Everything you need to know about residency requirements, forms, fees, and the complete filing process.
Filing for divorce is one of the most emotionally overwhelming experiences you can face. The legal paperwork, court procedures, and financial decisions can feel like an impossible mountain to climb, especially when you are already dealing with the emotional weight of ending a marriage.
The good news? Thousands of Floridians successfully file for divorce every year without hiring an attorney. Florida's court system provides approved self-help forms, and for many couples, particularly those with uncontested divorces, the process is more straightforward than you might think.
This guide walks you through every step of filing for divorce in Florida in 2026, from confirming you meet residency requirements to attending your final hearing. We will cover both simplified and regular dissolution so you can choose the right path for your situation.
Before any Florida court will accept your divorce petition, you must satisfy a single critical requirement: at least one spouse must have been a Florida resident for a minimum of six continuous months immediately before filing.
This is not a technicality. If you moved to Florida five months ago, you cannot file yet. The court will require proof of residency, which can include:
If you are active military stationed in Florida, the six-month requirement still applies, but your military orders and Florida-based documentation typically satisfy it.
You must file your petition in the circuit court of the county where either you or your spouse lives. If you both live in the same county, that is your only option. If you live in different counties, you can file in either one.
This matters because filing fees, local procedures, and processing times vary by county. Some counties, like Miami-Dade, have higher caseloads and potentially longer timelines. Smaller counties may move faster.
Florida offers two tracks for divorce. Understanding the difference is crucial because it determines your forms, timeline, and whether you will need a final hearing.
This is the fastest and simplest option, but you must meet all of these requirements:
If you qualify, a simplified dissolution can be finalized in as little as 30 days from filing.
If you do not qualify for simplified dissolution, perhaps because you have children, cannot agree on asset division, or one spouse will not cooperate, you will file a regular dissolution. This process involves more forms, a mandatory waiting period (20 days minimum after the respondent is served), and potentially mediation or trial if issues are contested.
| Factor | Simplified | Regular |
|---|---|---|
| Children | No minor children | Children OK |
| Agreement Required | Full agreement on everything | Agreement not required |
| Alimony | Neither seeks alimony | Alimony can be requested |
| Timeline | 30 days possible | 60 days to 12+ months |
| Both at Hearing | Yes, required | Only petitioner required |
| Right to Appeal | Waived | Preserved |
Before you touch a single form, collect the following: both spouses' full legal names and addresses, date and place of marriage, Social Security numbers (for financial affidavits), information about children (if any), and a general inventory of assets and debts. Having this ready will save you hours of frustration.
The primary document is Family Law Form 12.901. For simplified dissolution, use Form 12.901(a). For regular dissolution with no children, use Form 12.901(b)(1). With children, use Form 12.901(b)(2) or (b)(3) depending on whether it is a joint petition.
Download these forms free from the Florida Courts Self-Help website. Fill them out completely. Any blank fields can delay your case.
Florida requires a sworn financial affidavit in nearly every divorce. If your gross annual income is under $50,000, use the Short Form Financial Affidavit (Form 12.902(b)). If it is $50,000 or more, use the Long Form (Form 12.902(c)). This document details your income, expenses, assets, and liabilities. Be thorough and honest because this is a sworn document.
Take your completed petition, financial affidavit, and any supporting documents to the clerk of the circuit court in your county. Most counties also accept e-filing through the Florida Courts E-Filing Portal. The filing fee averages approximately $409, though it varies by county.
If you cannot afford the fee, file a Motion and Affidavit for Civil Indigent Status. If approved, your fees will be waived or deferred.
In a regular dissolution, you must formally notify your spouse that the divorce has been filed. This is called service of process. Options include:
In a simplified dissolution, both spouses file the petition together, so service is not necessary.
DivorcePro organizes every document, deadline, and requirement into a clear, step-by-step action plan tailored to your Florida county.
Get Your Personalized PlanAfter being served, your spouse has 20 days to file a response (or 30 days if served outside Florida). If they do not respond, you may be able to request a default judgment, meaning the court can proceed without their participation.
Both parties must exchange financial documents within 45 days of the petition being served. If you have minor children, Florida requires both parents to complete an approved parenting course before the divorce can be finalized. These courses are available online and typically cost $25-$50.
If you and your spouse disagree on property division, alimony, child custody, or support, many courts will require mediation before scheduling a trial. Mediation involves a neutral third party helping you reach an agreement. It is less expensive and faster than going to trial.
Once all issues are resolved, either by agreement or court order, you will attend a final hearing before a judge. For a simplified dissolution, both spouses must attend. For a regular dissolution, typically only the petitioner needs to appear. The judge will review your paperwork, ask a few questions, and sign the Final Judgment of Dissolution of Marriage.
Filing fees vary slightly by county. Here are some of the most common:
| County | Filing Fee (Approx.) |
|---|---|
| Miami-Dade | $409 |
| Broward | $409 |
| Palm Beach | $409 |
| Hillsborough (Tampa) | $408 |
| Orange (Orlando) | $409 |
| Duval (Jacksonville) | $409 |
| Pinellas (St. Pete) | $408 |
Remember, additional costs may include service of process ($40-$75), parenting course fees ($25-$50), certified copies of the final judgment ($2-$5 per page), and potentially mediation fees ($100-$300 per session).
Having walked thousands of people through this process, here are the mistakes we see most often:
While many divorces can be handled without a lawyer, certain situations genuinely warrant professional legal help:
Even if you handle most of the process yourself, a one-time consultation with a family law attorney ($150-$350 for an hour) can give you peace of mind that you are not missing something critical.
At least one spouse must have been a resident of Florida for a minimum of six months immediately before filing the divorce petition. You can prove residency with a valid Florida driver's license, voter registration card, or an affidavit from a third party.
The filing fee for a divorce petition in Florida averages around $409, though it varies slightly by county. If you cannot afford the fee, you can file a Motion for Civil Indigent Status to have fees waived or deferred.
Yes. Florida allows you to file for divorce pro se (without an attorney). The Florida Supreme Court provides approved self-help forms. For uncontested divorces with no minor children and full agreement on assets, this is especially straightforward.
A Simplified Dissolution of Marriage is the fastest option, potentially finalized in as little as 30 days. Both spouses must agree on all terms, have no minor children, and both must appear at the final hearing. There is no mandatory waiting period once the petition is filed.
The primary form is the Petition for Dissolution of Marriage (Family Law Form 12.901). Depending on your situation, you may also need a Financial Affidavit (Form 12.902), Parenting Plan (Form 12.995), Child Support Guidelines Worksheet (Form 12.902(e)), and a Marital Settlement Agreement.
DivorcePro helps you identify exactly which forms you need, organizes your documents, and gives you a clear timeline based on your Florida county. No guesswork. No missed deadlines.
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