Florida divorce papers begin with Form 12.901, the Petition for Dissolution of Marriage, filed with the circuit court clerk at a cost of $408-$419. Under Fla. Stat. § 61.021, at least one spouse must have resided in Florida for 6 continuous months before filing. The state imposes a 20-day minimum waiting period under Fla. Stat. § 61.19 before the court can enter a final judgment, though most uncontested divorces take 4-8 weeks from filing to final hearing.
| Key Fact | Florida Requirement |
|---|---|
| Filing Fee | $408-$419 (plus $10 summons) |
| Waiting Period | 20 days minimum |
| Residency Requirement | 6 months continuous |
| Grounds for Divorce | Irretrievably broken |
| Property Division | Equitable distribution |
| Mandatory Disclosure | 45 days from service |
Which Divorce Forms Do You Need in Florida?
Florida requires specific divorce papers based on whether you have minor children and whether you qualify for simplified dissolution. The Florida Courts website provides all official forms at flcourts.gov, numbered under the 12.900 series. Form 12.901 is the primary petition, with four variations covering different family circumstances. Couples without children or significant property disputes may use Form 12.901(a) for simplified dissolution, which both spouses sign jointly. Standard divorces require either Form 12.901(b)(1) for cases without children or Form 12.901(b)(2) for cases with dependent children. The correct form selection determines your entire divorce pathway and timeline.
Form 12.901(a): Joint Petition for Simplified Dissolution
This form applies when both spouses agree to divorce, have no minor or dependent children, neither spouse is pregnant, neither seeks alimony, and both have agreed on property division. Under simplified dissolution rules, both parties must appear at the final hearing together. The court can finalize a simplified dissolution in as few as 30-45 days if scheduling permits.
Form 12.901(b)(1): Petition for Dissolution Without Children
Use this form when filing a standard divorce without minor children. Unlike simplified dissolution, this process does not require both spouses to agree or appear together. The petitioner files alone, then serves the respondent who has 20 days to respond. This form covers divorces involving property division, alimony claims, or any circumstance disqualifying you from simplified dissolution.
Form 12.901(b)(2): Petition for Dissolution With Children
Florida requires this form when minor or dependent children exist. The petition addresses parenting plans, time-sharing schedules, and child support calculations under Fla. Stat. § 61.13. Parents must include a parenting plan establishing decision-making authority and time-sharing. Florida courts prioritize the best interests of the child when approving these arrangements.
How Much Do Divorce Papers Cost to File in Florida?
Filing divorce papers in Florida costs approximately $408-$419 depending on your county circuit court, plus an additional $10 for issuance of a summons. This filing fee is set by the Florida Legislature and applies uniformly across all 67 counties, though minor variations exist for administrative surcharges. If you cannot afford the filing fee, you may apply for indigent status using the Application for Determination of Civil Indigent Status, which waives filing fees but does not cover service of process costs ($40-$70 for sheriff service) or mediation fees ($150-$400 per session).
Cost Breakdown for Florida Divorce
| Expense | Amount |
|---|---|
| Filing Fee | $408-$419 |
| Summons Issuance | $10 |
| Sheriff Service | $40-$70 |
| Certified Process Server | $50-$100 |
| Mediation (if required) | $150-$400/session |
| Parenting Course (with children) | $25-$50 |
| Certified Copy of Judgment | $2-$5/page |
As of March 2026, verify current fees with your local circuit court clerk before filing. Counties including Broward, Miami-Dade, and Palm Beach may have additional administrative charges not listed here.
How to File Divorce Papers in Florida: Step-by-Step Process
Filing for divorce in Florida involves completing divorce papers, paying the filing fee, serving your spouse, exchanging financial disclosure documents, and attending a final hearing. The entire process takes a minimum of 20 days under Fla. Stat. § 61.19, though most uncontested cases resolve in 4-8 weeks and contested divorces with children typically take 12-18 months. Following this sequence ensures your divorce proceeds without procedural delays that could extend your timeline by months.
