How To File For Divorce In Florida

Ending a marriage is never easy, but understanding the legal process can take a lot of the fear out of it.

Florida calls divorce a “dissolution of marriage,” and the state follows a no-fault system, which means you do not have to prove that your spouse did anything wrong to get divorced. You only need to show that the marriage is irretrievably broken.

This article walks you through exactly how to file for divorce in Florida, from meeting the residency requirement and choosing the right forms to serving your spouse, handling financial disclosures, and getting your final judgment.

Quick Answer:

To file for divorce in Florida, at least one spouse must have lived in the state for six months. File a Petition for Dissolution of Marriage with the circuit court clerk in your county, pay the filing fee of roughly $400, and legally serve your spouse.

Both sides must complete financial disclosures, and there is a mandatory 20-day waiting period before a judge can finalize the divorce.

Step-by-Step Guide

Step 1: Confirm You Meet the Residency Requirement

Before you file anything, make sure at least one spouse has lived in Florida for six continuous months immediately before filing the petition. This is a hard legal requirement, and the court will dismiss your case if you cannot prove it. If you just moved to Florida, you will need to wait until the six-month mark passes before the court has jurisdiction over your divorce.

Step 2: Gather Your Documents and Financial Records

Divorce in Florida requires full financial transparency, so start collecting paperwork early. Pull together recent pay stubs, tax returns from the past three years, bank and retirement account statements, mortgage and loan documents, credit card statements, and any records of property you owned before the marriage. Having this organized up front makes the mandatory financial disclosure far less stressful and helps you negotiate a fair settlement.

Step 3: Choose the Correct Petition

Florida offers two main paths. If you and your spouse agree on everything, have no minor children, neither is pregnant, and you have divided all property, you may qualify for a simplified dissolution of marriage, which both spouses file together at one hearing. Otherwise, you will file a regular dissolution, which begins when one spouse (the petitioner) files a Petition for Dissolution of Marriage. Download the current Florida Supreme Court-approved family law forms for your situation, and double-check that you have the right packet for cases with or without minor children.

Step 4: File the Petition and Pay the Fee

Take your completed petition to the clerk of the circuit court in the county where you or your spouse lives. The clerk will stamp your paperwork, assign a case number, and collect the filing fee, which is typically around $400. If you cannot afford the fee, ask the clerk about applying for indigent status, which can reduce or waive the cost. Keep copies of everything you file, since you will need to send a copy to your spouse and refer back to these documents throughout the case.

Step 5: Serve Your Spouse Properly

Your spouse must be formally notified of the divorce through a process called service. In a simplified dissolution, both spouses go to the clerk together, so no service is needed. In a regular case, a sheriff’s deputy or certified process server delivers the petition and summons to your spouse, who then has 20 days to file a written response. If your spouse agrees, they can accept service or file a waiver, but do not skip this step. Improper service can delay or even derail your case.

Step 6: Complete Financial Disclosure and Required Courses

Within 45 days of service, both spouses must exchange a financial affidavit and supporting documents like tax returns and account statements. This mandatory disclosure applies even in uncontested cases. If you have minor children, both parents must also complete an approved parenting course, usually four hours, before the divorce can be finalized. Do not ignore these deadlines. Judges take them seriously, and missing them can stall your final hearing or result in sanctions.

Step 7: Negotiate a Settlement or Prepare for Trial

Most Florida divorces settle without a trial. You and your spouse can negotiate directly, work with attorneys, or attend court-ordered mediation, where a neutral mediator helps you reach agreement on property division, alimony, child support, and parenting plans. Put any agreement in writing as a marital settlement agreement for the judge to approve. If you cannot agree, the case goes to trial, where the judge decides the unresolved issues. Settlement is almost always faster, cheaper, and less stressful than trial.

Step 8: Attend the Final Hearing

Once all requirements are met and any waiting period has passed, the court schedules a final hearing. In uncontested cases, this hearing is often brief, sometimes just a few minutes, with the judge confirming that everything is in order. The judge signs the Final Judgment of Dissolution of Marriage, and at that moment your divorce is official. Get a certified copy from the clerk for your records.

Tips and Common Mistakes

• Do not hide assets or debts. Florida requires full disclosure, and getting caught hiding money can cost you far more in the settlement than honesty would have.
• File in the right county. Filing where neither spouse lives can get your case dismissed, wasting your fee and your time.
• Meet the 45-day disclosure deadline. Late or incomplete financial affidavits are one of the most common reasons divorces drag on.
• Do not move money around out of spite. Draining joint accounts or racking up debt during the divorce looks terrible to a judge.
• Keep copies of everything. Court filings, served documents, and financial records should all be saved in one organized folder.
• Consider mediation before trial. Mediation resolves most Florida divorces faster and far more cheaply than a courtroom battle.
• Remember the 20-day minimum. Florida law bars finalizing a divorce until at least 20 days after the petition is filed, so plan your timeline accordingly.

FAQs:

Q: How much does it cost to file for divorce in Florida?
The circuit court filing fee is typically around $400, though the exact amount varies slightly by county. On top of that, expect costs for service of process, which usually runs $40 to $75, plus any attorney fees if you hire one. If you cannot afford the filing fee, you can apply for indigent status with the clerk, which may reduce or waive the fee entirely.

Q: How long does a divorce take in Florida?
An uncontested divorce can be finalized in as little as a few weeks after the mandatory 20-day waiting period, provided all paperwork and disclosures are complete. Contested divorces, where spouses disagree on property, support, or custody, often take six months to over a year. Cases that go to trial take the longest, which is why settlement and mediation are encouraged.

Q: Do I need a lawyer to get divorced in Florida?
No, Florida allows you to represent yourself, and many simple, uncontested divorces are handled without attorneys using the court-approved forms. However, if you have significant assets, a business, disputes over children, or a spouse who has hired a lawyer, getting your own attorney is strongly recommended to protect your rights.

Q: What is a simplified dissolution of marriage?
A simplified dissolution is a faster, streamlined option for couples who agree on everything, have no minor or dependent children, are not pregnant, and have already divided their property and debts. Both spouses file the petition together and attend one short hearing. It is the cheapest and quickest path, but the eligibility requirements are strict.

Q: What happens if my spouse does not respond to the petition?
If your spouse is properly served and fails to file a response within 20 days, you can ask the clerk to enter a default, which allows the case to proceed without them. The judge can then grant the divorce and decide the terms based on your filings. Your spouse can still ask the court to set aside the default, but ignoring the case rarely works out in their favor.

Conclusion:

Filing for divorce in Florida follows a clear, predictable path: meet the six-month residency rule, file your petition with the circuit court, serve your spouse, complete your financial disclosures, and work toward either a settlement or a trial.

While the emotions involved are anything but simple, the procedure itself is manageable when you take it one step at a time.

With the right preparation, you can get through the process efficiently and start your next chapter on solid ground.

This article provides general information only and is not legal advice; consult a licensed attorney in your state.