Overview: Filing for Divorce in Florida Without a Lawyer

Florida is a no-fault divorce state with a 20-day waiting period. The state requires 6 months of residency before filing and uses equitable distribution for property division. DIY divorce is feasible for uncontested cases without complex assets.

Can You File Without a Lawyer in Florida?

✓ Good Candidates for DIY Divorce:

  • Both parties agree on divorce and all terms
  • No minor children or agreement on time-sharing plan
  • Limited marital assets and debts
  • No spousal support disputes
  • Both parties willing to cooperate

⚠ Consider Hiring a Lawyer If:

  • Disputed parenting time or child support
  • Significant marital assets or business interests
  • Retirement accounts requiring QDRO
  • Spouse has attorney
  • Domestic violence history

Step-by-Step: How to File for Divorce in Florida

Step 1

Verify 6-Month Residency

You or your spouse must have lived in Florida for at least 6 months before filing. Proof required.

⏱ Estimated Time: N/A
💡 Tips:
  • Florida driver's license or ID
  • Voter registration card
  • Affidavit from third party witness
Step 2

Complete Petition for Dissolution

Fill out Florida Family Law Form 12.901(a) Petition for Dissolution of Marriage.

⏱ Estimated Time: 2-3 hours
💡 Tips:
  • Use current Florida Supreme Court forms
  • Type or print clearly
  • Gather spouse's address for service
Step 3

File with Circuit Court Clerk

Submit petition to circuit court clerk in your county with filing fee.

⏱ Estimated Time: 1 day
💡 Tips:
  • Filing fee: $400-450
  • Bring original + 2 copies
  • Ask about e-filing options
  • Get case number
Step 4

Serve Your Spouse

Sheriff's office must serve your spouse with the petition.

⏱ Estimated Time: 1-2 weeks
💡 Tips:
  • Sheriff service: $40-50
  • Private process server: $50-100
  • Spouse can waive service with notarized form
Step 5

Complete Financial Affidavit

Both parties file Family Law Financial Affidavit (Form 12.902(b) or (c)).

⏱ Estimated Time: 2-4 hours
💡 Tips:
  • Short form if income under $50K/year
  • Long form if over $50K
  • Must be accurate and complete
Step 6

Wait 20-Day Period

Florida requires 20 days from service before finalizing.

⏱ Estimated Time: 20 days minimum
💡 Tips:
  • Use time to finalize agreement
  • Complete parenting course if children
  • Prepare settlement agreement
Step 7

Attend Final Hearing

Most counties require brief final hearing for uncontested divorce.

⏱ Estimated Time: 15-30 minutes
💡 Tips:
  • Bring photo ID
  • Dress professionally
  • Answer judge's questions
  • Hearing is usually simple
Step 8

Receive Final Judgment

Judge signs Final Judgment of Dissolution of Marriage.

⏱ Estimated Time: Same day to 1 week
💡 Tips:
  • Request certified copies
  • Divorce is final immediately
  • Update legal documents

Required Forms for Florida Divorce

Petition for Dissolution of Marriage (12.901(a))

Required

Summons (12.910(a))

Required

Financial Affidavit (12.902(b) or (c))

Required

Final Judgment (12.990(a) or (b))

Required

Note: Always use the most current forms from your state's court website. Forms may be updated periodically.

Cost Breakdown for Florida DIY Divorce

💰 DIY Divorce

$450-600
  • Filing fee: $400-450
  • Service fee: $40-100
  • Misc costs: $25-$100

👔 With Attorney

$3,000-20,000

Includes attorney fees, court costs, and filing fees for uncontested to contested cases

Common Pitfalls to Avoid

1

Not proving 6-month residency

2

Using outdated forms

3

Not completing parenting course if children involved

4

Failing to divide retirement accounts properly

Frequently Asked Questions About Florida DIY Divorce

Can I file for divorce without a lawyer in Florida?

Yes, Florida provides forms and instructions for self-represented parties. If your divorce is uncontested, DIY is definitely possible.

How long does a Florida divorce take?

Florida requires a minimum 20-day waiting period from service. Most uncontested divorces finalize in 2-4 months. Contested cases take 6-18+ months.

Do I need to attend court for a Florida divorce?

Yes, most Florida counties require both parties to attend a brief final hearing even for uncontested divorces. The hearing typically lasts 15-30 minutes.

Need Professional Help?

While DIY divorce can save money in Florida, consulting with an attorney can help you understand your rights and avoid costly mistakes.