How to File for Divorce in Florida: Steps, Timeline, and Costs

Deciding to end a marriage is hard, and the paperwork should not make it harder. If you want to file for divorce in Florida, the process follows the same basic steps in every county, from Pensacola to Miami.

In short, you meet the six-month residency rule, file a petition with the clerk, have your spouse served, exchange financial information, and finish with a final judgment. How long it takes and what it costs depend mostly on whether you and your spouse agree.

Florida law calls divorce a dissolution of marriage. Below is each step in plain language, with the deadlines and fees set by Florida law. If you would rather have someone guide you, the divorce lawyers at Weldon Law Group can explain your options.

What You Need Before You File for Divorce in Florida

Florida has two basic requirements, and neither involves proving that anyone did something wrong.

• Residency. At least one spouse must have lived in Florida for six months before filing, under Section 61.021 of the Florida Statutes. You can prove it with a Florida driver license, ID card, or voter registration card, or with a sworn statement from someone who knows you have lived here that long.
• Grounds. Florida is a no-fault state. You only need to state that the marriage is irretrievably broken, which simply means it cannot be saved.

You also need the right county. Usually that is the county where your spouse lives or where you last lived together as a married couple. If your spouse lives outside Florida, you can generally file where you live.

Before you file, gather pay stubs, tax returns, bank statements, and a list of what you own and owe. You will need them for financial disclosure.

Uncontested, Contested, or Simplified: Which Divorce Fits Your Situation?

These terms describe how much the spouses agree, and that decides which path the case takes.

A contested case does not have to stay that way. An agreement reached at any stage can make it uncontested. Our guide to uncontested divorce in Florida explains what you need to agree on and whether you have to go to court.

Simplified Dissolution of Marriage

A simplified dissolution of marriage is the fastest option, but it has strict limits. Under Florida Family Law Rule 12.105, both spouses must state under oath that they have no minor or dependent children together, the wife is not pregnant, and they have already divided their property and debts.

Neither spouse may ask for alimony, both give up the right to a trial and appeal, and both must appear before the judge at the final hearing. If any of this does not fit, use the regular petition.

The Divorce Process in Florida, Step by Step

1. Choose the right petition. Forms are split by situation: with children, with property but no children, or with neither. The free DIY Florida interview tool prepares them for you.
2. File with the clerk of the circuit court, in person or online through the Florida Courts E-Filing Portal.
3. Pay the filing fee, or apply for civil indigent status if you cannot afford it.
4. Serve your spouse with the petition and a summons.
5. Wait for the response. Your spouse usually has 20 days after service to answer.
6. Exchange financial information within 45 days of service.
7. Complete the parenting course if you have minor children.
8. Try to settle, often through mediation.
9. Attend the final hearing, where the judge signs the final judgment.

Serving Your Spouse, Even If You Can’t Find Them

You cannot mail the papers or hand them over yourself. A sheriff’s deputy or certified process server delivers them. A cooperative spouse can sign an answer and waiver form instead.

You do not need your spouse’s signature to get divorced. If your spouse is served and does not respond within 20 days, you can ask the clerk to enter a default and move forward. You will also file a sworn statement about whether your spouse is on active military duty.

If you truly cannot find your spouse, you can use service by publication after a diligent search. The notice runs once a week for four weeks in a local newspaper.

Publication lets the court end the marriage, but the judge generally cannot order an absent spouse to pay alimony or child support. If you know where your spouse lives, even abroad, you must try personal service first.

Financial Disclosure: Forms, Proof, and Deadlines

Under Florida Family Law Rule 12.285, each spouse must give the other a financial affidavit within 45 days of service. The short form is for income under $50,000 a year, and the long form is for $50,000 or more. Spouses cannot agree to skip it.

The affidavit comes with proof, including three years of tax returns and W-2 or 1099 forms. Missing documents are one of the easiest ways to stall a divorce.

Filing for Divorce in Florida With Children

With minor children, the court must approve a plan for the children before it finalizes the divorce.

