Ready to start your Florida divorce? Download our step-by-step checklist to ensure you have all the forms you need.
Get your divorce papersWhat Divorce Papers needs to be valid in Florida
- Be a Florida resident for at least 6 months before filing.
- Meet the grounds for divorce: either no-fault (irretrievable breakdown) or fault-based (e.g., adultery, extreme cruelty) – most choose no-fault.
- Complete the required divorce forms (Petition, Summons, Financial Affidavits, etc.).
- If you have minor children, both parents must complete a Parenting Course.
- If you and your spouse agree on all terms, you can file for an uncontested divorce.
- Have valid identification and be prepared to sign forms in front of a notary.
How to set up a Divorce Papers in Florida
- Determine which Florida county to file in – the county where either you or your spouse resides.
- Gather the necessary divorce forms: Petition for Dissolution of Marriage, Summons, and other required documents.
- Fill out the forms accurately, providing details about your marriage, assets, debts, and children if any.
- Sign the forms in the presence of a notary public and file them with the county clerk's office.
- Pay the filing fee (or request a fee waiver if you qualify).
- Have your spouse served with the divorce papers by a sheriff or private process server, or they may sign an acceptance of service.
How much it costs
The filing fee for divorce in Florida varies by county, typically ranging from $300 to $400. Additional costs may include notary fees, service of process, and the mandatory parenting course. If you cannot afford the fees, you can apply for a fee waiver.
Before You Begin: Florida Divorce Checklist
Gather the right information and documents before starting your Florida divorce papers to save time and avoid common filing delays.
- Meet Florida's residency requirement: you or your spouse must have lived in the state for at least 6 months before filing.
- Have the legal name, address, and date of birth of your spouse, as well as the date and place of your marriage.
- Decide if you have grounds: Florida is a no-fault state, so "irreconcilable differences" is the standard reason.
- Gather financial documents: income, expenses, assets, debts, and any existing agreements (e.g., prenuptial).
- Know that Florida requires both spouses to disclose financial information and attend a parenting course if you have minor children.
- File your completed papers at the circuit court in the county where either you or your spouse resides, and be aware that notarization of the petition is not required but is for the financial affidavit.
Questions people ask
Do I need a lawyer to file for divorce in Florida?
No, you can file for divorce on your own, especially if it's an uncontested divorce with no minor children or property issues. However, consulting a lawyer can help ensure your paperwork is correct and your rights are protected.
How long does it take to get a divorce in Florida?
An uncontested divorce can be finalized in as little as 2-3 months, but it depends on court schedules and whether both parties agree. Contested divorces can take a year or more.
What are the residency requirements for filing divorce papers in Florida?
At least one spouse must have lived in Florida for 6 months before filing. The filing must be done in the county where the resident spouse lives.
Can I file for divorce online in Florida?
You can prepare the forms online, but you must file them with the court either in person or by mail. Some counties allow e-filing, so check with your local clerk.