Simple Divorce by Summons in Florida
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Simple Divorce by Summons in Florida
If your Florida divorce does not involve minor children or significant property issues, but your spouse will not voluntarily sign the divorce papers, a simple divorce by summons may be an option.
This process allows you to start the divorce by filing the appropriate documents and having your spouse formally served, rather than waiting for their voluntary signature.
At Divorce in Florida Online, we provide non-attorney divorce document preparation, e-filing assistance, service coordination, and procedural support for people handling their own Florida divorce.
If you want a broader explanation of how service works, what a summons means, and what happens after your spouse is served, visit our Divorce by Summons in Florida guide.
Who Is a Simple Divorce by Summons For?
This service is generally designed for situations where:
- You are filing for divorce in Florida.
- You and your spouse do not have minor children together.
- Your case does not involve significant property or complicated financial issues.
- Your spouse will not voluntarily sign the initial divorce documents.
- You know where your spouse can be located for formal service.
If your divorce involves minor children, visit our Divorce With Children by Summons in Florida page instead.
If you cannot locate your spouse, you may need a Divorce by Publication rather than a summons.
How Does a Simple Divorce by Summons Work?
The process generally begins with preparing and filing the required divorce documents.
- You complete our online intake so we can gather the information needed to prepare your documents.
- We prepare the appropriate divorce forms, typically within 48–72 business hours after receiving the required information.
- You review, sign, and notarize the documents that require notarization.
- We electronically file the appropriate documents with the court.
- A summons is issued so your spouse can be formally served.
- We help coordinate service through the appropriate sheriff or private process server.
- Your spouse generally has 20 days after service to file a response with the court.
- What happens next depends on whether your spouse responds.
What Happens After My Spouse Is Served?
Once your spouse has been properly served, they generally have 20 days to file a written response with the court.
If Your Spouse Does Not Respond
If the response period passes and your spouse does not file an answer, the case may be able to proceed toward a default.
When appropriate, we assist with preparing and filing the additional default-related documents needed to move the case forward.
A default does not mean the divorce is automatically final on the 21st day. Additional paperwork and court procedures may still be required before a Final Judgment is entered.
If Your Spouse Responds
If your spouse files an answer, the next steps depend on what they agree or disagree with.
A response does not automatically mean that every issue will become contested. Some cases remain relatively straightforward, while others may require additional paperwork, mediation, hearings, or other court procedures.
What Is Included in Our Simple Divorce by Summons Service?
Depending on your case, our document-preparation service may include:
- Preparation of the required Florida divorce documents
- Electronic filing of the appropriate documents with the court
- Coordination of service of process
- Procedural instructions throughout the document-preparation process
- Preparation of default-related paperwork when appropriate
- Preparation and filing of additional final paperwork needed for the case
- Assistance obtaining the Final Judgment once the court enters it
The exact documents and procedures required depend on what happens after your spouse is served.
Do I Have to Find a Process Server Myself?
Not necessarily.
We can help coordinate service of the divorce documents through the appropriate sheriff’s office or private process server based on where your spouse is located.
Process-server or sheriff fees are separate from our document-preparation service and vary depending on the location and provider.
Can I Sign My Divorce Documents Online?
Yes. If your documents require notarization, remote online notarization may be available so you can complete the signing process without an office visit.
We provide instructions for scheduling remote notarization when it is needed for your documents.
What About the Court Filing Fee?
Florida courts charge a filing fee to open a divorce case. The amount can vary by county and payment method.
If your income is limited, you may qualify to ask the court to waive the filing fee through an Application for Determination of Civil Indigent Status.
Learn more about the Florida court filing fee waiver process.
What If We Started With a Mutual Agreement but My Spouse Stopped Cooperating?
This happens.
You may begin the divorce expecting both spouses to sign voluntarily, but circumstances can change. Your spouse may stop responding, refuse to sign the final documents, or decide not to cooperate.
If your spouse can still be located, it may be possible to change the process and have them formally served with a summons.
The documents needed will depend on what has already been prepared or filed and where the case currently stands.
Can I Get a Simple Divorce If My Spouse Refuses to Sign?
Yes. Your spouse’s refusal to voluntarily sign the initial paperwork does not necessarily prevent you from getting divorced.
If your spouse can be located, formal service provides a way to notify them of the case and allow the divorce process to move forward.
The case remains “simple” for purposes of this service when it does not involve minor children or significant property issues. Whether additional court procedures are needed depends on how your spouse responds after being served.
How Long Does a Simple Divorce by Summons Take?
There is no single timeline for every summons case.
The timing can depend on:
- How quickly your documents are completed and filed
- How quickly your spouse can be served
- Whether your spouse files a response
- Whether additional documents are required
- Whether the court requires a hearing or other procedural steps
- The court’s scheduling and processing time
We can explain the procedural steps involved with our document-preparation service, but the court ultimately controls the timing of the case.
Do I Need a Lawyer?
Florida does not require every person filing for divorce to hire an attorney.
Some people choose to represent themselves and use a non-attorney document-preparation service, while others decide they need legal advice or representation.
Divorce in Florida Online is not a law firm and does not provide legal advice.
We prepare divorce documents and provide procedural assistance. If you need advice about your legal rights, strategy, property rights, alimony, or what you should ask a judge to order, you should speak with a Florida family-law attorney.
Watch: Florida Simple Divorce by Summons
Frequently Asked Questions About Simple Divorce by Summons
What is a simple divorce by summons?
It is a divorce process for a relatively straightforward case where the filing spouse starts the case and the other spouse is formally served instead of voluntarily signing the initial divorce documents.
How will my spouse be served?
Service is generally completed through the appropriate sheriff or an authorized private process server, depending on where your spouse is located.
What happens if my spouse does not respond?
If your spouse does not file a response within the applicable period after service, the case may be able to proceed toward default. Additional paperwork and court procedures are still generally required.
What happens if my spouse responds?
The next steps depend on what your spouse agrees or disagrees with. A response does not automatically mean every issue will be contested.
Can the court filing fee be waived?
If you qualify based on your financial circumstances, you may apply for Civil Indigent Status and ask the court to waive the filing fee.
What if I originally expected my spouse to sign voluntarily?
If your spouse stops cooperating but can still be located, the case may be able to move forward through formal service by summons. The documents required will depend on what has already been prepared or filed.
Ready to See If a Simple Divorce by Summons Fits Your Situation?
If you do not have minor children or significant property issues and your spouse will not voluntarily sign, tell us what is happening.
We’ll review the information you provide and determine whether our simple divorce by summons document-preparation service may fit your situation.
Tell Us About Your SituationOr call us at 800-474-1970.
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