How to File for Divorce in Florida Without a Lawyer (2026 Complete Guide)

Filing for divorce in Florida doesn't require an attorney — and Florida actually has some of the most user-friendly DIY divorce options in the country. With one of the shortest waiting periods of any state and a well-organized form system, a straightforward Florida divorce is very manageable on your own.

This guide walks you through every step of the Florida DIY divorce process in plain English.

Disclaimer: This is general legal information, not legal advice. If your divorce involves significant assets, disagreements about children, or a complex financial picture, consulting a licensed Florida family law attorney is strongly recommended.

Is a DIY Divorce Right for You?

DIY divorce works well when:

• Both spouses agree on all terms (uncontested divorce)
• You have no minor children, or both spouses fully agree on custody, time-sharing, and support
• Your finances are relatively simple
• Neither spouse has hired an attorney

You should seriously consider hiring a lawyer if:

• You and your spouse disagree on any major issue
• Children are involved and time-sharing is disputed
• You own significant property, retirement accounts, or a business
• There is a history of domestic violence
• Your spouse has already hired an attorney

Florida Divorce Requirements

Residency

At least one spouse must have lived in Florida for the last 6 months before filing. Florida has no county-specific residency requirement — just the statewide 6-month rule.

How to prove residency: At your final hearing, you must provide corroborating evidence of residency. Acceptable proof includes:

• Valid Florida driver's license or ID card with issue date at least 6 months before filing
• Florida voter registration card
• Sworn affidavit from a witness (not your spouse) with personal knowledge you've lived in Florida for 6 months

Grounds for Divorce

Florida is a no-fault only state. The only ground for divorce is that the marriage is "irretrievably broken." You don't have to prove wrongdoing, and your spouse cannot prevent the divorce from happening.

The 20-Day Waiting Period

Florida has the shortest mandatory waiting period of any state that has one — just 20 days after filing before the court can enter a final judgment. The waiting period can be waived if both parties include a waiver provision in their marital settlement agreement.

In practice, most uncontested Florida divorces finalize in 4–8 weeks from start to finish when both spouses cooperate.

Florida's Unique Option: Simplified Dissolution of Marriage

Florida offers a special fast-track process called Simplified Dissolution of Marriage — one of the most streamlined divorce paths in the country.

You qualify for Simplified Dissolution if ALL of the following are true:

• No minor or dependent children (including no current pregnancy)
• Neither spouse is seeking alimony
• Both spouses agree on how to divide all property and debts
• Both spouses are willing to attend the final hearing together
• Both spouses have read the required disclosure

Advantages of Simplified Dissolution:

• Fewer forms
• Faster processing
• Both attend a brief final hearing together — no contested proceedings
• Total timeline can be as short as 30–45 days

If you qualify, start with Form 12.901(a) — Petition for Simplified Dissolution of Marriage.

Where to File

File at the Circuit Court, Family Law Division in the county where either spouse lives or where you last lived together as a married couple.

Major Florida counties:

Property Division in Florida

Florida is an equitable distribution state — not community property. Courts divide marital property fairly, which usually means roughly equally but can be adjusted based on circumstances.

Marital property (subject to division):

• Income earned during the marriage
• Property purchased during the marriage
• Retirement contributions made during the marriage
• Debts incurred during the marriage

Non-marital property (generally not divided):

• Assets owned before the marriage
• Inheritances received during the marriage
• Gifts given to one spouse specifically
• Assets excluded by prenuptial agreement

Florida's equitable distribution factors include:

• Length of the marriage
• Each spouse's economic circumstances
• Each spouse's contributions to the marriage (financial and as homemaker/caregiver)
• Interruption of career or education for the marriage
• Any intentional waste or depletion of marital assets
• Whether the marital home should be kept for dependent children

Florida's Unique Terminology: Time-Sharing and Parental Responsibility

Florida uses distinct terminology for custody that you'll see throughout the forms:

Parental Responsibility — Florida's term for decision-making authority (what most states call "legal custody"). Can be shared (both parents) or sole (one parent).

Time-Sharing — Florida's term for the physical schedule — when each parent has the children. Replaces "visitation" entirely in Florida law.

Parenting Plan — A required written document detailing all time-sharing and parental responsibility arrangements. Required in every Florida divorce involving minor children.

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

Step 1 — Confirm Residency and Choose Your Path

Confirm at least one spouse has lived in Florida for 6 months. Then decide:

• Simplified Dissolution (if you qualify — see above)
• Regular uncontested dissolution (if you have children or one of the other simplified criteria isn't met)
• Default dissolution (if spouse won't participate)

Step 2 — Get Your Forms

All Florida Supreme Court-approved Family Law Forms are free at flcourts.org. Find them under "Resources → Family Courts → Family Law Forms."

