How to File for Divorce in Florida (2026 Step-by-Step)

Florida calls divorce a dissolution of marriage. If you and your spouse agree the marriage is over, filing is a paperwork process, not a courtroom fight — most amicable couples never see the inside of a courtroom, and many finish without hiring a lawyer at all. Below is exactly how it works in 2026, from the residency rule to the judge's final signature.

First: do you qualify to file in Florida?

Before anything else, one requirement gates every Florida divorce: at least one spouse must have lived in Florida for the six months immediately before filing. You prove it with a Florida driver's license, state ID, or voter-registration card issued at least six months ago, or with a corroborating-witness affidavit.

Florida is also a no-fault state. You don't have to prove wrongdoing — the only ground you need is that the marriage is "irretrievably broken." Nobody is blamed, and the judge won't ask you to justify the decision. So the real question isn't whether you can divorce — it's which path you'll file under, and that depends entirely on your circumstances.

Simplified vs. regular dissolution: which one you file

Florida gives agreeing couples two procedural routes, and the one you use decides which forms you file and whether you'll appear in court.

How to file for divorce in Florida, step by step

Here's what each step actually involves:

1. Confirm you qualify. Check the six-month residency rule, and decide — based on children, alimony, and agreement — whether you're on the simplified or regular track.
2. Prepare your forms. Complete the petition and every supporting document for your path (listed below), using the current Florida Supreme Court–approved family law forms.
3. File with the Clerk of Court. File in the county where you or your spouse lives, through the Florida Courts E-Filing Portal or in person, and pay the filing fee.
4. Notify your spouse. In an amicable case your spouse signs an Answer, Waiver, and Request for Copy of Final Judgment (Form 12.903(a)), which waives formal service and even their appearance at the hearing. If they won't cooperate, you arrange personal service instead.
5. Complete disclosure (and the parent course if you have kids). Spouses exchange financial affidavits unless jointly waived, and parents complete the required parenting course.
6. Wait out the 20-day period. Florida law bars a final judgment until at least 20 days after the petition is filed.
7. Finalize. The judge signs your Final Judgment of Dissolution of Marriage — at a short hearing or, in many circuits, on the paperwork alone.

Two things trip people up here. First, the county matters — each Clerk of Court has its own cover sheets and local procedures. Second, step 4 is where amicable couples save the most stress: a signed waiver means no process server and no awkward hand-off at work.

The divorce papers you'll need to file

Florida's courts run on standardized, Supreme Court–approved forms. The exact set depends on your path.

Simplified dissolution (no children, full agreement)

• Joint Petition for Simplified Dissolution of Marriage — Form 12.901(a)
• Marital Settlement Agreement (if dividing property) — Form 12.902(f)(3)
• Family Law Financial Affidavit — Form 12.902(b) or (c), unless jointly waived (Form 12.902(k))
• Final Judgment of Simplified Dissolution — Form 12.990(a)

Regular dissolution with minor children

• Petition for Dissolution of Marriage with Dependent or Minor Child(ren) — Form 12.901(b)(1)
• UCCJEA Affidavit (required with children) — Form 12.902(d)
• Family Law Financial Affidavit — short Form 12.902(b) if gross income is under $50,000/yr, long Form 12.902(c) at $50,000+
• Child Support Guidelines Worksheet — Form 12.902(e)
• Parenting Plan — Form 12.995(a)
• Notice of Social Security Number — Form 12.902(j)
• Marital Settlement Agreement with Children (if agreed) — Form 12.902(f)(1)
• Final Judgment… with Children (Uncontested) — Form 12.990(b)(1)

Looking for "Florida divorce papers" to download? The blank forms are free on the Florida Courts self-help site. The hard part isn't finding them — it's completing every field correctly, in the right combination, notarized where required. Clerks reject incomplete packets, and a bounce restarts your timeline — which is exactly what a done-for-you service prevents. See how it fits the broader uncontested divorce process.

Where and how to file (and the filing fee)

You file with the Clerk of the Circuit Court in the county where you or your spouse lives. Florida runs a statewide e-filing system, so most people file online through the Florida Courts E-Filing Portal rather than at the courthouse — though self-represented filers can still file in person.

The statewide filing fee for a dissolution of marriage is about $408, paid to the clerk when you file. Some counties add small charges — for example, a fee per summons if your spouse has to be served. If you can't afford it, you can file an Application for Determination of Civil Indigent Status and ask the clerk to waive or defer the fee.

How much does it cost to file for divorce in Florida?

There's the court's filing fee, which everyone pays, and the cost of preparing your documents — where your choice swings the total by thousands:

For every fee — including parenting-course costs, certified copies, and how the fee waiver works — see our guide to how much a divorce costs in Florida.

How long does it take?

Because Florida enforces a 20-day minimum between filing and the earliest possible final judgment, no divorce finishes instantly. In practice, most amicable cases finalize in roughly 4 to 12 weeks — a few days to prepare documents, filing and the signed response, the 20-day wait, then the final judgment. Cases with children often run longer because of the parenting course. See the week-by-week breakdown in our Florida divorce timeline guide.

Filing for divorce in Florida without a lawyer

You're allowed to represent yourself in a Florida divorce (called filing pro se), and most amicable couples do. The real question is how you handle the paperwork:

Do it yourself. The forms are free on the Florida Courts site and the DIY Florida self-help tool. Free — but you own the accuracy and the rejection risk.

Use a document service (like Amicably, $99 flat). You answer plain-English questions and correct, county-ready forms come out — specialist-checked, notarization handled. Attorney-free, but not alone. The right fit for most agreeing couples.

Hire an attorney when the case is truly contested, there's domestic violence, you can't locate your spouse, or complex assets need legal advice. The Florida Bar's consumer guide explains when counsel matters. No document service — ours included — can give legal advice; that line is real and we respect it.

Common mistakes that delay Florida divorce filings

1. Filing the wrong petition. Simplified, regular-with-children, and regular-no-children use different forms. The wrong one means starting over.
2. Incomplete financial affidavits. They're mandatory in most cases, and the short/long version depends on income. A top reason packets bounce.
3. A vague settlement agreement. "We'll split everything fairly" isn't enforceable — judges want specifics: who keeps which account, who refinances the house, by when.
4. Missing county requirements. Cover sheets, local forms, and hearing procedures vary by clerk, and generic form kits ignore them.
5. Notarization slip-ups. Several forms must be notarized; Florida allows online notarization, but only through approved providers.
6. Skipping the parent course. With children, the court won't finalize until both parents finish it — and the petitioner has a filing-side deadline.

Filing for divorce in Florida with children

If you have minor children together, you can't use the simplified route — you file the regular petition (Form 12.901(b)(1)) and add three things: a parenting plan (Form 12.995) setting the time-sharing schedule, a child support guidelines worksheet (Form 12.902(e)) calculating support from both incomes, and a Parent Education and Family Stabilization Course that each parent completes before the judge will finalize. If you've already agreed on the schedule, the paperwork simply records the plan you've made. Amicably includes every child-related document in the same flat fee.

Frequently asked questions