Blog
How to File for Divorce in Florida: Step-by-Step Guide
To file for divorce in Florida, one spouse must generally have lived in Florida for at least six months before the case is filed. You must then choose the correct divorce process, prepare the forms required for your situation, file them with the appropriate circuit court and complete any additional steps required by the court.
The correct process depends largely on whether your spouse will cooperate, whether your spouse can be located, and whether the divorce involves minor children, property, debts, support or other unresolved issues.
Divorce in Florida Online is a Florida-based, nonlawyer document-preparation service. For more than 15 years, we have helped Florida residents prepare and file divorce paperwork throughout all 67 counties.
Three Ways to Start a Florida Divorce
Before preparing divorce papers, you need to identify the filing path that matches your circumstances.
| Your situation | Likely filing path | What generally happens |
|---|---|---|
| Both spouses agree and will sign | Mutual-agreement divorce | The spouses prepare and sign the required documents without formal service of process. |
| Your spouse will not sign, but you know where the spouse can be found | Divorce by summons | The divorce papers are formally served by a sheriff or authorized process server. |
| You cannot locate your spouse after making the required search efforts | Divorce by publication | Additional search, affidavit and legal-notice requirements apply. |
This distinction matters. Filing the wrong papers or using the wrong service procedure can delay the case and require additional documents.
Step 1: Confirm Florida’s Residency Requirement
Under Florida Statute §61.021, at least one spouse must have resided in Florida for six months before the petition for dissolution of marriage is filed.
Residency may be established using acceptable evidence such as a Florida driver license, Florida identification card, voter-registration information or corroborating testimony or an affidavit, depending on the circumstances and the court’s requirements.
You do not necessarily need to have been married in Florida. The important initial question is whether one spouse meets Florida’s residency requirement.
Step 2: Identify What the Divorce Involves
The required divorce papers depend on the issues involved in the marriage. Before filing, determine whether the case includes:
- Minor or dependent children
- A current pregnancy
- Real estate, vehicles or other property
- Bank accounts, retirement accounts or investments
- Credit cards, loans or other marital liabilities
- Child support
- Alimony or spousal support
- A request to restore a former name
A divorce involving children requires different paperwork from a divorce without children. Cases involving children generally require a parenting plan, child-support calculations and completion of an approved parenting course.
Florida Courts publishes several different petitions and supporting forms. There is not one universal packet that fits every Florida divorce.
Step 3: Determine Whether Your Spouse Will Cooperate
Florida is a no-fault divorce state, which means a spouse generally does not have to prove adultery, abandonment or other misconduct to request a divorce. The usual basis is that the marriage is “irretrievably broken.”
However, no-fault does not mean that every divorce is uncontested. The spouses may still disagree about property, debts, parenting arrangements, child support, alimony or other issues.
If both spouses agree and will sign the necessary documents before filing, the case may qualify for a mutual-agreement process.
If your spouse will not sign but can be located, you may still start the case through formal service with a summons. If the spouse cannot be located, publication may be considered after completing the required search efforts.
Step 4: Prepare the Correct Florida Divorce Papers
The petition begins the divorce case, but it is rarely the only document required. Depending on the case, the filing package may also include:
- A petition for dissolution of marriage
- A civil cover sheet
- A notice of Social Security number
- Financial affidavits or an applicable waiver
- A marital settlement agreement
- A parenting plan
- Child-support guideline worksheets
- UCCJEA information when minor children are involved
- Supporting affidavits
- A summons and service documents
- Proposed final-judgment documents
Financial affidavits cannot be assumed to be waived in every mutual-agreement divorce. Whether an exception or waiver applies depends on the type of case, the issues involved and applicable court rules.
You can review the official forms through the Florida Courts Family Law Forms directory.
Step 5: Sign, Notarize and File the Documents
Some Florida divorce documents must be signed before a notary or deputy clerk. Remote online notarization may be available when the document and circumstances qualify.
After the documents are signed, the case is filed with the appropriate Florida circuit court. Filing options and local requirements can vary. Self-represented filers may be able to use Florida’s court e-filing system, file through the clerk or follow another procedure provided by the applicable clerk of court.
A court filing fee is normally required. People with limited income or assets may apply for civil indigent status. Our Florida divorce filing-fee-waiver guide explains the application and qualification factors.
Step 6: Complete Service or Obtain the Required Signatures
If Both Spouses Are Cooperating
In a mutual-agreement case, both spouses complete the required signatures and notarizations. Formal service with a summons is generally unnecessary when the respondent properly signs the applicable documents and waives service.
