How to File for Divorce in Florida

Filing for divorce in Florida is more procedural than most people expect. The decisions you make before you file, which type of dissolution to use, where to file, what to gather, can shape how the rest of the case goes. This guide walks through the actual sequence: what you need to know before you start, the papers you have to file, the filing fee, the timeline, and the points where most filers stall or need legal help.

Most of this is publicly accessible information, and Florida lets you file for divorce without an attorney. Whether that’s the right move depends on your situation, and we’ll flag the moments where it usually isn’t.

Before You File: The Five Things You Need to Know

Florida is a no-fault divorce state. You do not need to prove your spouse did anything wrong. You only need to state that the marriage is irretrievably broken, the standard set in Florida Statute § 61.052. If both spouses agree the marriage is over, the court will grant the dissolution. (For more on what counts as a legal ground, see our deeper read on the legal grounds for divorce in Florida.)

Five things determine whether and how you can file.

1. Florida residency. Either you or your spouse must have lived in Florida for at least six months before filing. This is set by Florida Statute § 61.021. You will need to prove it, typically through a Florida driver’s license, voter registration, or an affidavit from a third party. If neither spouse meets the residency requirement, the case cannot be filed in Florida yet.

2. Where to file. You file in the circuit court of the county where you or your spouse lives. For South Florida residents, that usually means Palm Beach County (filed at the 15th Judicial Circuit) or Broward County (filed at the 17th Judicial Circuit). If you live in different counties, you typically have a choice.

3. The type of dissolution. Florida offers two main paths: a simplified dissolution and a regular dissolution. The simplified path is much faster and cheaper, but the eligibility rules are strict, and most divorces do not qualify. More on this below.

4. Whether it will be contested or uncontested. An uncontested divorce is one where both spouses agree on every issue, including division of property and debts, parenting plans and time-sharing if you have children, child support, and alimony. A contested divorce is everything else, even if you only disagree on one issue. The path through the system is different for each.

5. What you’ll need to gather. Before walking into the clerk’s office, gather your marriage certificate, recent tax returns (typically the last three years), recent pay stubs, bank and retirement account statements, a list of marital and separate property, mortgage documents, and information about any debts. Florida requires both spouses to disclose financial information, and the case moves faster if you have the documents ready. Our guide on how to prepare for a divorce walks through this in more detail.

Step 1: Decide Which Type of Dissolution to File

Florida has two procedural paths for ending a marriage. Choosing the right one at the start matters. For a side-by-side look at how each path works, see our overview of your options for getting a divorce in Florida.

Simplified Dissolution of Marriage

A simplified dissolution is the fastest and cheapest option, but the eligibility rules are narrow. You can file for a simplified dissolution only if all of the following are true:

• Both spouses agree the marriage cannot be saved
• You have no minor or dependent children together, and the wife is not pregnant
• Neither spouse is seeking alimony
• You have agreed on the division of all property and debts
• Both spouses are willing to sign the petition and appear at the final hearing

If you qualify and both of you are willing to participate, the simplified dissolution can be finalized in roughly 30 days. Both spouses must go to the clerk’s office to file the paperwork (though not necessarily at the same time), and both must appear at the final hearing. There is no service of process and no formal financial disclosure, because both spouses are already cooperating.

The Florida Supreme Court’s Petition for Simplified Dissolution of Marriage form (12.901(a)) is the document you file.

Regular Dissolution of Marriage

If you do not qualify for a simplified dissolution, you file a regular dissolution. This covers all divorces involving children, alimony, contested property division, or any situation where one spouse will not cooperate. The process is more involved, and the timeline is longer.

A regular dissolution can still be uncontested (both spouses agree on everything) or contested. Even uncontested cases require service of process, financial disclosure, and either a parenting plan agreement (if you have children) or a final mediation. The procedural floor is higher than for a simplified case, but the process is still manageable, especially in uncontested cases.

Step 2: Prepare and File the Petition

The document that starts the case is the Petition for Dissolution of Marriage. Florida has Supreme Court-approved versions for different situations, all available through the Florida Courts Family Law Forms hub:

• 12.901(a) for a simplified dissolution
• 12.901(b)(1) for a dissolution with dependent or minor children
• 12.901(b)(2) for a dissolution with property but no children
• 12.901(b)(3) for a dissolution with no children and no property

You complete the petition that fits your situation, sign it (in front of a notary where required), and file it with the clerk of the circuit court in the right county. You will also need to file a Civil Cover Sheet and, in most cases, a Notice of Social Security Number.

The Florida Divorce Filing Fee

The filing fee for a Petition for Dissolution of Marriage in Florida is currently around $409 in Palm Beach County and Broward County, plus $10 for issuance of summons. Fees are set under Florida Statute § 28.241 and apply in all 67 Florida counties, though some smaller counties show slightly different totals. Verify the exact amount with your local clerk before filing, since fees change.

If you cannot afford the filing fee, you can apply for indigent status using the Application for Determination of Civil Indigent Status. Approval waives the filing fee, the summons fee, and most court costs. The filing fee is only the entry cost; for a fuller picture of what a Florida divorce actually costs end to end, see our breakdown of how much a divorce costs.

