrollers, Standard Filing Fees: Filing fee for a petition for dissolution of marriage is $409 in most Florida counties; fee waiver available for qualifying low-income filers
7. Florida Association of Professional Process Servers: Sheriff service fees typically run $40 to $50 per attempt in Florida counties
8. Florida Legislature, Florida Statute 61.21 (Parenting course; parenting plan): Both parents must complete a Parent Education and Family Stabilization Course before the final hearing in cases involving minor children; course typically costs $25 to $50
9. Florida Legislature, Florida Statute 61.075 (Equitable distribution of marital assets and liabilities): Florida is an equitable distribution state; courts begin with equal split of marital property and adjust based on statutory factors
10. Florida Legislature, Florida Statutes 61.13 (Parental responsibility and timesharing) and 61.30 (Child support guidelines): Florida uses 'timesharing' and 'parental responsibility' rather than custody; child support uses an Income Shares Model based on both parents' incomes and overnights
11. Social Security Administration, Change your name: Name changes after divorce should be processed through SSA first before updating a state driver's license
12. Florida Legislature, Florida Statute 61.08 (Alimony; 2023 amendment): Florida's 2023 alimony reform eliminated permanent alimony; durational, rehabilitative, and bridge-the-gap alimony remain available