Filing for divorce in Florida means completing the Florida Family Law Rules of Procedure forms that match your situation, filing them with the clerk of the circuit court in your county, serving your spouse unless you file jointly, and moving the case through disclosure, any required parenting course, and a final hearing before a judge signs your Final Judgment of Dissolution of Marriage.
Quick Answer: To file for divorce in Florida, confirm at least one spouse has lived in the state for 6 months, choose between the simplified joint track and the standard petition, complete your forms (Petition, Financial Affidavit, Cover Sheet, and others depending on children and property), file with the circuit court clerk either online through the Florida Courts E-Filing Portal or in person, pay the $295 statewide filing fee (Fla. Stat. § 28.241) or request a fee waiver, serve your spouse unless filing jointly, exchange mandatory disclosure, complete a parenting course if you have minor children, and finalize at a hearing.
The Florida Divorce Process at a Glance
Florida law calls divorce "dissolution of marriage," and the state uses a no-fault standard: you only have to state that the marriage is "irretrievably broken" (Fla. Stat. § 61.052), not prove fault by either spouse. Florida also has no legal separation as a distinct legal status; couples who want to live apart without divorcing rely on private agreements rather than a court filing. See our guide, Does Florida Have Legal Separation?, for what that actually means in practice.
Every Florida divorce, however simple or complex, moves through the same general sequence:
- Confirm at least one spouse meets Florida's 6-month residency requirement
- Choose between the simplified joint track and the standard petition
- Complete your Petition, Financial Affidavit, Cover Sheet, and any other required forms
- File with the clerk of the circuit court, online or in person
- Pay the filing fee, or file for a fee waiver
- Serve your spouse (unless you are filing a joint petition together)
- Exchange mandatory financial disclosure
- Complete a parenting course if you have minor or dependent children
- Attend your final hearing and receive your signed Final Judgment
The rest of this guide walks through each step in order, with links to our detailed guides on the individual forms.
Step 1: Confirm You Meet the Residency Requirement
Before you can file, at least one spouse must have lived in Florida for at least 6 months immediately before the petition is filed (Fla. Stat. § 61.021). You prove this with a valid Florida driver's license, Florida ID card, or voter registration card issued at least 6 months before you file, or, if you do not have one of those documents, a signed Affidavit of Corroborating Witness (Form 12.902(i)) from someone who can testify to your residency.
For the full rule, including what to do if you recently moved to Florida or are stationed here on military orders, see our guide on the Florida divorce residency requirement.
Step 2: Choose Simplified or Regular Dissolution
Florida offers two distinct paths, and picking the right one before you start saves you from filing the wrong forms:
- Simplified dissolution uses a single joint petition, Form 12.901(a), signed by both spouses together. It is only available if you have no minor or dependent children together (and the wife is not currently pregnant), have already agreed on how to divide your property and debts, neither of you wants alimony, and you are both willing to give up the right to trial and appeal and attend one final hearing together. See our guide to Florida Form 12.901(a) for the full eligibility checklist.
- Regular dissolution uses the standard Form 12.901(b) series, filed by one spouse (the Petitioner) and served on the other (the Respondent). This is the track for any case that does not meet every simplified eligibility requirement, including any case with minor children, unresolved property issues, or a request for alimony.
For a side-by-side comparison of when each track fits, see Simplified vs. Regular Dissolution of Marriage in Florida.
Step 3: Complete Your Forms
Which forms you need depends on your track and your household. At minimum, most Florida divorces involve:
- Petition for Dissolution of Marriage. Form 12.901(a) for the joint simplified track, or the matching 12.901(b) form for a regular dissolution: Form 12.901(b)(1) if you have minor children, Form 12.901(b)(2) if you have property but no children, or Form 12.901(b)(3) if you have neither.
- Civil Cover Sheet for Family Court Cases, Form 12.928, filed with your first pleading. See our guide to Form 12.928.
- Family Law Financial Affidavit, Form 12.902, unless both spouses waive it in writing. See our guide to Form 12.902.
- Designation of Current Mailing and E-Mail Address, Form 12.915, required of every party in a family law case. See our guide to Form 12.915.
- If your spouse is served (not a joint petition), the Summons, Form 12.910(a), is issued with your petition. See our guide to Form 12.910(a).
- If you have minor children, a Uniform Child Custody Jurisdiction and Enforcement Act (UCCJEA) Affidavit, Form 12.902(d), a Child Support Guidelines Worksheet, Form 12.902(e), a Parenting Plan, Form 12.995(a), and a Notice of Social Security Number, Form 12.902(j) are generally required. See our guides to Form 12.902(d), Form 12.902(e), Form 12.995(a), and Form 12.902(j).