Most Divorces Are Filed Electronically

Florida operates an electronic filing portal at myflcourtaccess.com, and most petitions are filed through it rather than in person. Self-represented filers can also walk into the clerk’s office and file paper documents. The clerk will date-stamp the filing and assign a case number, which is when the case officially opens.

Step 3: Serve Your Spouse

Once the petition is filed, you have to formally notify your spouse that the case has started. This is called service of process, and Florida law requires it to be done by a sheriff, certified process server, or court-approved method. You cannot just hand your spouse a copy yourself or mail it to them.

Your spouse has 20 days from the date of service to file a written response. What happens next depends on how they respond.

• If your spouse files an answer agreeing with the petition, the case proceeds as uncontested.
• If your spouse files an answer disputing something, the case proceeds as contested.
• If your spouse files an answer with a counter-petition asking for something different, you typically have 20 days to respond to the counter-petition.
• If your spouse does not respond at all, you can move for a default judgment after the 20-day window closes.

If you do not know where your spouse lives, you may be able to use constructive service through publication, but it limits what the court can decide and is genuinely complex. If your spouse lives outside the United States, service has its own set of rules and timelines; our post on how to serve divorce papers overseas covers what to expect. Speak with a family law attorney before going either route.

Step 4: Financial Disclosure and Mandatory Disclosure

In every regular dissolution case, except certain default and simplified situations, both spouses must complete mandatory financial disclosure within 45 days of service. This includes:

• A Family Law Financial Affidavit (Form 12.902(b) if your individual gross income is under $50,000, Form 12.902(c) if it’s $50,000 or more)
• The last three years of personal tax returns
• Pay stubs covering the last three months
• Bank, brokerage, and retirement account statements
• Mortgage and loan documents
• A statement of monthly expenses

Mandatory disclosure is not optional, and the case will not move forward without it. The court can sanction a spouse who fails to comply.

Step 5: Parenting Plan, Mediation, and Settlement

If you have minor children, you and your spouse will need to either agree on a parenting plan and time-sharing schedule or have the court decide. Florida courts generally require parents to complete a state-approved Parent Education and Family Stabilization Course, and most contested cases go to mediation before they go to trial.

Mediation is required in most Florida family law cases. A neutral mediator works with both spouses (and their lawyers, if represented) to try to reach agreement on the contested issues. Most divorces settle at mediation, even ones that felt impossible at the start of the case. A signed mediation agreement, once approved by the court, becomes part of the final judgment.

Step 6: Final Judgment

Once all issues are resolved, either by settlement or by trial, the court enters a Final Judgment of Dissolution of Marriage. This is the document that legally ends the marriage and sets out the terms of the divorce, including the parenting plan, child support, alimony, and property division. It is enforceable in court if either party fails to comply with it later.

The Florida Divorce Timeline: What to Realistically Expect

The timeline depends almost entirely on whether your case is contested.

Simplified dissolution: roughly 30 days from filing to final judgment, if both spouses cooperate and everything is in order.

Uncontested regular dissolution: typically 60 to 90 days from filing to final judgment. The 20-day response window plus mandatory disclosure plus any required courses set a minimum floor of about two months even in the smoothest cases.

Contested dissolution with no major disputes: typically 6 to 9 months, depending on how quickly the parties can complete discovery, attend mediation, and reach agreement.

Contested dissolution with major disputes: often a year or longer, especially if there are contested custody issues, complex assets, or a trial. The court schedule in Palm Beach and Broward counties is a real factor; trial dates can be set several months out.

Can You File for Divorce in Florida Without an Attorney?

Yes. Florida allows pro se filing, and the Florida Courts Self-Help Center provides free forms and instructions. For a simplified dissolution where both spouses agree and there are no children, no property issues, and no alimony, filing without an attorney is reasonable.

The situations where filing without an attorney usually does not serve the filer well are: any case with minor children, any case with significant assets or debts, any case where alimony will be contested, any case where the other spouse is uncooperative, and any case where domestic violence or safety concerns are present. The cost of fixing a poorly drafted settlement or judgment after the fact is typically much higher than the cost of legal representation during the case.

If you are not sure which category your case falls into, the confidential consultation is the right place to talk it through.

Frequently Asked Questions

When to Talk to a Florida Family Law Attorney

The situations where legal help most clearly pays for itself are cases with children, contested property division, alimony disputes, business or retirement assets, an uncooperative spouse, or any concern about safety. In any of these, a board certified family law attorney in Boca Raton can help you understand your options and protect what matters before you file.

At Lewert Law, we handle Florida divorce cases regularly, including contested and high-asset matters. Tina L. Lewert is Board Certified in Marital and Family Law by The Florida Bar, the credential held by only a small percentage of Florida family lawyers. The firm handles divorce, child custody disputes,child support, and related family law matters throughout South Florida.

If you are thinking about filing for divorce in Florida and would like to discuss your situation, the confidential consultation is the right place to start. Contact Lewert Law, LLC at (561) 544-6861 or reach out through our contact page.