How to File for Divorce in Florida: The Complete 2026 Guide

Who can file for divorce in Florida

Florida is a no-fault divorce state. You do not need to prove wrongdoing. The only grounds needed under Fla. Stat. § 61.052 are that the marriage is irretrievably broken. You do, however, need to meet the residency rule: at least one spouse must have resided in Florida for six months before filing.

Residency is usually proved with a Florida driver's license or ID card issued at least six months ago, a Florida voter's registration, or an affidavit of a corroborating witness. For a deeper walkthrough, see our Florida residency requirements guide.

Step 1: Choose the right type of Florida divorce

Florida offers three paths. Choosing the right one at the start saves weeks of rework.

• Simplified dissolution. Both spouses agree, there are no minor or dependent children, neither spouse seeks alimony, and both are willing to sign the petition together and appear at the final hearing.
• Regular uncontested dissolution. You agree on all issues (custody, support, property, debts) but do not qualify for simplified. This is the most common path our clients take. See the uncontested divorce guide.
• Contested dissolution. One or more issues are in dispute. Expect mediation and, if needed, a trial. This path usually requires a lawyer.

Step 2: Gather the required Florida forms

Every Florida divorce starts with the state Supreme Court-approved family law forms plus any county-specific cover sheets. For a full uncontested case with children, you will typically need:

• Petition for Dissolution of Marriage
• Family Law Financial Affidavit (short or long form)
• Marital Settlement Agreement
• Parenting Plan and Child Support Guidelines Worksheet (if minor children)
• Notice of Social Security Number
• Family Law Cover Sheet (or Uniform Family Law Cover Sheet)
• Final Judgment (prepared for the judge to sign)

The definitive form set lives on flcourts.gov. See our own Florida divorce forms checklist for the exact order and what each form is for.

Step 3: Complete the financial affidavit

Every filer completes a sworn Family Law Financial Affidavit disclosing income, expenses, assets, and liabilities. Use the short form if your gross annual income is under $50,000, and the long form if it is $50,000 or more. Both spouses must file one in an uncontested case. Errors here are the most common reason uncontested paperwork gets bounced back by a clerk.

Step 4: File with the circuit court clerk

Divorce is filed in the circuit court of the county where either spouse resides. Florida requires electronic filing through the Florida Courts E-Filing Portal. Filing fees vary slightly by county but generally fall between $408 and $415, plus a small summons fee if you need the clerk to issue one for service. See our Florida e-filing walkthrough for how the portal actually works.

If you cannot afford the fee, you can apply for indigent status using the Application for Determination of Civil Indigent Status, which the clerk provides.

Step 5: Serve your spouse (or use a waiver)

After filing, your spouse must be given legal notice of the case. There are two ways:

• Formal service. A sheriff or certified process server hands your spouse the petition and summons. Once served, your spouse has 20 days to respond. This is what you use if your spouse is unavailable or unwilling to cooperate.
• Answer and Waiver of Service. If your spouse is cooperating, they sign and notarize a form waiving formal service. This is the fastest and cheapest path and is standard in most uncontested cases.

If your spouse is served and does not respond within 20 days, you can move for a default under Florida Family Law Rule 12.500. The case can then move forward without their participation.

Step 6: Attend the final hearing

In an uncontested case, the final hearing is usually short. The judge confirms the marriage is irretrievably broken, verifies you meet the residency rule, reviews the Marital Settlement Agreement and any Parenting Plan, and signs the Final Judgment of Dissolution of Marriage. Many counties allow final hearings by Zoom.

There is no statutory cooling-off period beyond the residency rule itself. Actual timing depends on how quickly the clerk processes filings and how the judge's calendar is set. Court calendar is beyond our control.

What it costs to file for divorce in Florida

You are looking at three cost buckets: the county filing fee (roughly $408 to $415), the cost of service (a process server or certified mail) if you cannot use a waiver, and either a document preparation service or attorney to prepare the paperwork. For a full breakdown, see how much an online divorce actually costs in Florida.

If you have children, property, or alimony issues

Additional documents come into play when the case is not a clean split:

• Parenting Plan and time-sharing schedule for any minor children.
• Child Support Guidelines Worksheet with the calculated support amount.
• Equitable distribution schedule for marital assets and debts.
• Alimony terms in the Marital Settlement Agreement if either spouse will pay support.

Frequently asked questions

Key takeaways

• Florida requires six months of residency by at least one spouse before filing.
• Florida is no-fault. You do not have to prove wrongdoing.
• Filing is electronic through the Florida Courts E-Filing Portal.
• An uncontested case with a signed waiver is the fastest and cheapest path.
• Court calendar is beyond our control. Timing varies by county and judge.

Disclaimer

The Quick Divorce is a self-help document preparation service for Florida residents, not a law firm. This article is general information, not legal advice. Florida law can change; confirm your situation with a licensed Florida attorney.