To file for divorce in Florida, at least one spouse must have lived in the state for six months. You’ll complete the required Florida divorce forms, file them with your county’s Clerk of Court, pay the filing fee, and serve your spouse. From there, the process varies based on whether your divorce is contested or uncontested.
Deciding to end a marriage is never easy. And once you’ve made that decision, the legal process that follows can feel overwhelming — especially if you’ve never dealt with a court before. What forms do you need? Where do you file? How much does it cost? How long will it take?
This guide answers all of those questions. You’ll find a clear, step-by-step breakdown of how to file for divorce in Florida, plain explanations of the terms Florida courts actually use, and honest guidance on when you can handle the process yourself versus when working with an Orlando divorce lawyer makes sense.
Whether your situation is straightforward or complicated by children, shared assets, or an uncooperative spouse, you’ll finish this guide with a clear picture of what to expect.
Before You File: What Florida Requires
Before you fill out a single form, there are a few baseline requirements you need to meet.
Does Florida’s 6-month residency requirement apply to you?
Florida courts require that at least one spouse has lived in the state for a minimum of six continuous months before filing. You’ll need to prove this with a Florida driver’s license, a valid Florida ID, or the testimony of a witness who can confirm your residency. If neither of you has lived in Florida for six months yet, you’ll need to wait before the court will accept your petition.
Worth knowing: you don’t have to be a Florida resident yourself. If your spouse meets the six-month requirement, you can still file here — even if you currently live elsewhere.
Florida courts also don’t recognize legal separation in Florida the way many other states do. There’s no formal “legal separation” status available, so if you’re looking to legally split assets or formalize a living arrangement without ending the marriage, you’ll need to explore other options with an attorney.
Florida is a no-fault divorce state — what does that mean?
You do not need to prove that your spouse did anything wrong to get a divorce in Florida. The only legal grounds recognized by Florida courts are that the marriage is “irretrievably broken” — meaning there’s no reasonable chance of reconciliation — or that one spouse has been declared mentally incapacitated for at least three years.
“Irretrievably broken” might sound formal, but in practice, it simply means you’ve decided the marriage is over. One spouse’s belief that the marriage cannot be saved is enough.
What Florida calls it: “Dissolution of marriage”
Florida doesn’t use the word “divorce” in its official court documents. The legal term is dissolution of marriage. You’ll see this phrase on all Florida divorce forms, so don’t be thrown off — it refers to the same process.
Contested vs. Uncontested Divorce in Florida
How your divorce unfolds depends almost entirely on whether you and your spouse agree on the major issues. For a deeper look at all available options, see Kraken Law Group’s full guide to the types of divorce in Florida.
What is an uncontested divorce in Florida?
An uncontested divorce means both spouses agree on all aspects of the separation — property division, any spousal support, and if you have children, custody and child support. Because there’s nothing left for a judge to decide, the process moves faster and costs significantly less.
What is a contested divorce?
A contested divorce means you and your spouse disagree on one or more issues. Maybe property division is the sticking point. Maybe child custody is unresolved. When spouses can’t reach agreement on their own, a judge steps in and makes those decisions. Contested divorces take longer, cost more, and require more court involvement.
What about simplified dissolution of marriage?
Florida offers a streamlined option called simplified dissolution of marriage for couples who meet very specific criteria:
- Neither spouse has minor children together, and the wife is not pregnant
- Both spouses agree that the marriage is irretrievably broken
- Both parties waive their right to trial and appeal
- Both parties agree to appear together at the final hearing
- Both parties waive the right to spousal support (alimony)
If you meet all of these requirements, the simplified process can resolve in as little as 20–30 days. It’s the fastest and least expensive path available in Florida.
Why does it matter which type applies to you?
Uncontested and simplified divorces are faster, cheaper, and far less stressful. If there’s any realistic chance you and your spouse can reach agreement before filing — on property, finances, and children — it’s worth the effort to try. An uncontested divorce can resolve in one to three months. A contested divorce can stretch to years.
How to File for Divorce in Florida, Step by Step
Step 1: Confirm you meet the residency requirement
Before anything else, confirm that you or your spouse has lived in Florida for at least six continuous months. Gather supporting documentation — a Florida driver’s license with an issue date more than six months ago is typically the simplest proof.
Step 2: Choose the right divorce type
Review the options above — simplified, uncontested, or contested. Your choice determines which forms you need and where you file. If you’re unsure which applies, this is a good point to consult with a lawyer.
