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Florida Divorce Roadmap
What actually happens in a Florida uncontested divorce, in order: residency, the petitions, the disclosures, and the mistakes that slow cases down. General information, not legal advice.
The requirement that matters most
One spouse must have lived in Florida for the 6 months immediately before filing (Florida Statutes section 61.021), and it has to be proven: a Florida driver's license, ID card, or voter registration issued at least 6 months before filing, a witness who can confirm it, or a sworn Affidavit of Corroborating Witness (Form 12.902(i)). There is no separate waiting period after filing, so an uncontested case with no children can finish in a few weeks once a hearing date is available.
The process, stage by stage
Florida divorces use the Florida Supreme Court's approved family law forms (the 12.900 series). Every uncontested case moves through the same stages.
1. Residency and Choosing Your Petition
One spouse must have lived in Florida for the 6 months immediately before filing, and residency must be proven, not just stated. Then pick the petition that matches your situation: the joint simplified track if you meet every eligibility rule below, otherwise the regular 12.901(b) petition keyed to whether you have children or property.
| 12.901(a) | Joint Petition for Simplified Dissolution of Marriage (both spouses file together; strict eligibility, see below) |
| 12.901(b)(1) | Petition for Dissolution of Marriage with Dependent or Minor Child(ren) |
| 12.901(b)(2) | Petition for Dissolution of Marriage with Property but No Dependent or Minor Child(ren) |
| 12.901(b)(3) | Petition for Dissolution of Marriage with No Dependent or Minor Child(ren) or Property |
2. Filing with the Clerk
The petition is filed with the circuit court clerk in the appropriate county, with a filing fee of about $295 (set by statute; some clerks collect slightly more in authorized surcharges). If you can't afford the fee, file an Application for Determination of Civil Indigent Status with your petition. Self-represented filers may use Florida's statewide e-filing portal or file on paper; attorneys must e-file.
| 12.928 | Cover Sheet for Family Court Cases |
| 12.902(i) | Affidavit of Corroborating Witness (one way to prove the 6-month residency requirement) |
3. Serving Your Spouse
In a regular (non-joint) case, the petition must be personally served on your spouse by a deputy sheriff or private process server. The respondent then has 20 days to file an answer or counterpetition. If they don't, the petitioner can move for a default and proceed without their participation.
| 12.922(a) | Motion for Default (if the respondent doesn't answer within 20 days) |
4. Financial Disclosures
Both spouses complete a Family Law Financial Affidavit, short or long form depending on individual gross annual income. In the simplified joint track, financial affidavits work differently because the spouses have already divided everything by agreement; follow the 12.901(a) instructions.
| 12.902(b) | Family Law Financial Affidavit, short form (individual gross income under $50,000 a year) |
| 12.902(c) | Family Law Financial Affidavit, long form ($50,000 a year or more) |
5. Settlement Agreement and Parenting Course
In an uncontested case, the spouses put their agreement in writing with a Marital Settlement Agreement matched to their petition. When there are minor children, both parents must also complete the Parent Education and Family Stabilization Course (the petitioner within 45 days of filing, the other party within 45 days of service), and the UCCJEA Affidavit is required.
| 12.902(f) | Marital Settlement Agreement (matched to the petition you filed) |
| 12.902(d) | UCCJEA Affidavit (required when there are minor children) |
6. Final Hearing and Judgment
Florida has no separate statutory waiting period between filing and final judgment. Once service, disclosures, and (with children) the parenting course are complete, the case goes to a short final hearing; in the simplified track both spouses attend together. A wholly uncontested case with no minor children can conclude in as little as a few weeks, subject to your circuit's scheduling.
| 12.990(a) | Final Judgment of Simplified Dissolution of Marriage (some circuits prepare this at the hearing instead) |
Do you qualify for simplified dissolution?
The joint simplified track (Form 12.901(a)) is Florida's fastest path, but only when every one of these is true, per the form's own official instructions:
- Both spouses agree the marriage cannot be saved
- No minor or dependent children together, and the wife is not currently pregnant
- Assets and debts are already divided by agreement, and both spouses are satisfied with that division
- Neither spouse is seeking alimony
- Both spouses are willing to give up the right to trial and appeal
- Both spouses will attend the final hearing together
Grounds: Florida is a no-fault state
The only grounds are that the marriage is irretrievably broken, or that one spouse has been adjudged mentally incapacitated for at least the preceding 3 years (Florida Statutes section 61.052). Adultery, cruelty, and other fault grounds do not exist in Florida divorce law, and you never have to prove misconduct to get divorced.
If you can't afford the filing fee
Florida clerks accept an Application for Determination of Civil Indigent Status (authorized by Florida Statutes sections 57.081 and 57.082), filed together with your petition. The clerk determines eligibility, and an applicant who is denied can ask a judge to review the decision at no charge.
Common mistakes that slow a case down
- Filing before either spouse meets the 6-month Florida residency requirement, or forgetting you must prove it (Florida ID issued 6+ months ago, a witness, or Form 12.902(i))
- Picking the wrong petition: the 12.901(b) series has three versions, keyed to whether you have children and property
- Serving the papers yourself: the initial petition must be personally served by a deputy sheriff or private process server
- Missing the 20-day window to answer after being served
- Skipping the financial affidavit, or using the short form when your income requires the long form
- With children: not finishing the Parent Education and Family Stabilization Course (the petitioner has 45 days from filing)
Where to get help
Florida Courts Help (flcourts.gov, under Florida Courts Help) publishes every official family law form with instructions, and many circuits have self-help centers that can answer procedural questions, though staff can't give legal advice. For advice specific to your situation, talk to a licensed Florida attorney.
Virdix prepares every form on this roadmap for you, in order, from your answers.
Start my filing freeThis roadmap is general information about Florida family court procedure, not legal advice for your situation. Virdix is a document preparation service, not a law firm. Sources: the Florida Statutes, the Florida Family Law Rules of Procedure and their approved forms, and the Florida Courts self-help resources.