- If you have reached a written agreement on property, debts, support, or parenting, a Marital Settlement Agreement, Form 12.902(f). See our guide to Form 12.902(f).
- Near the end of the case, a Certificate of Compliance with Mandatory Disclosure, Form 12.932, and a Final Judgment of Dissolution of Marriage, one of the Form 12.990 series. See our guides to Form 12.932 and the Final Judgment forms.
For a printable version of this list organized by situation, see our Florida uncontested divorce checklist.
Step 4: File With the Clerk, Online or In Person
Florida divorces are filed with the clerk of the circuit court in the county where you or your spouse lives, not with any state agency. You have two ways to file:
- Electronically, through the statewide Florida Courts E-Filing Portal. Self-represented filers submitting a dissolution, paternity, or related family law case generally have their initial documents reviewed for sufficiency by the clerk's self-help program before the portal accepts the filing; some circuits waive this for good cause. The portal also offers a guided DIY Florida interview that walks you through preparing forms before you file.
- In person, at the clerk of court's office in your county, where you bring your completed, signed, and (where required) notarized paperwork to the filing window.
Either way, the forms you file are identical; e-filing changes how you submit them, not what the court requires. See our guide, Can You File for Divorce Online in Florida?, for more detail on that option specifically.
Step 5: Pay the Filing Fee or Request a Fee Waiver
The statewide circuit court filing fee for a Florida dissolution of marriage is $295 under Fla. Stat. § 28.241, though most clerks also assess a handful of smaller, separately authorized charges (such as the fee to issue a summons) at the time you file, so the total you pay at the counter is often somewhat higher than the base fee alone; confirm the exact total with your county clerk before you file. If you cannot afford the fee, you can file an Application for Determination of Civil Indigent Status (Fla. Stat. § 57.082) with your petition, and the clerk will determine whether you qualify to have the fee waived or deferred.
For a full breakdown of every cost involved in a Florida divorce, not just the filing fee, see How Much Does a Divorce Cost in Florida?
Step 6: Serve Your Spouse (Unless You File Jointly)
If you filed a joint simplified petition, both spouses already signed together and no separate service is required. If you filed a standard petition alone, your spouse must be formally served with a copy of the filed Petition and Summons (Form 12.910(a)) by someone authorized to serve process, generally the county sheriff or a certified private process server; you cannot serve your own spouse yourself.
Once served, your spouse generally has 20 days to file a written response (Florida Family Law Rule of Procedure 12.140). If they do not respond in that window, you can generally move for a default and proceed with the case. See our guides on how to serve divorce papers in Florida and what happens if you don't respond to divorce papers in Florida for what comes next in each scenario.
Step 7: Exchange Mandatory Financial Disclosure
Florida family law cases require both spouses to exchange financial information under Florida Family Law Rule of Procedure 12.285, generally including income documentation, tax returns, and account statements, in addition to the Financial Affidavit filed with the court. Once both sides have exchanged what is required (or the parties have agreed in writing to waive part of it, where the rule allows), each side files a Certificate of Compliance with Mandatory Disclosure, Form 12.932. See our guide to Form 12.932 for exactly what it certifies.
Step 8: Complete the Parenting Course if You Have Minor Children
If your case involves minor or dependent children, Florida law requires both parents to complete a court-approved Parent Education and Family Stabilization Course (Fla. Stat. § 61.21) and file proof of completion with the court before a final judgment can be entered. The course does not have to be taken together, and providers charge their own fee for it. See our guide, Florida Divorce With Minor Children: The Parenting Course Requirement, for how to find an approved provider and what the course covers.
Step 9: Attend Your Final Hearing and Get Your Final Judgment
Every Florida dissolution, simplified or regular, ends with a final hearing before a judge. For a simplified case, both spouses attend together, and the hearing is often brief if everything is in order. For a regular case, the Petitioner (and the Respondent, if contested issues remain) appears, and the judge reviews the settlement agreement or, if the parties disagree, holds a trial on the remaining issues.
Once the judge is satisfied that every requirement has been met, including disclosure and, if applicable, the parenting course, the court signs a Final Judgment of Dissolution of Marriage, one of the Form 12.990 series. Your marriage is legally over once that judgment is signed and filed. See our guide to the Final Judgment forms for what each version covers, and see Florida Name Change After Divorce if you plan to resume a former name as part of your judgment.