Step 3: Complete the required Florida divorce forms
Florida divorce forms — also called dissolution of marriage forms or divorce papers — are available through the Florida Courts website or your local Clerk of Court. The specific packet you need depends on your situation:
- With minor children: You’ll need a petition for dissolution of marriage with dependent or minor children, a uniform child custody jurisdictional enforcement act affidavit, a parenting plan, and a child support guidelines worksheet, among other documents. If children are involved, connecting with family law attorneys early in this process is worth considering — parenting plans in particular must meet Florida’s legal standards to be approved by a judge.
- Without minor children: The forms are simpler, but you’ll still need a petition, a marital settlement agreement, and a financial affidavit.
Complete all forms carefully. Missing information or unsigned documents are among the most common reasons courts return filings.
Step 4: File with the Clerk of Court in your county
Take your completed forms to the Clerk of Court in the Florida county where you or your spouse lives. In Orange County, that means the Orange County Clerk of Courts. You can file in person or, in many counties, electronically through the Florida Courts E-Filing Portal.
The clerk will stamp your documents, assign a case number, and return copies to you. Keep those copies — you’ll need them throughout the process.
Step 5: Pay the filing fee or apply for a fee waiver
You’ll pay a filing fee at the time you submit your forms. Filing fees vary by county and by whether the divorce involves minor children, so verify the exact amount with your county clerk before you go. Do not rely on a figure you read online, as fees can change.
If paying the filing fee would cause genuine financial hardship, you can apply for a fee waiver by submitting an Application for Determination of Civil Indigent Status. The clerk’s office can provide this form.
Step 6: Serve your spouse
After filing, you are required to formally notify your spouse — this is called service of process. Your spouse must receive a copy of the petition and a summons. You cannot serve the papers yourself.
Options for service include:
- Sheriff’s service: Your county sheriff’s office will deliver the documents for a fee
- Certified process server: A licensed private process server can also handle this
- Waiver of service: If your spouse is cooperative, they can sign a notarized acknowledgment of service, which skips the formal service step
Once your spouse has been served, they have 20 days to respond. If they don’t respond, you may be able to proceed with a default.
Step 7: Proceed to mediation, then your final hearing
For contested divorces, Florida courts typically require mediation before a final hearing. Mediation is a structured meeting with a neutral third party who helps both spouses negotiate unresolved issues. It’s not a trial — the mediator doesn’t make decisions. If you reach agreement in mediation, those terms go into your marital settlement agreement and are submitted to the judge.
Once all issues are resolved — either by agreement or by the court — a judge reviews your paperwork and, if everything is in order, enters a final judgment of dissolution of marriage. At that point, the divorce is legally complete.
What Does It Cost to File for Divorce in Florida?
The cost of divorce in Florida varies considerably depending on the complexity of your case. Here’s a practical breakdown:
Court filing fees: Verify the current amount with your county clerk, as fees differ by county and by whether minor children are involved.
Service of process: If you use the sheriff’s office or a process server, expect an additional fee on top of the filing cost.
Mediation: If your case requires mediation — which most contested divorces in Florida do — mediators typically charge an hourly rate. Some counties offer subsidized mediation programs for lower-income filers.
Attorney fees: If you hire a divorce attorney, their fees will typically represent the largest portion of your total cost. Rates vary by firm and by the complexity of your case.
What makes a divorce more expensive?
A few factors can significantly increase what you spend:
- Disagreements over children: Child custody disputes require more court hearings, more documentation, and often more time in mediation. Parents of minor children are also required by Florida law to complete a court-approved parenting course before the divorce is finalized.
- Property division disputes: Contested asset division extends timelines and adds attorney hours.
- Alimony: If spousal support is in dispute, the proceedings become more complex. Florida overhauled its alimony in Florida laws in 2023, so if support is an issue in your case, current legal guidance matters.
- Uncooperative spouse: A spouse who doesn’t respond, refuses to provide financial documents, or contests every issue adds time — and time adds cost.
The cheapest way to divorce in Florida is an uncontested or simplified dissolution where both parties have already agreed on the major issues before filing.
How Long Does Divorce Take in Florida?
The timeline varies widely. For a complete breakdown by divorce type, see Kraken Law Group’s guide on how long a divorce takes in Florida.
The short version:
- Simplified dissolution of marriage: 20–30 days from filing to final hearing, assuming all requirements are met
- Uncontested divorce: Typically one to three months, depending on county caseload and how quickly paperwork is submitted
- Contested divorce: Six months at minimum. Complex cases involving children, significant assets, or high levels of conflict can take considerably longer
What causes delays?
