How to File for Divorce in Florida

How to File for Divorce in Florida

Filing for divorce in Florida without a lawyer is entirely legal — the courts call it filing "pro se" — but the process has strict deadlines and form requirements that trip up thousands of filers every year. Here is the actual sequence, from first paperwork to final judgment.

Confirm You Meet Florida's Residency Requirement

At least one spouse must have lived in Florida continuously for the past six months before filing (Fla. Stat. § 61.021). You will need to prove this at your final hearing with one of four accepted documents: a Florida driver's license, a state ID card, a voter registration card (all issued at least six months before filing), or a sworn affidavit from a third-party Florida resident who can verify your residency.

File in the circuit court of the county where you last lived together as a married couple, or the county where your spouse currently lives. Filing in the wrong county gives your spouse grounds to request a venue transfer — adding weeks or months of delay.

Choose Your Dissolution Path

Florida recognizes four procedural paths, and choosing the wrong one can force you to refile:

Simplified Dissolution — the fastest track. Both spouses must appear at the final hearing together, and you must have no minor children, no pregnancy, no alimony claims, and full agreement on dividing everything. Cases can finalize in 30 to 60 days.

Regular Uncontested — for couples with children or property who still agree on everything. One spouse files the petition; the other responds. Expect 30 to 90 days.

Default Dissolution — when your spouse is served but never responds within 20 days, you can request a default judgment and present your case alone.

Contested — when you cannot agree on even one major issue, the court schedules mediation and potentially a trial. These cases routinely take 9 to 18 months or longer.

File Your Initial Packet

Submit your documents through the Florida Courts E-Filing Portal (myflcourtaccess.com). Your packet includes the Petition for Dissolution (Form 12.901 — the version depends on your situation), a Civil Cover Sheet (Form 12.928), Notice of Related Cases (Form 12.900(h)), Notice of Social Security Number (Form 12.902(j), filed confidentially), and your mailing/email designation (Form 12.915).

The base filing fee runs approximately $400 to $410 depending on the county. If you cannot afford it, file a Civil Application for Determination of Civil Indigent Status under Fla. Stat. § 57.082 at the same time. If approved, the fee is waived entirely.

Serve Your Spouse

Unless your spouse signs a Waiver of Service, you must arrange formal service within 120 days of filing. Options include the county sheriff ($40 to $100) or a certified private process server. After service, the server files proof with the court.

Your spouse then has 20 calendar days to file a written response. If they do not respond, you can file a Motion for Default (Form 12.922(a)) along with a Non-Military Affidavit (Form 12.912(b)) to move the case forward.

Complete Mandatory Financial Disclosures

Within 45 days of service, both parties must exchange financial disclosures under Rule 12.285. Which financial affidavit you file depends on your gross annual income: Form 12.902(b) (Short Form) if under $50,000, or Form 12.902(c) (Long Form) if $50,000 or more.

Missing this deadline can lead to sanctions, including having your pleadings struck or being held in contempt.

Attend Your Final Hearing

Florida has a minimum 20-day waiting period from the filing date before any divorce can be finalized (Fla. Stat. § 61.19). At the hearing, bring your Florida ID to prove residency. The judge reviews your settlement agreement, confirms the marriage is irretrievably broken, and signs the Final Judgment of Dissolution.

What the Filing Sequence Actually Looks Like

The biggest challenge for pro se filers is not finding the free court forms — it is knowing the exact order to file them and which deadlines to track. The Florida Divorce Filing Process Guide walks through each phase with deadline trackers, financial disclosure worksheets, and a form-by-form filing sequence so nothing falls through the cracks.

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