FLORIDA DIVORCE GUIDE

How to File for Divorce in Florida
Without a Lawyer

Filing for divorce in Florida without an attorney costs $400-$410 in court fees. You must meet the residency requirement of 6 months in Florida. Florida is a equitable distribution state with a 20 days (none for simplified) waiting period. An uncontested divorce typically takes 1-3 months. Victoria AI guides you through every step with Florida-specific instructions.

$400-$410
Filing Fee
20 days (none for simplified)
Waiting Period
6 months in Florida
Residency
1-3 months
Timeline

Last updated: February 1, 2026 • Reviewed by Divorce.law Legal Team

Florida Divorce Requirements at a Glance

Filing Fee$400-$410 (The filing fee is approximately $400-$410 in most Florida counties. Miami-Dade: $409. Orange County: $400. Palm Beach: $410.)
Residency Requirement6 months in Florida
Waiting Period20 days (none for simplified)
Property DivisionEquitable Distribution (fair, not equal)
Grounds for DivorceMarriage is irretrievably broken, Mental incapacity (3+ years)
No-Fault Only?Yes
Uncontested Timeline1-3 months
Contested Timeline6 months to 2+ years
Fee Waiver Available?Yes
~80,000
Divorces per year in Florida
~70%
Pro se filers
2-4 months (uncontested)
Average duration
$400
Median filing fee

Florida Residency Requirements

To file for divorce in Florida, you must meet the following residency requirement: 6 months in Florida.

At least one spouse must have been a Florida resident for at least 6 months before filing. Residency can be proven with a Florida driver's license, voter registration, or an affidavit from a third party.

Tip: Victoria AI can help you determine if you meet Florida's residency requirements and guide you through the documentation needed to prove residency.

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

Follow these steps to file for divorce in Florida without an attorney. Victoria AI guides you through each step with state-specific instructions.

STEP 1

Meet Residency Requirements

At least one spouse must have been a Florida resident for at least 6 months before filing. Residency can be proven with a Florida driver's license, voter registration, or an affidavit from a third party.

STEP 2

Gather Required Forms

Download the official Florida divorce forms: Petition for Dissolution of Marriage, Family Law Financial Affidavit, Marital Settlement Agreement. All forms are available from the Florida courts website.

STEP 3

Complete Your Petition

Fill out the divorce petition (Form 12.901(a)/(b)/(c)) with your information, grounds for divorce, and what you're requesting (property division, custody, support).

STEP 4

File with the Court

File your completed petition with the Florida court and pay the filing fee of $400-$410. Fee waivers are available if you qualify financially.

STEP 5

Serve Your Spouse

Properly serve your spouse with the divorce papers according to Florida rules. Options typically include sheriff service, process server, or certified mail with acknowledgment.

STEP 6

Complete Financial Disclosure

Exchange mandatory financial disclosure documents as required by Florida law. This typically includes income verification, tax returns, bank statements, and a sworn financial affidavit.

STEP 7

Wait for Response & Complete Waiting Period

Florida has a 20-day waiting period for regular dissolutions. However, for Simplified Dissolution (both parties agree, no children, no property disputes), there is no waiting period and the divorce can be finalized the same day as the hearing.

STEP 8

Finalize Your Divorce

Submit your final judgment to the court. For uncontested divorces in Florida, this typically takes 1-3 months. The court will issue your final divorce decree.

Required Forms for Florida Divorce

These are the primary forms you'll need to file for divorce in Florida. Victoria AI guides you through completing each form correctly.

Petition for Dissolution of Marriage

Form 12.901(a)/(b)/(c)

Initiates the divorce—version depends on children

Family Law Financial Affidavit

Form 12.902(b) or (c)

Mandatory financial disclosure

Marital Settlement Agreement

Form 12.902(f)(1)

If you agree on everything

Parenting Plan

Form 12.995(a)

Required if you have children

Final Judgment of Dissolution

Form 12.990(a)-(c)

Final divorce decree

Florida Divorce Costs & Filing Fees

The filing fee to start a divorce in Florida is $400-$410. The filing fee is approximately $400-$410 in most Florida counties. Miami-Dade: $409. Orange County: $400. Palm Beach: $410.

Cost TypeAmount
Court Filing Fee$400-$410
Service of Process$50-$100 (varies by method)
Certified Copies$5-$25 per copy
Total DIY Uncontested$500-$1,500 (uncontested DIY)

Fee Waiver Available in Florida

If you cannot afford the filing fee, Florida offers fee waivers for qualifying individuals. You'll need to complete a fee waiver application demonstrating financial hardship. This typically requires showing income below a certain threshold (often 125-200% of federal poverty guidelines) or receiving public assistance benefits.

