A divorce without children in Florida costs roughly $408 to $418 in clerk fees, requires one spouse to have lived in Florida for 6 months, and can finish in as little as 20 to 30 days through simplified dissolution. Florida is a no-fault state, so you only prove the marriage is irretrievably broken under Fla. Stat. § 61.052.
Getting divorced with no children in Florida is the fastest and least expensive path through the state's dissolution system. Because no custody, child support, or parenting plan must be resolved, childless couples avoid the most litigated and time-consuming parts of family law. This guide explains the two dissolution tracks available, exact costs, residency rules, property division under equitable distribution, and how the 2023 alimony reform affects short and long marriages. Every figure below reflects Florida law as of 2026.
Key Facts: Divorce Without Children in Florida
| Factor | Florida Requirement |
|---|---|
| Filing Fee | $408 base + $10 summons = $418 total (as of 2026; verify with local clerk) |
| Waiting Period | 20 days minimum after filing before final judgment (Fla. Stat. § 61.19) |
| Residency Requirement | One spouse must reside in Florida 6 months before filing (Fla. Stat. § 61.021) |
| Grounds | No-fault: marriage irretrievably broken (Fla. Stat. § 61.052) |
| Property Division Type | Equitable distribution (Fla. Stat. § 61.075) |
| Simplified Dissolution | Available for childless couples who agree on everything (Rule 12.105) |
| Uncontested Timeline | 30 to 90 days |
| Contested Timeline | 6 to 18 months |
What Are the Two Types of Divorce Without Children in Florida?
Florida offers two dissolution tracks for couples without minor children: simplified dissolution and regular dissolution. Simplified dissolution finishes in 20 to 30 days for couples who fully agree, while regular dissolution handles any disputed issue and takes 30 days to 18 months depending on conflict. Both require the 6-month residency and the $408 filing fee.
The simplified track, governed by Rule 12.105 of the Florida Family Law Rules of Procedure, is the fastest divorce option in the state. It requires both spouses to file a joint Petition for Simplified Dissolution of Marriage (Form 12.901(a)), agree on all property and debt division, waive alimony, and give up the right to trial and appeal. Both spouses must personally attend the final hearing. The regular track under Fla. Stat. § 61.052 is necessary whenever one spouse seeks alimony, the parties disagree on property, or one spouse will not participate. A no kids divorce process on the regular track still moves faster than a divorce involving children because there is no parenting plan, no timesharing schedule, and no child support guideline worksheet to litigate.
Am I Eligible for Simplified Dissolution in Florida?
You qualify for simplified dissolution in Florida only if six conditions are all true: no minor or dependent children, the wife is not pregnant, both spouses agree the marriage is irretrievably broken, you have divided all property and debts, neither spouse seeks alimony, and both waive trial and appeal rights. One spouse must also meet the 6-month residency rule.
The childless requirement is strict. Under the simplified rules, you and your spouse can have no minor or dependent children together, the wife cannot have minor or dependent children born during the marriage, the wife cannot currently be pregnant, and there can be no adopted children under 18. This makes simplified dissolution the natural fit for a simple divorce no children scenario. If you have adult children over 18 who are financially independent, you still qualify. The financial agreement must be complete before filing: you decide who keeps which assets and who pays which debts, and you record that in a marital settlement agreement. Because simplified dissolution waives the right to appeal, neither spouse can later challenge the terms. If any condition fails, you must use the regular dissolution process, which does not require mutual agreement to begin.
What Is the Residency Requirement for Divorce in Florida?
To file for divorce in Florida, at least one spouse must have resided in the state for 6 months before filing the petition, under Fla. Stat. § 61.021. This 6-month rule is jurisdictional and cannot be waived or shortened, even in emergencies. Only one spouse needs to qualify; the other can live in any state.
Residency is proven through a valid Florida driver's license, a Florida identification card, or a voter registration card issued at least 6 months before filing. If none exist, the testimony or sworn affidavit of a corroborating witness using Form 12.902(i) satisfies the requirement. Utility bills and lease agreements can supplement your proof but are not sufficient on their own under Fla. Stat. § 61.021. If neither spouse has met the 6-month threshold, a Florida court lacks subject matter jurisdiction and cannot grant the divorce, so the case would be dismissed. The place where you married is irrelevant; even couples married in Florida must satisfy the residency rule before filing. For a divorce no dependents case, residency is often the single gating factor, since there are no other family-law prerequisites to resolve.
How Much Does a Divorce Without Children Cost in Florida?
The filing fee for a divorce in Florida is $408, set by Fla. Stat. § 28.241, plus a $10 summons issuance fee, for a total of about $418 in clerk costs. As of 2026, verify with your local clerk. Process servers add $40 to $50, and a fee waiver is available for households under 200% of the federal poverty level.