Step 1: Verify Residency Requirements
Under Fla. Stat. § 61.021, at least one spouse must have been a Florida resident for 6 continuous months immediately before filing. You can prove residency through a valid Florida driver's license, Florida voter registration card, or a sworn affidavit from a third party confirming your residence. Military personnel stationed in Florida may count their time stationed toward the residency requirement under Fla. Stat. § 61.021(2).
Step 2: Complete the Appropriate Petition Form
Select Form 12.901(a), (b)(1), (b)(2), or (b)(3) based on your circumstances. Type or print all information in black ink. Include your current address, spouse's address, date and place of marriage, grounds for divorce (irretrievably broken), and whether you have minor children. If children exist, you must also complete a parenting plan. File the original petition with the Clerk of the Circuit Court in the county where either spouse resides.
Step 3: Pay Filing Fee and Obtain Summons
Pay the $408-$419 filing fee when submitting your petition. The clerk will file-stamp your documents and assign a case number. Request Form 12.910(a), Summons: Personal Service on an Individual, and complete Form 12.910(b), Process Service Memorandum, with instructions for locating and serving your spouse including their home address, work address, physical description, and best times for service.
Step 4: Serve Your Spouse
You cannot personally serve divorce papers on your spouse under Florida law. Service must be completed by a county sheriff or certified process server under Fla. Stat. § 48.021 and § 48.031. The server will deliver a summons and copy of the petition to your spouse, who then has 20 days to file a written response with the court. Sheriff service costs $40-$70 depending on county; certified process servers typically charge $50-$100.
Step 5: Complete Mandatory Financial Disclosure
Under Florida Family Law Rule 12.285, both parties must exchange mandatory disclosure documents within 45 days of service. Required documents include: a financial affidavit (short form for income under $50,000, long form for $50,000 or more), 3 months of pay stubs, 3 years of tax returns with W-2s and 1099s, and 12 months of bank statements for all accounts. Failure to comply can result in court sanctions, financial penalties, or adverse rulings.
Step 6: Attend Final Hearing
After the 20-day waiting period expires, mandatory disclosure is complete, and either a settlement agreement is reached or the case is prepared for trial, contact the clerk to schedule a final hearing. For uncontested divorces, the hearing typically lasts 10-20 minutes. The judge reviews your marital settlement agreement, confirms both spouses entered the agreement voluntarily, and signs the final judgment dissolving your marriage.
What Are the Mandatory Disclosure Requirements?
Florida Rule 12.285 requires both spouses to exchange comprehensive financial documents within 45 days of service. This mandatory disclosure cannot be waived except in simplified dissolutions where neither party seeks alimony and both agree to forgo discovery. The financial affidavit must be filed with the court under oath and cannot be omitted regardless of agreement between spouses. Non-compliance triggers court sanctions, including potential dismissal of claims or monetary penalties under the judge's discretion.
Documents Required Under Rule 12.285
- Financial Affidavit (Form 12.902(b) or (c))
- Pay stubs from the past 3 months
- Tax returns with W-2s, 1099s, and K-1s from past 3 years
- Bank statements for all accounts (12 months required)
- Retirement account statements (12 months)
- Real estate deeds and mortgage statements
- Vehicle titles and loan statements
- Business financial statements (if self-employed)
- Life insurance declarations
- Stock and investment account statements
How Does Florida Divide Property in Divorce?
Florida uses equitable distribution to divide marital property under Fla. Stat. § 61.075, meaning courts divide assets fairly but not necessarily equally. Judges begin with a presumption that a 50/50 split is appropriate, then consider statutory factors that may justify deviation. Marital property includes all assets acquired during the marriage regardless of title, vested and unvested retirement benefits, interspousal gifts, and the enhanced value of non-marital assets resulting from either spouse's efforts during the marriage.