Victoria can help: Our AI guides you through the fee waiver application process and helps you gather the required documentation.

Serving Your Spouse in Florida

After filing your divorce petition in Florida, you must legally "serve" your spouse with the divorce papers. This ensures they receive official notice of the divorce and have an opportunity to respond.

Acceptable Methods of Service in Florida

Personal Service

A sheriff, constable, or private process server personally delivers the papers to your spouse. Most reliable method.

Certified Mail

Papers sent via certified mail with return receipt requested. Your spouse must sign to acknowledge receipt.

Acceptance of Service

Your spouse voluntarily signs an acknowledgment that they received the papers. Fastest and cheapest option if cooperative.

Service by Publication

If your spouse cannot be located, you may be able to publish notice in a newspaper. Requires court approval.

Important: Proof of Service

You must file proof of service with the court showing your spouse was properly served. Without valid proof of service, your divorce cannot proceed. Florida courts are strict about service requirements.

Property Division in Florida

Equitable Distribution State

Florida is a equitable distribution state.

Florida is an equitable distribution state, meaning marital assets are divided fairly but not necessarily equally. The court considers factors like each spouse's contribution to the marriage, economic circumstances, length of marriage, and any interruption of careers.

Victoria's Financial Tools: Our AI-powered financial tools help you identify, categorize, and value marital assets. Victoria can help you understand how Florida law applies to your specific property.

Child Support in Florida

Florida uses the Income shares model.

Florida uses the income shares model, combining both parents' net incomes and allocating support based on parenting time. The guidelines consider health insurance costs, daycare, and the number of overnights each parent has.

Spousal Support Factors in Florida

  • Standard of living during marriage
  • Length of the marriage
  • Age and health of each spouse
  • Financial resources of each party
  • Earning capacity and employability
  • Contribution to the marriage (including homemaking)
  • Marital misconduct

Florida Divorce Timeline: What to Expect

Understanding the timeline helps you plan and set realistic expectations for your Florida divorce.

Uncontested Divorce

1-3 months

When both spouses agree on all terms including property division, custody, and support. This is the fastest and least expensive option.

Contested Divorce

6 months to 2+ years

When spouses cannot agree and need court intervention to resolve disputes. Involves hearings, discovery, and potentially trial.

Typical Florida Divorce Timeline (Uncontested)

1

File Petition

Day 1 - Submit your divorce paperwork and pay the $400-$410 filing fee

2

Serve Your Spouse

Within 30 days - Ensure proper legal service of divorce papers

3

Response Period

20-30 days - Your spouse has time to file a response

4

Waiting Period

20 days (none for simplified) - Florida has a 20-day waiting period for regular dissolutions. However, for Simplified Dissolution (both parties agree, no children, no property disputes), there is no waiting period and the divorce can be finalized the same day as the hearing.

5

Final Judgment

Court issues your final divorce decree

Speed up your divorce: Victoria AI helps you complete forms correctly the first time, avoiding delays from rejected paperwork. Our checklists ensure you don't miss any steps or deadlines.

What Makes Florida Divorce Unique

Simplified Dissolution available (same-day divorce possible)

Mandatory disclosure under Rule 12.285

Parenting Plan required for all cases with children

No-fault only state

Alimony reform (types: bridge-the-gap, rehabilitative, durational, permanent)

Mandatory parenting course for divorces with children

Key Florida Divorce Laws

  • Florida Statutes §61.052Dissolution of Marriage
  • Florida Statutes §61.075Equitable Distribution
  • Florida Statutes §61.30Child Support Guidelines
  • Florida Statutes §61.08Alimony
  • Florida Family Law Rules 12.285Mandatory Disclosure

Florida Divorce FAQ

Common questions about filing for divorce in Florida without an attorney.

Victoria AI Knows Florida Divorce Law

Get 24/7 guidance specific to Florida's forms, procedures, and requirements.

Florida-specific forms

Guidance through every required form

Financial disclosure wizard

Complete your financial affidavit step-by-step

Child support calculator

Using Florida's exact guidelines

AI document drafting

Create properly formatted legal documents

Evidence notebook

Organize and categorize case documents

24/7 AI guidance

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Not Legal Advice

Victoria provides legal information, not legal advice. For advice specific to your case, consult an attorney.

Official Sources

All Florida divorce information verified from official state court sources.

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