How to File for Divorce in Florida

How to File for Divorce in Florida (2025 Guide)

Step-by-Step Legal Procedure Explained Simply

Divorcing in Florida? Whether your case is simple or complicated, this guide breaks down everything you need to know about filing for divorce in the Sunshine State. From eligibility to final judgment, here's a complete breakdown written in plain English for anyone, with or without a lawyer.

1. Meet Florida’s Residency Requirement

To file for divorce in Florida, either you or your spouse must have lived in the state for at least 6 months before filing. Valid proof includes a Florida driver’s license, lease, utility bill, or a sworn affidavit from a third party.

2. Choose the Right Type of Divorce

Florida allows for three basic divorce types:

✅ Simplified Dissolution of Marriage (only if no children, no property disputes, and both agree)

✅ Uncontested Divorce (you agree on all terms)

✅ Contested Divorce (you disagree on some or all issues like child custody or asset division)

For most couples, uncontested divorce is the fastest and most affordable route.

3. File the Petition for Divorce

The official process begins when one spouse (the Petitioner) files a Petition for Dissolution of Marriage with the Clerk of the Circuit Court in their county. This includes:

Form 12.901(b)(1) – For regular divorce

Form 12.901(a) – For simplified divorce

💰 Filing Fee: Around $400–$450 depending on the county.

📎 Forms available here: Florida Courts Official Site

4. Serve the Divorce Papers

Florida law requires the Respondent (your spouse) to be officially served with divorce papers. This can be done via:

• The local Sheriff’s Office

• A private process server

If the spouse can’t be found, you may ask the court for service by publication.

5. Complete Mandatory Financial Disclosures

Both parties must file a Financial Affidavit and share key financial documents, including:

• Pay stubs

• Tax returns

• Bank statements

• Monthly expenses

Forms:

• Form 12.902(b) (for income < $50k/year)

• Form 12.902(c) (for income > $50k/year)

⏱ Deadline: Within 45 days of serving the petition.

6. Address Parenting Issues (If Children Are Involved)

If you share minor children, Florida requires:

• A Parenting Course approved by the court

• A written Parenting Plan covering custody, time-sharing, and decision-making

The court always considers the best interest of the child when approving plans.

7. Try Mediation (If You Disagree)

In contested divorces, the court may order mediation to help both parties resolve disputes. If successful, you’ll sign a Marital Settlement Agreement, which becomes part of the final divorce judgment.

8. Final Hearing or Trial

🟢 Uncontested Divorce: A short hearing finalizes the process.

🔴 Contested Divorce: You’ll attend a trial where both sides present evidence and arguments.

Once approved, the judge issues the Final Judgment of Dissolution of Marriage.

9. Request a Name Change (Optional)

You may ask the court to restore your maiden or former name as part of your divorce petition or during the final hearing.

✅ Florida Divorce Checklist

Requirement Status

6-month Florida residency ✅

File divorce petition ✅

Serve your spouse ✅

Exchange financial disclosures ✅

Parenting plan (if kids involved) ✅

Mediation or settlement (if needed) ✅

Final court hearing ✅

Final divorce decree ✅

Name change (if requested) ✅

Final Thoughts

Filing for divorce in Florida in 2025 doesn’t have to be overwhelming. By following this step-by-step process, you can reduce stress, avoid delays, and protect your rights especially when dealing with finances or child custody. For complex cases, consulting a licensed Florida family law attorney is always a smart idea.