Core forms (no children):

• Form 12.901(b)(2) — Petition for Dissolution Without Dependent Children
• Form 12.902(b) or 12.902(c) — Financial Affidavit (Short or Long)
• Form 12.932 — Certificate of Compliance with Mandatory Disclosure

Core forms (with children):

• Form 12.901(b)(1) — Petition for Dissolution With Dependent Children
• Form 12.902(b) or 12.902(c) — Financial Affidavit
• Form 12.995(a) or (b) — Parenting Plan
• Form 12.993(a) — Child Support Guidelines Worksheet
• Form 12.932 — Certificate of Compliance with Mandatory Disclosure

Simplified Dissolution:

• Form 12.901(a) — Petition for Simplified Dissolution of Marriage

Step 3 — Fill Out and File Your Petition

Complete your petition and take it to the Clerk of the Circuit Court in the appropriate county. Bring:

• Completed petition (2 copies)
• Photo ID
• Filing fee: approximately $395–$410 (varies slightly by county)

The clerk stamps your documents and assigns a case number.

Fee waiver: Complete Form 12.902(a) (Affidavit of Indigency) if you can't afford the fee.

E-filing: Florida has a statewide e-filing portal at floridacourts.gov/e-filing. Most counties accept e-filing.

Step 4 — Serve Your Spouse

Your spouse must be formally served. You cannot serve your spouse yourself.

Service options:

• Sheriff's office — reliable and commonly used, approximately $40
• Certified process server — licensed private server, approximately $40–$125
• Acceptance of service — your spouse voluntarily signs the acceptance form

Your spouse has 20 days after service to file a response.

If spouse agrees (easiest): Have them sign a Waiver of Service or Acceptance of Service form. This triggers the 20-day waiting period immediately without formal service.

Step 5 — Complete Mandatory Financial Disclosure

This is a significant Florida requirement. Under Florida Family Law Rule 12.285, both parties must exchange mandatory financial documents within 45 days of service.

Required documents:

• Completed Financial Affidavit (Form 12.902(b) or 12.902(c))
• Last 3 years' federal and state tax returns
• Most recent pay stubs (last 3 months)
• Last 12 months of bank statements for all accounts
• Last 12 months of brokerage/investment statements
• Most recent retirement account statements

After exchanging, both parties file Form 12.932 (Certificate of Compliance with Mandatory Disclosure) confirming the exchange.

Note: Both parties can agree to waive some disclosure requirements in an uncontested case — but the financial affidavits are always required.

Step 6 — Wait Out the 20-Day Period

Florida requires 20 days after filing before the court can enter a final judgment. If both parties include a waiver in their marital settlement agreement, this period can be waived.

Use this time to finalize your Marital Settlement Agreement (MSA) covering all property, debt, and any alimony terms.

Step 7 — Complete Your Final Judgment

Once the 20-day period has passed and all issues are resolved, prepare your Final Judgment of Dissolution of Marriage. In an uncontested case, you submit a proposed judgment for the judge's signature.

Your final package typically includes:

• Proposed Final Judgment of Dissolution
• Signed Marital Settlement Agreement
• Financial affidavits from both parties
• Form 12.932 Certificates of Compliance
• Parenting Plan (if children)
• Child Support Guidelines Worksheet (if children)

Step 8 — Attend the Final Hearing

Florida generally requires a brief final hearing even in uncontested cases. The judge will:

• Confirm your identity and Florida residency
• Verify the marriage is irretrievably broken
• Review your agreement
• Sign the Final Judgment

For Simplified Dissolution, both spouses attend the hearing together. For regular dissolution, typically only the petitioner needs to appear.

Step 9 — File the Signed Judgment and Get Certified Copies

After the judge signs, file the Final Judgment with the Clerk. Get certified copies — you'll need them for name changes and property transfers.

How Long Does a Florida Divorce Take?

Florida's 20-day minimum is dramatically shorter than most states. For a smooth uncontested case, you can genuinely be divorced in about a month.

What Does It Cost?

Free Resources

• flcourts.org — All Florida Supreme Court-approved Family Law Forms
• floridabar.org/public — Florida Bar consumer information
• floridalawhelp.org — Free legal aid for qualifying Floridians
• Your county Clerk of the Circuit Court self-help resources

Online Divorce Services for Florida

• Online Divorce — onlinedivorce.com — Available in Florida
• 3StepDivorce — 3stepdivorce.com — Florida-specific forms
• LegalZoom — legalzoom.com
• Hello Divorce — hellodivorceca.com — Check Florida availability

Frequently Asked Questions

Can my spouse prevent the divorce? No. Florida is no-fault — one spouse can obtain a divorce regardless of the other's wishes.

Do I have to prove the marriage is broken? You simply state it is "irretrievably broken." No evidence or proof of wrongdoing is required.

What if my spouse lives in another state? You can still file in Florida as long as you've lived here for 6 months. Serving an out-of-state spouse has additional requirements.

What if I've been separated for years — does that affect anything? Florida does not recognize legal separation. The length of separation doesn't change the divorce process, though it may be relevant to property and support issues.

Last reviewed: March 2026 | Always verify current fees and requirements with your county Clerk of the Circuit Court.