Marital vs. Non-Marital Property
| Property Type | Classification | Examples |
|---|---|---|
| Marital Property | Subject to division | Income, real estate, vehicles, retirement accounts acquired during marriage |
| Non-Marital Property | Remains with owner | Assets owned before marriage, inheritances, gifts from third parties (if kept separate) |
| Commingled Property | May become marital | Inheritance deposited in joint account, pre-marital home where both spouses contributed to mortgage |
Factors Courts Consider for Unequal Distribution
Under Fla. Stat. § 61.075(1), courts may deviate from equal distribution based on: contribution to the marriage including homemaking and childcare; each spouse's economic circumstances; duration of the marriage; either spouse's career or education sacrifices; desirability of retaining the marital home for children; intentional dissipation of assets within 2 years of filing; and any other factor necessary for equity between the parties.
What Are Florida's Alimony Rules After 2023 Reform?
Florida eliminated permanent alimony effective July 1, 2023, under SB 1416, implementing duration caps and amount limits for all new divorce filings. Under the reformed Fla. Stat. § 61.08, alimony cannot exceed the lesser of the recipient's reasonable need or 35% of the difference between the parties' net incomes. Duration depends on marriage length: short-term marriages (under 10 years) cap durational alimony at 50% of the marriage length; moderate-term marriages (10-20 years) cap at 60%; and long-term marriages (20+ years) cap at 75%.
Types of Alimony Available in Florida (2026)
| Alimony Type | Maximum Duration | Purpose |
|---|---|---|
| Temporary | Until final judgment | Support during divorce proceedings |
| Bridge-the-Gap | 2 years | Short-term transition assistance |
| Rehabilitative | Varies with plan | Education or career training |
| Durational | 50-75% of marriage length | Support for defined period |
Key Changes from the 2023 Reform
Permanent alimony no longer exists for divorces filed after July 1, 2023. Courts must now impute income to voluntarily unemployed or underemployed spouses based on work history, qualifications, and local earnings. Adultery may be considered when determining alimony amount. Obligors may petition for modification upon reaching Social Security retirement age or customary retirement age for their profession under Fla. Stat. § 61.14(1)(c).
How Long Does the Florida Divorce Process Take?
Florida requires a minimum 20-day waiting period from filing before a judge can enter a final divorce judgment under Fla. Stat. § 61.19. In practice, simplified dissolutions take 30-45 days, standard uncontested divorces take 4-8 weeks, and contested divorces with children or complex property typically take 12-18 months. The 45-day mandatory disclosure requirement under Rule 12.285 often extends timelines beyond the minimum waiting period, as courts will not schedule final hearings until both parties have complied.
Timeline Comparison by Divorce Type
| Divorce Type | Minimum Time | Typical Time | Factors Affecting Duration |
|---|---|---|---|
| Simplified Dissolution | 20 days | 30-45 days | Court scheduling availability |
| Uncontested Without Children | 20 days | 4-6 weeks | Disclosure completion, scheduling |
| Uncontested With Children | 20 days | 6-12 weeks | Parenting plan approval, mediation |
| Contested Divorce | 20 days | 12-18 months | Discovery, hearings, trial |
What Are the Requirements for Simplified Dissolution?
Florida's simplified dissolution offers the fastest divorce pathway, available only to couples meeting all statutory requirements: no minor or dependent children, neither spouse is pregnant, neither spouse seeks alimony, both agree the marriage is irretrievably broken, and both have reached a complete agreement on property and debt division. Under simplified dissolution, mandatory disclosure under Rule 12.285 does not apply, significantly reducing paperwork. Both spouses must sign Form 12.901(a) jointly and attend the final hearing together.
Simplified Dissolution Checklist
- Both spouses have lived in Florida for at least 6 months (one spouse minimum)
- No minor children (under 18) or dependent children
- Neither spouse is pregnant
- Complete agreement on all property and debt division
- Neither spouse seeks alimony
- Both spouses waive rights to trial and appeal
- Both spouses willing to attend final hearing together
If you cannot meet every requirement, you must file a standard dissolution petition using Form 12.901(b)(1) or (b)(2).
Where Can You Download Official Florida Divorce Forms?
The Florida Courts website (flcourts.gov) provides all official family law forms free of charge in PDF and RTF formats. Forms are organized under the 12.900 series with detailed instructions for each document. The Florida Supreme Court approves these forms, and clerks accept only current versions. Never use outdated forms or third-party templates without verifying compliance with current Florida Family Law Rules of Procedure.
