How to File for Divorce in Florida: Step-by-Step

To file for divorce in Florida, you generally must establish that either spouse has lived in the state for at least six months, complete the appropriate dissolution-of-marriage forms, and file them with the circuit court in the proper county. Unless you qualify for simplified dissolution or your spouse properly accepts service, you must arrange formal service of the papers. The court can finalize the divorce after required disclosures, any parenting requirements, and unresolved issues are addressed.

1. Do you qualify to file for divorce in Florida?

Florida calls divorce dissolution of marriage. Under Florida Statutes section 61.021, at least one spouse must have resided in Florida for six months before the petition is filed. Both spouses do not need to live there.

Establish residency and grounds

Common residency evidence includes a valid Florida driver's license, state identification card, or voter registration card issued at least six months before filing. A corroborating witness's testimony or affidavit may also establish residency. Ask the local self-help office what evidence your court accepts.

Florida is a no-fault divorce state. Most petitions state that the marriage is “irretrievably broken,” meaning it cannot be repaired. You do not need to prove adultery or other misconduct to request a divorce.

Confirm the correct county and court authority

Divorce cases belong in circuit court, but choosing the county is a separate question from meeting state residency. Venue commonly depends on where the spouses last lived together with a shared intent to remain married, or where the respondent resides, subject to legal exceptions.

If your spouse or children live elsewhere, get advice before filing. Authority to end the marriage does not automatically establish authority to decide every custody, support, or property issue. Divorce laws vary by state; a local Florida divorce attorney can evaluate these complications.

2. Should you use simplified or regular dissolution?

Florida offers simplified dissolution for certain couples who agree on everything. Other couples use regular dissolution, which can still be uncontested.

Question	Simplified dissolution	Regular dissolution
Must both spouses cooperate?	Yes	No; one spouse can start the case
Can you have minor or dependent children together?	No	Yes
Can either spouse request alimony?	No	Yes, subject to eligibility
Must property and debt issues be settled?	Yes	No; the court can resolve disputes
Is formal service normally needed?	Generally no; both spouses jointly petition	Generally yes, unless properly waived
Are trial and appeal rights waived?	Yes	Not automatically

Simplified dissolution generally requires that neither spouse is pregnant, that you have no minor or dependent children together, and that you agree how to divide assets and debts. Both spouses must meet the remaining form requirements and generally participate in the final hearing.

Simplified does not mean risk-free. Review the financial agreement before signing away rights. Regular uncontested dissolution may be preferable when you want formal disclosures or do not meet simplified eligibility requirements.

If there is intimidation, hidden financial information, or pressure to sign, seek independent legal advice rather than choosing the shortest paperwork package.

3. Which Florida divorce forms do you need?

Start with the Florida Courts family law forms and your county clerk's divorce instructions. Use current forms, not an old packet from an unofficial website.

Choose the correct petition

Common statewide petitions include:

• Form 12.901(a): Petition for Simplified Dissolution of Marriage.
• Form 12.901(b)(1): Petition for Dissolution of Marriage with Dependent or Minor Children.
• Form 12.901(b)(2): Petition for Dissolution of Marriage with Property but No Dependent or Minor Children.
• Form 12.901(b)(3): Petition for Dissolution of Marriage with No Dependent or Minor Children or Property, for qualifying cases that also do not seek alimony.

Read each form's instructions. The petition should identify the relief you want, including alimony, property division, or restoration of a former name where applicable. Leaving out a request can create problems later.

Gather supporting paperwork

Depending on your case, you may also need:

• A family court cover sheet and notice of related cases.
• A summons for service on your spouse.
• A notice of Social Security number, handled under applicable confidentiality rules.
• A financial affidavit and certificate of compliance with mandatory disclosure.
• A marital settlement agreement, if you have reached one.
• For parents, a Uniform Child Custody Jurisdiction and Enforcement Act affidavit, parenting plan, and child support guidelines worksheet.

Some documents accompany the petition; others come later. Financial affidavits have short and long versions based on individual gross annual income. Follow the current instructions for signatures, notarization, and privacy protections.

4. Where do you file, and what does it cost?

File with the clerk of the circuit court in the proper county. Self-represented filers can generally submit documents through the Florida Courts E-Filing Portal, while paper-filing options and local procedures should be confirmed with the clerk.

A practical filing sequence is:

1. Check the county's required forms and local instructions.
2. Complete and sign the documents as directed.
3. Submit the opening paperwork and pay the filing fee, or apply for indigent status.
4. Save file-stamped copies and your case number.
5. Obtain an issued summons if formal service is required.

Electronic submission is not necessarily immediate acceptance. Watch for rejection notices or requests to correct documents, and confirm that your filing was accepted.

Budget for more than the filing fee

The clerk's current fee schedule is the best source for your filing cost. Additional expenses can include summons issuance, service of process, certified copies, parenting education, mediation, and attorney fees.

