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Filing for divorce in Florida

What you file, where you file, what it costs, and the rules that catch people out. Compiled from Florida court and statute sources.

How to read these entries.

This is general legal information compiled from state court websites, state statutes, and official self-help materials. It is not legal advice, and reading it does not create an attorney-client relationship with anyone.

Why we publish it. Most people meet the family law system once, at the worst moment of their life, knowing nothing about it. That gap is where people get overcharged and poorly served. This page exists so you can walk in already knowing roughly how your state works, ask sharper questions, and recognize when an answer does not sound right. It is here to help you hold your attorney to a standard, not to replace what they do.

Talk to a lawyer licensed in your state. That is the normal path, not a fallback for when something goes wrong. Nothing here can account for the facts of your marriage, your finances, or your children, and those facts are usually what determines the outcome. Many states also have free legal aid and court self-help centers, and we link to them by state.

Verify before you rely on anything. Every entry cites its source. Follow that citation to the official state site and confirm it still says what we say it says, and that it applies to your situation. Filing fees, form numbers, e-filing rules, and local standing orders change frequently, and a form number that was right last year can get your filing rejected today.

The same state can treat you very differently depending on whether your spouse agrees, whether you have minor children, whether you file jointly or alone, and which county or judge hears it. Waiting periods run from filing in some states and from service in others. Deadlines described here as fixed are the statutory default, and a judge may still have narrow discretion in an emergency.

If you are in danger, do not wait on any of these timelines. An order of protection is a separate and much faster process than a divorce, and it does not depend on any waiting period described on this page.

Your roadmap
What you file
12.901(a) Joint Petition for Simplified Dissolution, if you both agree and qualify
12.901(b)(1) Petition for Dissolution with dependent or minor children
12.901(b)(2) Petition for Dissolution with property but no dependent children
12.901(b)(3) Petition for Dissolution with no dependent or minor children and no property
12.902(d) UCCJEA Affidavit, required if you have children
12.902(b) or (c) Family Law Financial Affidavit, short or long form
12.902(f)(3) Marital Settlement Agreement, 12.902(j) Notice of Social Security Number
12.902(i) Affidavit of Corroborating Witness, used to prove residency
12.990(a) Final Judgment of Simplified Dissolution
Application for Determination of Civil Indigent Status, the fee waiver
Where you fileCircuit court in your county. Forms are Florida Supreme Court approved and accepted statewide.
What it costsAround $400 to $410 by county. Waivable through the civil indigent status application.
The sequence
1. Decide your track. Simplified dissolution is faster but requires no minor children, no pregnancy, agreement on all property, and both spouses appearing.
2. Prove six months of Florida residency with a driver license, state ID, voter card, live testimony, or a corroborating witness affidavit.
3. File the petition with the clerk of the circuit court and pay the fee or apply for indigent status.
4. Serve your spouse, unless you are filing a joint simplified petition together.
5. Complete mandatory disclosure under Rule 12.285, exchanging documents and filing financial affidavits. Skipping it can get your case dismissed.
6. Attend the final hearing and the judge signs the Final Judgment of Dissolution.
Simplified dissolution is exempt from the mandatory disclosure rule, but every other dissolution is not. Confirm current fees and local practice with your clerk.
Court forms

Florida uses Supreme Court-approved Family Law Forms (the 12.900 series) filed in the circuit court. If you have no children, agree on everything, and waive financial affidavits, you may qualify for a faster simplified dissolution (Form 12.901(a)).

State rules and gotchas

Skipping the financial affidavit can get your case dismissed Verified Jul 2026

Florida requires each spouse to file a Family Law Financial Affidavit (short form 12.902(b) or long form 12.902(c)) and exchange financial documents. The affidavit is required in nearly every case and cannot be waived except in a simplified dissolution. Failing to comply can lead the court to dismiss your case or disregard your filings.

Source: Florida Family Law Rule of Procedure 12.285 (mandatory disclosure).

You must live in Florida 6 months before filing, and prove it Verified Jul 2026

At least one spouse must have lived in Florida continuously for 6 months before filing. You must prove it, usually with a Florida driver's license, ID, or voter card issued at least 6 months before filing, or a sworn Affidavit of Corroborating Witness (Form 12.902(i)).

Source: Florida Statutes Section 61.021.

Property starts at a 50/50 presumption, but a judge can move it Verified Jul 2026

Florida is an equitable-distribution state. The division of marital property starts from a presumption of an equal split, but the court can order an unequal one based on statutory factors. Separate (non-marital) property generally stays with its owner.

Source: Florida Statutes Section 61.075.

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