- Incorrect or incomplete forms that get returned by the clerk
- Difficulty serving the other spouse
- Disputes that require multiple mediation sessions or court hearings
- Backlogs in the local court system
- A spouse who doesn’t respond within the required timeframe
Organizing your documents carefully before you file, and getting forms right the first time, does more to shorten your timeline than almost anything else.
Do You Need a Lawyer to File for Divorce in Florida?
Florida allows individuals to represent themselves in divorce proceedings — this is called going pro se (representing yourself). For simple, uncontested divorces with no children and minimal shared assets, some people successfully handle the process without an attorney.
That said, there are situations where working with an Orlando divorce lawyer is the more practical choice:
- Children are involved: Parenting plans must meet specific Florida legal standards. An error here can have long-term consequences.
- Significant shared assets or debt: Property division, retirement accounts, and business interests require careful handling.
- Your spouse has an attorney: Representing yourself against an opposing attorney puts you at a serious disadvantage.
- Your spouse is uncooperative or abusive: These situations require legal protection that a self-represented filer can’t easily navigate alone.
- You’re not sure which forms to use: Filing the wrong forms or missing a required document can set your case back by weeks.
Even in straightforward cases, a one-hour consultation with a family law attorney can clarify what you need and catch problems before they cost you time.
Common Mistakes People Make When Filing for Divorce in Florida
Before you submit anything, read through this list. These are the errors that slow cases down or cause filings to be rejected:
- Filing in the wrong county: You must file in the county where you or your spouse currently resides, not where you were married.
- Submitting incomplete or unsigned forms: Missing a signature or leaving a required field blank will get your filing returned.
- Serving the papers yourself: Florida law prohibits you from personally serving your spouse. Use the sheriff’s office or a licensed process server.
- Not accounting for children’s legal requirements: If you have minor children, failing to submit a proposed parenting plan or proof of completing the required parenting course will delay your case.
- Ignoring deadlines: Once your spouse is served, they have 20 days to respond. Missing your own deadlines — for financial affidavits, discovery requests, or mediation — can hurt your position.
For additional guidance on what to avoid during this period, Kraken Law Group’s post on what not to do during a separation is worth reading before you take any next steps.
Talk to an Orlando Divorce Lawyer
If you’re in Orlando or anywhere in Central Florida, Kraken Law Group is a full-service law firm with a dedicated family law practice. The team handles everything from simplified and uncontested dissolutions to complex contested divorces involving children, significant assets, and high-conflict situations.
Knowing how to file for divorce in Florida is one thing. Having someone in your corner who knows the Orange County court system — the clerks, the judges, the timelines — is something different. Every divorce case is different, and a strategy that works for one family may not be right for another.
If you’re ready to talk through your situation, schedule a free consultation with Kraken Law Group. There’s no obligation, and you’ll leave with a clearer sense of your options and what to expect.
Frequently Asked Questions About Filing for Divorce in Florida
Can I file for divorce in Florida without my spouse’s agreement?
Yes. Florida is a no-fault state, which means one spouse can file for divorce without the other’s consent. Your spouse can contest the terms — property division, custody, support — but they cannot legally prevent the divorce from proceeding if you meet the residency requirement and the marriage qualifies as irretrievably broken.
How long do I have to live in Florida before filing for divorce?
At least one spouse must have been a Florida resident for six continuous months before filing. You can prove residency with a Florida driver’s license, a Florida ID card, or the testimony of a witness. If neither of you has reached six months yet, you’ll need to wait before the Clerk of Court will accept your petition.
What is the difference between legal separation and divorce in Florida?
Florida does not recognize legal separation as a formal legal status — no Florida court will issue a “legal separation” order. For a full breakdown of how the two differ and what alternatives exist, see Kraken Law Group’s guide to legal separation versus divorce. If you need to formalize living arrangements or financial responsibilities without ending the marriage, a family law attorney can help you explore options like a postnuptial agreement.
Can I get a divorce in Florida if I don’t know where my spouse is?
Yes, though it takes extra steps. If you genuinely cannot locate your spouse after a documented good-faith search, Florida courts may allow you to serve them by publication — meaning you publish a legal notice in a local newspaper for a specified period. If your spouse still doesn’t respond, the court can proceed with a default dissolution. An attorney can guide you through the proper steps, because courts scrutinize these cases carefully.
What happens after I file for divorce in Florida?
After you file, the court assigns a case number and you must serve your spouse with the petition. Your spouse then has 20 days to respond. If they agree with everything, the case can proceed toward a final hearing relatively quickly. If they file a response contesting any terms, the case moves into negotiation, potential mediation, and possibly a trial before a judge issues the final judgment of dissolution of marriage.