If you cannot afford court fees, ask about an Application for Determination of Civil Indigent Status. Approval can relieve certain costs, but it does not automatically make every expense free or provide an attorney.

Court clerks and self-help staff can explain filing procedures. They generally cannot tell you what settlement to accept or which legal claims to make.

5. How do you serve your spouse and handle the response?

In a regular dissolution, your spouse generally must receive the summons and petition through legally valid service. A sheriff or authorized process server commonly handles this step. You cannot simply deliver the papers yourself and assume service is complete.

Your spouse may be able to sign an appropriate acceptance or waiver of service. Use the proper procedure: agreement to divorce, a text message, or receipt of emailed papers is not automatically a valid waiver.

Uploading papers to the e-filing portal does not replace initial service. Later electronic service follows different rules.

Track the response deadline

A spouse served in Florida generally has 20 days after service to respond. Deadline-computation rules matter, so confirm the actual due date rather than guessing.

The respondent may file an answer and, if seeking their own relief, a counterpetition. If you receive a counterpetition, you may have a separate response deadline.

If your spouse does not respond, you can ask about the default process. Default does not automatically grant everything requested or eliminate the need for evidence and a final judgment. Special protections apply when a spouse is in military service.

If your spouse cannot be located, substituted or constructive service may be possible after legally sufficient efforts to find them. Those methods can limit the relief the court may award. Get legal advice before using them.

6. What financial and parenting requirements come next?

Exchange required financial information

Regular dissolution cases generally require financial disclosure under Florida Family Law Rule of Procedure 12.285. Required disclosures are generally due within 45 days after service of the initial pleading on the respondent, subject to applicable exceptions and court orders.

Typical records include tax returns, income documentation, bank statements, retirement information, and debt records. A financial affidavit summarizes income, expenses, assets, and liabilities.

Exchanging financial records is different from filing them publicly. Do not upload every bank statement or tax return into the court docket. Follow the rules about what must be exchanged, what must be filed, and what must be kept confidential.

Some disclosure requirements have exceptions or permitted waivers. Do not assume an agreement eliminates every requirement; financial-affidavit rules need particular attention.

Complete requirements involving children

Parents with minor children generally must complete an approved Parent Education and Family Stabilization Course unless excused by the court. Check the applicable completion deadline early.

You will also need to address:

• Parental responsibility and decision-making.
• A time-sharing schedule, including holidays and exchanges.
• Child support under Florida's guidelines.
• Health insurance, uncovered medical costs, and relevant childcare expenses.

A parenting agreement remains subject to court review. Parents cannot simply waive a child's right to support by mutual agreement.

If domestic violence or coercive control is involved, ask about confidential-address protections, safe exchanges, and appropriate alternatives to ordinary mediation procedures. Do not put a protected address in public paperwork without guidance.

7. How do you finish the divorce, and how long does it take?

Filing opens the case; it does not end the marriage. You remain married until the judge enters a final judgment dissolving it.

If you agree on all issues

Prepare a written marital settlement agreement and, if applicable, a parenting plan and support documents. Confirm that both spouses have completed the required disclosures and other prerequisites.

Then follow the circuit's instructions for requesting a final hearing or other available finalization procedure. A hearing is common, and simplified dissolution generally requires both spouses to participate. Remote appearance rules vary by court.

Bring or submit the requested residency evidence, agreements, course certificates, and proposed final judgment. The judge may ask questions about residency, the marriage's breakdown, and the agreement.

If issues remain disputed

The court may require mediation before trial, subject to exceptions and safety considerations. You may also need discovery, hearings, or temporary relief for support and parenting arrangements while the case is pending.

If settlement is not possible, the judge decides contested issues after the required proceedings. Do not assume a hearing will be scheduled automatically; review notices and local case-management instructions.

Understand the minimum waiting period

Under Florida Statutes section 61.19, a final judgment generally cannot be entered until at least 20 days after filing, although the court can make an exception to prevent injustice.

That is a statutory minimum, not a promised completion date. Service, disclosures, court availability, and disputes usually determine the actual timeline. Many cases take months; complex contested cases can take substantially longer.

After judgment, obtain copies and calendar every implementation deadline. A divorce judgment may require separate steps to transfer property, divide retirement benefits, or update accounts.

Key takeaways

• At least one spouse generally must have lived in Florida for six months before filing.
• Choose simplified or regular dissolution based on eligibility—not just convenience.
• File current forms in the proper circuit court and arrange valid service when required.
• Track response, disclosure, and parenting-course deadlines separately.
• Florida's 20-day minimum waiting period does not predict your completion date.
• Consult a local divorce attorney if jurisdiction, safety, support, or significant assets are involved. Divorcesify provides general information, not legal representation.