Am I Eligible for a DIY Divorce in Florida? (2026)
Florida offers some of the most DIY-friendly divorce options in the country. Work through these questions to find out which path is right for you.
Section 1 — Basic Eligibility
1. Does at least one of you meet Florida's residency requirement? 6 months in Florida.
- ✅ Yes — continue
- ❌ No — wait until you qualify
2. Can you prove residency at a final hearing? Florida driver's license, voter registration, or a corroborating witness.
- ✅ Yes — continue
- ⚠️ No — gather proof before filing
Section 2 — Which Path Fits You?
3. Do you qualify for Simplified Dissolution? No children + no alimony + full agreement + both attend hearing together.
- ✅ Yes — Simplified Dissolution is your fastest path (30–45 days)
- ❌ No — use regular dissolution process
4. Do you and your spouse agree on all terms?
- ✅ Yes — strong candidate for DIY
- ⚠️ Not yet, but communicating well — still possible, resolve before filing
- ❌ Can't agree on major issues — consider mediation (Florida courts require it for contested custody anyway)
- ❌ Spouse won't participate — default divorce path
Section 3 — Complexity Factors
5. Do you own a home together?
- ✅ No — simpler
- ⚠️ Yes, and we agree on outcome — manageable with careful MSA language
- ❌ Yes, and we disagree — contested issue
6. Do either of you have retirement accounts from during the marriage?
- ✅ No — simpler
- ⚠️ Yes, but we agree — DIY possible; use QDRO specialist for the actual division
- ❌ Yes, and we disagree — consider attorney
7. Is alimony an issue?
- ✅ Neither of us wants alimony — include a waiver in MSA, proceed DIY
- ⚠️ We agree on an amount and duration — include in MSA, manageable
- ❌ We disagree significantly — attorney recommended given 2023 law changes
8. Has either spouse hired an attorney?
- ✅ No — level playing field
- ❌ Yes — consider hiring one yourself
Section 4 — Children
9. Do you have minor children?
- ✅ No — simpler process, consider Simplified Dissolution
- ⚠️ Yes, and we fully agree on Parenting Plan, time-sharing, and support — DIY is doable
- ❌ Yes, and we disagree on time-sharing — mediation required, attorney strongly recommended
10. Has either parent discussed relocating more than 50 miles?
- ✅ No plans to relocate — proceed normally
- ❌ Yes — Florida's relocation statute is strictly enforced; consult an attorney
Section 5 — Safety
11. Is there any history of domestic violence?
- ✅ No — proceed normally
- ❌ Yes — call the National DV Hotline (1-800-799-7233). Florida has special protections. An attorney can help you access them safely.
Your Results
Strong DIY Candidate
- Both spouses cooperating
- Simple or agreed finances
- No safety concerns
- If children: full agreement on Parenting Plan
Next step: Check Simplified Dissolution eligibility first. If not eligible, go to our Florida Divorce Complete Guide.
Good DIY With Some Help
- Own a home (but agreed on outcome)
- Have retirement accounts (use QDRO specialist)
- Not confident with forms — use Online Divorce or 3StepDivorce
Consider an Attorney
- Disagreement on time-sharing with children
- History of domestic violence
- Relocation planned
- Significant alimony dispute
- Spouse already has an attorney
- Complex business or financial situation
Free Florida Resources
- flcourts.org — All official Florida Family Law Forms
- floridalawhelp.org — Free legal aid for qualifying Floridians
- Your county Clerk of the Circuit Court self-help resources
Florida Document Services
- Online Divorce — onlinedivorce.com
- 3StepDivorce — 3stepdivorce.com
- LegalZoom — legalzoom.com
Last reviewed: March 2026
Last reviewed: March 2026 · Verify current fees and forms with your local court before filing.