Beyond the base filing fee, costs vary by how contested the case is. A childless divorce carries lower total costs than a divorce with children because there is no custody evaluation, guardian ad litem, or child support calculation. The table below breaks down typical 2026 cost ranges.
| Cost Component | Typical 2026 Amount |
|---|---|
| Base filing fee | $408 |
| Summons issuance | $10 |
| Process server (if spouse served) | $40 to $50 |
| Certified copies | $2 to $10 each |
| Fee waiver (indigent status) | $0 if approved |
| Simplified dissolution, pro se total | $408 to $470 |
| Uncontested with attorney | $1,500 to $3,500 |
| Contested divorce | $10,000 to $30,000+ |
If you cannot afford the fee, apply for indigent status using the Application for Determination of Civil Indigent Status. Approval waives the filing fee but does not cover service of process or mediation costs. Florida requires electronic filing through the statewide e-filing portal at myflcourtaccess.gov.
Is There a Waiting Period for Divorce in Florida?
Florida imposes a mandatory 20-day waiting period after filing before a judge can enter a final judgment, under Fla. Stat. § 61.19. A court may waive this interval only on a showing that waiting would cause injustice. There is no separation requirement and no waiting period tied to the 6-month residency rule.
The 20-day minimum is the shortest possible timeline, meaning a fully agreed simplified dissolution can conclude in about three to four weeks once the court calendar allows a hearing. Florida is a no-fault state, so neither spouse must prove wrongdoing or a period of separation; one spouse asserting the marriage is irretrievably broken under Fla. Stat. § 61.052 is legally sufficient. In practice, an uncontested divorce typically finishes in 30 to 90 days, while a contested divorce runs 6 to 18 months depending on disputed issues and court scheduling. Because a divorce without children removes the most contested elements, childless couples frequently land at the fast end of these ranges. The 20-day rule and the 6-month residency requirement are distinct: residency is a prerequisite to filing, and the 20-day interval runs after filing.
How Is Property Divided in a Florida Divorce Without Children?
Florida divides marital property through equitable distribution under Fla. Stat. § 61.075, beginning with the premise that division should be equal (50/50), unless relevant factors justify an unequal split. Nonmarital assets stay with the owning spouse. In a childless divorce, this analysis is usually simpler because there is no marital home tied to children's schooling needs.
Equitable distribution is not the same as community property. The court first sets aside each spouse's nonmarital assets and liabilities, then divides the marital estate starting from a presumption of equality. All assets acquired and debts incurred during the marriage are presumed marital unless a spouse proves otherwise. The classification cutoff is the earlier of a valid separation agreement or the filing of the petition. In 2024, the Legislature amended Fla. Stat. § 61.075: effective July 1, 2024, subsection (6)(a)1.f specifies how courts value a marital interest in a closely held business, and interspousal gifts of real property now require a signed writing under Fla. Stat. § 689.01. Couples in a simplified dissolution divide property by mutual agreement in a marital settlement agreement, bypassing judicial equitable distribution entirely. This is why a no kids divorce process settles faster when both spouses cooperate.
Can I Get Alimony in a Childless Florida Divorce?
Alimony is available in a childless Florida divorce, but the 2023 reform (SB 1416, effective July 1, 2023) eliminated permanent alimony and capped durational alimony. Durational alimony cannot exceed the lesser of the recipient's reasonable need or 35% of the difference in the parties' net incomes, and it is barred for marriages under 3 years.
Florida now recognizes three alimony types: bridge-the-gap, rehabilitative, and durational. Durational alimony duration is capped by marriage length: for marriages under 10 years, up to 50% of the marriage length; for 10 to 20 years, up to 60%; and for 20 or more years, up to 75%. Requesting alimony automatically disqualifies a couple from simplified dissolution, forcing the regular track under Fla. Stat. § 61.052. The court may also consider adultery and its economic impact when setting alimony amounts, and it must reduce or terminate alimony on a written finding that a supportive relationship exists. For short childless marriages, alimony is frequently unavailable or minimal, which is why many childless couples waive support entirely and choose the faster simplified path.
What Are the Steps to File a Divorce Without Children in Florida?
Filing a divorce without children in Florida involves five core steps: confirm 6-month residency, prepare the petition and settlement agreement, e-file with the clerk and pay the $408 fee, serve or jointly file with your spouse, and attend the final hearing after the 20-day waiting period. Simplified dissolution compresses these into a joint filing.
For the regular uncontested track, the process runs as follows:
- Confirm one spouse has met the 6-month Florida residency requirement under Fla. Stat. § 61.021.
- Complete the Petition for Dissolution of Marriage and a Marital Settlement Agreement dividing all assets and debts.
- File electronically through myflcourtaccess.gov and pay the $408 filing fee plus $10 summons fee.
- Serve your spouse via process server ($40 to $50), or file jointly if both agree, and complete the mandatory financial affidavit (Form 12.902(b) or (c)).
- Attend the final hearing after the 20-day waiting period; the judge reviews the agreement and signs the final judgment.
For simplified dissolution, both spouses jointly file Form 12.901(a), sign a Certificate of Corroborating Witness before a notary, and personally appear at the final hearing. Both tracks end with a final judgment of dissolution that legally ends the marriage. Self-represented filers can find all official forms on the Florida Courts website at flcourts.gov.