Florida Divorce Checklist
divorce.law/resources/divorce-checklist/florida/
Prepared: 5/20/2026
Data updated: 3/1/2026
Estimated Timeline
4-6 months for uncontested divorces in Florida (minimum 20-day waiting period under § 61.19 after filing, plus 45 days for mandatory disclosure, scheduling final hearing). Contested cases with children or complex property typically take 12-18 months. Simplified dissolutions can be completed in as little as 30-45 days if both parties cooperate and the court's calendar permits.
Documents to Gather
- Certified copy of marriage certificate
- Birth certificates for all minor children
- Social Security cards or numbers for both spouses and children
- Valid Florida identification (driver's license, ID card, or voter registration card)
- Prenuptial or postnuptial agreement (if applicable)(if applicable)
- Any existing court orders (custody, support, injunctions)(if applicable)
Financial Documents
- Federal and state tax returns (last 3 years)
- Pay stubs from the last 3 months
- Bank account statements (last 12 months)
- Retirement and investment account statements (last 12 months)
- Real property deeds (last 3 years)
- Loan applications and financial statements (last 24 months)
- Business financial records (if self-employed)(if applicable)
- Insurance policies (life, health, auto, homeowners)
- Monthly expense documentation
Key Steps
1. Before Filing
- Verify Florida Residency Requirements
- Gather Personal and Marriage Documents
- Inventory All Marital Assets and Debts
- Compile Financial Records for Mandatory Disclosure
- Determine the Appropriate Petition Form
- Assess Whether You Need a Safety Plan
2. Filing Process
- Complete and File the Petition for Dissolution of Marriage
- File the Financial Affidavit
- File the Summons for Service of Process
- Enroll in the Parent Education and Family Stabilization Course (If Children Involved)
3. After Filing
- Serve Your Spouse with the Petition
- Wait for Respondent's Answer (20-Day Response Period)
- Complete Mandatory Financial Disclosure
- Prepare a Parenting Plan (If Children Involved)
- Attend Mediation for Contested Issues
- Negotiate and File the Marital Settlement Agreement
- Request and Attend the Final Hearing
- Obtain and Record the Final Judgment
Key Deadlines
Quick Reference
To file for divorce in Florida, you must first establish that at least one spouse has been a Florida resident for six months, as required by Florida Statutes § 61.021. File your Petition for Dissolution of Marriage (Form 12.901) with the Clerk of the Circuit Court and pay the $295.00 filing fee (plus approximately $97.50 in statutory surcharges). Serve your spouse through the sheriff or a certified process server — your spouse then has 20 days to file a response. Both parties must complete mandatory financial disclosure within 45 days of service under Rule 12.285, including financial affidavits, tax returns, pay stubs, and 12 months of account statements. If you have minor children, both parents must complete a four-hour Parent Education and Family Stabilization Course within 45 days under § 61.21 and file a detailed Parenting Plan (Form 12.995). Florida imposes a minimum 20-day waiting period before the court can enter a final judgment under § 61.19. Contested cases typically require mediation under Rule 12.740 before proceeding to trial. Uncontested divorces take approximately four to six months; contested cases may take 12 to 18 months.