A hearing may be avoided in qualifying cases, but a no-hearing result should not be treated as guaranteed in every court or every case. Learn more in our Florida no-court-hearing divorce guide.
If Your Spouse Must Be Served
If your spouse has not voluntarily accepted the case documents, the clerk may issue a summons. The required papers are then delivered through proper service of process, usually by a sheriff or authorized private process server.
After personal service, the respondent generally has 20 days to file a response. What happens next depends on whether a response is filed and whether any issues are disputed.
If You Cannot Locate Your Spouse
Publication is not simply an alternative chosen for convenience. You generally must complete and document diligent search efforts before asking to use constructive service.
If you are unsure whether your situation requires summons or publication, start with our guide to filing for divorce without your spouse’s cooperation.
Step 7: Complete the Remaining Court Requirements
Filing the initial paperwork starts the case; it does not complete the divorce. Depending on the filing path, the remaining steps may include:
- Waiting for the respondent’s deadline to expire
- Filing proof of service
- Completing mandatory financial disclosure
- Completing a parenting course
- Responding to a court deficiency notice
- Participating in mediation
- Requesting a default when legally appropriate
- Scheduling or attending a final hearing
- Submitting proposed final documents
Florida law generally prevents entry of a final divorce judgment until at least 20 days have passed after the original petition was filed. That is a statutory minimum—not a promise that a divorce will be completed in 20 days.
Mutual-agreement cases handled through our no-hearing process are often completed in approximately 30–45 days, depending on court processing and whether the documents are accepted without additional requirements. Summons, publication and disputed cases usually take longer.
Can You File for Divorce in Florida Without a Lawyer?
Yes. Florida allows people to represent themselves, which is commonly called proceeding pro se. Whether doing so is appropriate depends on the complexity of the case.
A nonlawyer document preparer may help type and prepare documents using information supplied by the customer. A document preparer cannot provide legal advice, decide what legal rights someone should pursue or represent a person in court.
If you need legal advice, have complex financial issues, face domestic violence, cannot determine what relief to request or expect a contested trial, consult a licensed Florida attorney.
For a fuller comparison, visit our guide to filing for divorce in Florida without a lawyer.
How Divorce in Florida Online Helps
Divorce in Florida Online has helped Florida residents prepare divorce documents for more than 15 years. We serve all 67 Florida counties and assist with several different filing paths, including:
- Mutual-agreement divorce
- Divorce by summons
- Divorce by publication
- Divorce involving minor children
- Divorce involving property or liabilities
- Remote document signing and notarization coordination
- Court e-filing assistance
We are not a law firm and do not provide legal advice or legal representation. We prepare documents using the information and decisions provided by our customers.
Frequently Asked Questions
What is the first step in filing for divorce in Florida?
The first step is confirming that either you or your spouse has lived in Florida for at least six months before filing. You should then determine which petition and filing process match your circumstances.
Can I file for divorce online in Florida?
Many parts of a Florida divorce can be handled online, including document preparation, remote communication, certain notarizations and electronic filing. The exact filing and court-appearance requirements depend on the court and type of case.
Does my spouse have to sign before I file for divorce?
No. A cooperating spouse may sign the applicable documents before filing, but a spouse who refuses to sign does not necessarily prevent the case from being started. When the spouse can be located, formal service by summons may be used.
What if I cannot find my spouse?
If your spouse cannot be located after the required search efforts, divorce by publication may be available. Publication requires additional search documentation and legal-notice procedures.
How much does it cost to file for divorce in Florida?
Florida clerks charge a filing fee, and additional expenses may apply for service, publication, parenting courses or other requirements. Filing fees vary, so confirm the current amount with the applicable clerk. People who qualify may apply for civil indigent status.
How long does it take to get divorced in Florida?
The timeline depends on cooperation, service, children, property, disputed issues and court processing. Mutual-agreement cases may be completed much faster than summons, publication or contested cases. Florida’s 20-day statutory waiting period is only a minimum and not a guaranteed completion time.
Ready to Determine the Correct Filing Path?
The paperwork and court procedure depend on your specific circumstances. Tell us whether your spouse will cooperate, whether children or property are involved and whether you know where your spouse can be located. We will review the information to determine whether our document-preparation service is appropriate for your situation.
Questions? Call 800-474-1970.
Disclaimer: Divorce in Florida Online is not a law firm and does not provide legal advice or legal representation. We provide nonlawyer document-preparation and related administrative services. Court procedures and requirements may vary by case and judicial circuit. Consult a licensed Florida attorney if you need legal advice concerning your rights or circumstances.