• Parenting plan. It sets time-sharing (Florida’s term for the custody schedule), decision-making, and holidays. Since 2023, Florida presumes that equal time-sharing is best for the child, although a parent can challenge that with evidence. Our guide to 50/50 custody in Florida explains how judges apply it.
• Child support. It is calculated from both incomes and each parent’s overnights.
• Parenting course. Both parents must complete a four-hour course, available online, within 45 days of filing or service, and file proof before the final judgment.
• Where the children live. In most cases, the children must have lived in Florida for the six months before you file for a Florida judge to decide time-sharing.

When there are children, or when one spouse denies the marriage is broken, Section 61.052 lets the judge order counseling or pause the case for up to three months. Once the judge finds the marriage is irretrievably broken, the divorce must be granted.

How Long Does a Divorce Take in Florida?

A Florida divorce takes at least 20 days, and most take longer. Under Section 61.19, a judge cannot sign the final judgment sooner unless the delay would cause an injustice.

Florida’s court time standards set goals of about 90 days for an uncontested divorce and 180 days for a contested one. These are targets, not guarantees. A simplified dissolution can finish in weeks, while a contested case that goes to trial can take a year or more.

Delayed service, missing financial documents, waiting for mediation, and disputes over the children or the house are what usually slow a case down.

How Much Does It Cost to File for Divorce in Florida?

The filing fee is about $408 in most Florida counties, plus $10 per summons. Add the sheriff’s $40 service fee, and the basic court costs start at about $458. A simplified dissolution, where no one needs to be served, usually costs only the filing fee. Check your county clerk’s fee schedule before you file.

Other costs can include the parenting course, mediation, and attorney fees. Court family mediation costs $60 per person per session when combined income is under $50,000 and $120 between $50,000 and $100,000. Attorney fees are the biggest variable and depend mostly on how much you disagree.

If you cannot afford the fees, apply to the clerk for civil indigent status. You generally qualify with household income at or below 200 percent of the federal poverty guidelines, and you can then file without paying up front and pay court costs through a payment plan.

Can You File for Divorce in Florida Without a Lawyer?

Yes. Florida does not require a lawyer, the forms are free, and many clerk offices run self-help centers. A short marriage with no children and little property is often manageable on your own.

It gets riskier as the stakes rise. Talk to a lawyer if:

• Either spouse may ask for alimony. Florida ended permanent alimony in 2023, and the remaining types have limits. See our guide to alimony in Florida.
• You own a home, business, or retirement accounts. Florida starts from an equal split of marital property, but separating what each spouse owned before the marriage can lead to disputes. Learn more about property division in a Florida divorce.
• There is domestic violence, or your spouse already has a lawyer.
• You or your spouse is not a U.S. citizen.

A final judgment is hard to change, and a mistake about a pension or the house can cost far more than the legal fees you saved.

The Florida Divorce Process When a Spouse Is Not a U.S. Citizen

For immigrant families, a divorce can change a green card case or a citizenship timeline. Divorce courts do not decide immigration questions, so plan for them before you file.

If a marriage-based green card application is still pending, a divorce generally ends it, with narrow exceptions such as for spouses who suffered abuse.

The three-year path to citizenship also requires being married to and living with your citizen spouse, so after a divorce most green card holders wait for the standard five years. A divorce does not cancel a 10-year green card.

If Your Green Card Is Still Conditional

With a two-year conditional green card, you normally file Form I-751 with your spouse. After a divorce, you can file alone with a waiver by showing you married in good faith, along with the final divorce decree.

Our guide to removing conditions on a green card walks through the form, and this article on how a divorce can affect your immigration status covers other situations.

Talk to Weldon Law Group Before You File

Choosing the right path, dividing a home or retirement account, and writing a parenting plan are the parts of a divorce that are hardest to undo later.

Weldon Law Group handles both family law and immigration law, so we can look at your children, finances, and status together. Contact Weldon Law Group to talk through your situation before you file.

Frequently Asked Questions