Common Mistakes to Avoid
- Filing the joint simplified petition when you actually have a minor or dependent child, or unresolved property issues, which disqualifies the simplified track
- Leaving out proof of Florida residency, or relying on documentation issued less than 6 months before filing
- Forgetting to file the Civil Cover Sheet for Family Court Cases (Form 12.928) with your first pleading
- Missing the 20-day window to respond once served, which can lead to a default
- Skipping mandatory disclosure or the Certificate of Compliance (Form 12.932)
- Waiting until the last minute to complete the parenting course when minor children are involved, since the final judgment cannot be entered without it
Frequently Asked Questions
How do you file for divorce in Florida?
You file for divorce, called "dissolution of marriage" under Florida law, by completing the Florida Family Law Rules of Procedure forms that match your situation (a petition, a financial affidavit unless waived, a cover sheet, and others depending on whether you have minor children or property to divide), then filing them with the clerk of the circuit court in the Florida county where you or your spouse live, either electronically through the Florida Courts E-Filing Portal or in person at the clerk's office. You pay the filing fee (or request a fee waiver), serve your spouse unless you are filing jointly, exchange financial disclosure, complete a parenting course if you have minor children, and finalize the case at a hearing or by default if your spouse does not respond.
How long does it take to file for divorce in Florida?
Completing and filing your initial paperwork can often be done in a single day. What takes longer is the rest of the case: your spouse generally has 20 days to respond once served, disclosure has to be exchanged, and any case involving minor children requires a completed parenting course before a final judgment can be entered. A cooperative, uncontested case with no property or custody disputes can sometimes finalize in a matter of weeks; a contested case can take many months.
Do you need a lawyer to file for divorce in Florida?
No. Florida does not require an attorney to file for or complete a divorce, and every circuit court accepts self-represented (pro se) filers. Many people prepare their own paperwork using the official Florida Family Law Rules of Procedure forms, sometimes with help from a document preparation service. Cases involving contested custody, significant assets, or any safety concerns are generally better suited to a licensed Florida family law attorney.
What is the first form you file to start a Florida divorce?
A Petition for Dissolution of Marriage, one of the Form 12.901 series. Which exact version depends on your situation: a joint petition (Form 12.901(a)) if you and your spouse agree on everything and have no minor children, or a standard petition (the 12.901(b) series) filed by one spouse (the Petitioner) and served on the other (the Respondent) otherwise. It is filed along with a Civil Cover Sheet for Family Court Cases (Form 12.928) and, in most cases, a Family Law Financial Affidavit (Form 12.902).
Can you file for divorce online in Florida?
You can complete your paperwork with a guided document preparation service and, in most Florida circuits, submit it electronically through the statewide Florida Courts E-Filing Portal instead of filing in person. Self-represented filers submitting a dissolution, paternity, or related family case generally have their documents checked for sufficiency by the clerk's self-help program before the portal accepts the filing. See our guide on [filing for divorce online in Florida](/blog/can-you-file-for-divorce-online-in-florida) for the full mechanics.
What happens after you file for divorce in Florida?
If you filed a standard petition alone, you must formally serve your spouse, who then has 20 days to file a written response. If they do not respond, you can generally move for a default. Once the case is at issue, both spouses exchange mandatory financial disclosure, and if you have minor children, both parents must complete the Parent Education and Family Stabilization Course. The case ends with a final hearing (required in every case, though sometimes brief for uncontested cases) and a signed Final Judgment of Dissolution of Marriage.
Can Virdix help me file for divorce in Florida?
Yes. Virdix is a document preparation service that asks you plain-language questions and prepares the matching Florida Family Law Rules of Procedure forms for your situation, whether that is the simplified joint track or the standard petition. Virdix is not a law firm and does not provide legal advice. Start free, and pay once, only when your documents are ready.
How Virdix Helps
Virdix checks whether you and your spouse qualify for Florida's joint simplified dissolution track and prepares the matching Florida Family Law Rules of Procedure forms from your answers, whether that means the simplified petition or the standard petition for your situation. Start free. Pay once, only when your documents are ready. See Divorce in Florida on Virdix for the full picture of what Virdix covers in Florida today.
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This article is for informational purposes only and does not constitute legal advice. Virdix is a document preparation service, not a law firm, and does not provide legal advice. Forms, fees, and procedures can change; always confirm current information with the Florida Courts or your circuit court clerk. For advice about your specific situation, consult a licensed Florida attorney.
Sources: Florida Courts (flcourts.gov), Florida Courts E-Filing Portal (myflcourtaccess.com), Chapter 61 and Chapter 28, Florida Statutes, Florida Family Law Rules of Procedure