Essential Florida Divorce Forms Checklist
- Form 12.901: Petition for Dissolution of Marriage (appropriate version)
- Form 12.902(b) or (c): Financial Affidavit (short or long form)
- Form 12.910(a): Summons: Personal Service on an Individual
- Form 12.910(b): Process Service Memorandum
- Form 12.995: Parenting Plan (if children involved)
- Form 12.902(f): Marital Settlement Agreement
- Form 12.932: Certificate of Compliance with Mandatory Disclosure
Frequently Asked Questions
How much does it cost to file for divorce in Florida?
Filing for divorce in Florida costs $408-$419 for the petition filing fee, plus $10 for summons issuance and $40-$100 for service of process. Additional costs may include mediation ($150-$400 per session), parenting courses ($25-$50), and attorney fees if you hire legal representation. Fee waiver applications are available for those who qualify as indigent.
What is the residency requirement for divorce in Florida?
Under Fla. Stat. § 61.021, at least one spouse must be a Florida resident for 6 continuous months immediately before filing the petition. You can prove residency through a valid Florida driver's license, voter registration card, or sworn third-party affidavit. Military members stationed in Florida may count station time toward residency.
How long do you have to wait to get divorced in Florida?
Florida imposes a 20-day minimum waiting period under Fla. Stat. § 61.19 from filing before a judge can enter a final judgment. However, most uncontested divorces take 4-8 weeks due to service requirements, mandatory disclosure deadlines, and court scheduling. Simplified dissolutions can be completed in 30-45 days when both parties cooperate.
Can you get divorced without a lawyer in Florida?
Yes, you can file for divorce without an attorney in Florida, known as proceeding pro se. The Florida Courts provide all necessary forms and instructions at flcourts.gov. However, divorces involving significant assets, alimony disputes, or custody disagreements benefit from legal representation. The clerk cannot provide legal advice about which forms to file or how to complete them.
What are the grounds for divorce in Florida?
Florida is a no-fault divorce state, meaning you only need to state the marriage is irretrievably broken under Fla. Stat. § 61.052. You do not need to prove adultery, abandonment, or fault. The mental incapacity of one spouse (for at least 3 years prior to filing) also constitutes grounds. No-fault grounds simplify the divorce process and reduce litigation.
How is property divided in a Florida divorce?
Florida courts use equitable distribution under Fla. Stat. § 61.075, dividing marital property fairly based on statutory factors. Courts begin with a 50/50 presumption, then consider contributions to the marriage, economic circumstances, marriage duration, and other factors. Non-marital property (assets owned before marriage, inheritances) generally remains with the original owner if kept separate.
Does Florida have alimony?
Yes, Florida allows alimony but eliminated permanent alimony for divorces filed after July 1, 2023. Under the reformed Fla. Stat. § 61.08, available types include temporary, bridge-the-gap (maximum 2 years), rehabilitative, and durational alimony. Amounts cannot exceed 35% of the income differential between spouses or the recipient's reasonable need, whichever is less.
What is mandatory disclosure in Florida divorce?
Florida Family Law Rule 12.285 requires both parties to exchange comprehensive financial documents within 45 days of service. Required items include financial affidavits, 3 months of pay stubs, 3 years of tax returns, and 12 months of bank statements for all accounts. The financial affidavit cannot be waived and must be filed with the court under oath.
How do you serve divorce papers in Florida?
You cannot personally serve your spouse with divorce papers in Florida. Service must be completed by a county sheriff ($40-$70) or certified process server ($50-$100) under Fla. Stat. § 48.021. The server delivers the summons and petition copy, then files a Return of Service with the court. Your spouse has 20 days to file a response after being served.
Can you file for divorce online in Florida?
Florida courts accept electronic filing (e-filing) for divorce papers through the Florida Courts E-Filing Portal. You must first prepare your documents using official forms from flcourts.gov, then upload them through the portal. The filing fee is still required electronically. After e-filing, you must still arrange service of process on your spouse through sheriff or certified process server.
Author: Antonio G. Jimenez, Esq., Florida Bar No. 21022