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How to Choose the Correct Florida Divorce Forms

One of the most common — and stressful — parts of starting a divorce in Florida is figuring out which divorce forms apply to your situation. Florida offers multiple divorce processes, each with different requirements, timelines, and consequences if chosen incorrectly.

One of the main reasons clients choose to work with us is simple: they do not have to guess. We help ensure the correct Florida divorce forms are prepared based on your specific circumstances, avoiding delays, rejected filings, or having to start over.

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Simplified Dissolution of Marriage

Many people initially ask about filing a Simplified Dissolution of Marriage because it sounds fast and easy.

However, this is not a process we generally recommend for most clients.

Why Simplified Dissolution Is Often a Problem

  • Both spouses must attend the final court hearing in person
  • Both parties must fully agree to all terms
  • No children, property disputes, or unresolved financial issues are allowed

While attending one court hearing may not seem like a big issue, it often becomes problematic when:

  • One spouse is less motivated to participate
  • Work schedules make court attendance difficult
  • One party changes their mind at the last minute

In these situations, the case can be delayed or dismissed entirely.

Annulment in Florida

Another option people frequently ask about is an annulment. An annulment is very different from a divorce and is not appropriate for most marriages.

Why Annulments Are Rare and Risky

  • The legal grounds for annulment must be proven and approved by a judge
  • Not being married must be legally justified (for example, bigamy)
  • If an annulment is denied, the entire process must start over as a divorce

Annulments are typically limited to very specific legal circumstances, such as when remaining married would violate the law.

Because of the uncertainty and risk involved, this is generally not the recommended path for most clients.

Simple Divorce in Florida (No Children, No Property)

This is the type of divorce we most commonly assist with — and also the most misunderstood.

Basic Requirements for a Florida Simple Divorce

  • No minor children from the marriage or either spouse
  • No child support or parenting issues
  • No unresolved property or debt disputes

Important: If either spouse has children — even if they live outside the United States or are not shared between the spouses — this is not considered a simple divorce under Florida law.

If you have joint financial matters such as:

  • Joint bank accounts
  • Credit cards
  • Real estate
  • Vehicles with both names on the title
  • Timeshares or loans

These must be resolved and divided before filing if you want to qualify for a simple divorce.

Divorce With Children in Florida

Divorces involving minor children require additional forms and court oversight because Florida courts must protect the best interests of the child.

What a Divorce With Children Requires

  • A Parenting Plan addressing time-sharing, holidays, travel, and decision-making
  • Child support calculations using Florida guidelines
  • Disclosure of both parents’ financial information
  • A mandatory four-hour parenting course (often available online)

Child Support Exceptions

While child support is generally required, limited exceptions may apply, such as:

  • Support already established in another case
  • Nearly equal time-sharing and income levels
  • Nonresidential parent receiving only non-qualifying income (such as certain disability benefits)
  • Nonresidential parent is missing or incarcerated

Each situation must be reviewed carefully to determine the correct forms.

Choosing the Wrong Divorce Forms Can Delay Your Case

Filing the wrong Florida divorce forms can result in:

  • Rejected filings
  • Mandatory court hearings
  • Unexpected delays
  • Having to restart the process entirely

That is why many people choose professional document preparation rather than trying to navigate Florida’s divorce forms alone.

Start With the Divorce Type That Fits Your Situation

Click below to begin with the option that best matches your circumstances:

Not sure which one applies to you? That’s okay — we help clients figure this out every day.

Frequently Asked Questions

How do I know which Florida divorce forms to use?

Choose Florida divorce forms based on (1) whether you have minor children, (2) whether you have property/debts to divide, and (3) whether both spouses agree. If any of these are unclear, it’s safer to confirm the correct divorce type before filing to avoid delays.

What is a Simplified Dissolution of Marriage in Florida?

A Simplified Dissolution of Marriage is a limited Florida divorce process for spouses who agree on everything and typically must attend the final hearing together. It’s not available when there are minor children or unresolved issues.

Simplified dissolution can be inconvenient because both spouses must appear in court, and the process can stall if:

  • One spouse is uncooperative

  • Scheduling is difficult

  • A spouse changes their mind near the end

Can I file for an annulment instead of a divorce in Florida?

An annulment is not the same as a divorce. In Florida, annulments are limited to specific legal situations and generally require proof and judge approval. If denied, you may need to start over using the divorce process.

What qualifies as a simple divorce in Florida?

A “simple divorce” typically means:

  • No minor children

  • No child support or alimony issues

  • No unresolved disputes over property or debt

Can I file a simple divorce if either spouse has children?

Usually, no. If either spouse has minor children, your case typically requires the additional child-related forms and steps used for divorce with children.

What additional forms are required for a divorce with children in Florida?

A Florida divorce with children usually requires:

  • A Parenting Plan

  • Child support guideline calculations

  • Financial disclosures

  • A required parenting course (often available online)

Is child support always required in a Florida divorce with children?

Child support is generally required and calculated using state guidelines. In limited situations, a case may involve adjustments or exceptions depending on facts such as existing orders, time-sharing, income, or special circumstances.

What happens if I choose the wrong divorce forms?

Choosing the wrong forms can lead to:

  • Rejected filings

  • Requests for more documents

  • Added hearings

  • Delays or refiling


Is DivorceInFloridaOnline.com a law firm?

No. DivorceInFloridaOnline.com is not a law firm and does not provide legal advice or representation. The service provides document preparation and general information.

Important Disclaimer


DivorceInFloridaOnline.com is not a law firm and does not provide legal advice or legal representation. We provide document preparation and general information only. Nothing on this website should be considered legal advice. For legal advice about your specific situation, consult a licensed Florida divorce attorney.