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Divorce and Separation
Guides to divorce and separation from OpenLaw: what a lawyer costs, whether you need one, the questions to ask before you hire, how the law works in your state, and how to find a lawyer or attorney near you. Every guide is written to answer one question and shows its sources.
November 6, 2026What Is the Waiting Period for Divorce in Florida?Florida has a 20-day waiting period. Under § 61.19, Florida Statutes, a judge cannot finalize a divorce until at least 20 days after the petition is filed, unless waiting would cause injustice. Before you file, one spouse must also have lived in Florida for 6 months.
October 29, 2026Do Both Spouses Need to Attend the Final Hearing?Sometimes. In Florida, both spouses must attend the final hearing in a simplified dissolution of marriage. In a regular uncontested divorce, usually only the spouse who filed has to go. In a contested divorce, both spouses must attend the final hearing or trial.
October 29, 2026What Happens If One Spouse Changes Their Mind Mid-Case?In Florida, a divorce usually goes on even if one spouse changes their mind. The case may slow down. A judge can order counseling or pause it for up to 3 months. An uncontested case becomes contested, and a simplified divorce has to switch to a regular petition.
October 26, 2026Who Pays Attorney Fees in a Florida Divorce?Usually each spouse pays their own lawyer in a Florida divorce. But under § 61.16, Florida Statutes, a judge can order one spouse to pay some or all of the other's reasonable attorney fees and costs. The judge mainly looks at need and ability to pay, so the higher earner often pays.
October 26, 2026Can I Get Divorced in Florida without a Lawyer?Yes. Florida lets you file for divorce yourself using Florida Supreme Court approved forms. One spouse must have lived in Florida for 6 months. The clerk's filing fee is about $408 to $409 as of October 2026. Couples with no children who agree on everything can use the faster simplified dissolution.
October 26, 2026How Long Does an Uncontested Divorce Take in Florida?An uncontested divorce in Florida takes at least 20 days. Under § 61.19, Florida Statutes, a judge can't sign the final judgment sooner unless waiting would cause injustice. After that, the timing depends on how fast your paperwork is complete and when your county court can schedule the final hearing.
October 26, 2026Is Mediation Required in Florida?Yes, in most contested Florida divorces. Under § 44.102, Florida Statutes, judges must send disputed parenting issues to mediation, and most circuits require mediation before a contested final hearing. A history of domestic violence can excuse you. You do not have to reach an agreement.
October 22, 2026Do I Need a Family Law Attorney or a Divorce Attorney?Usually, you don't have to choose. A divorce attorney is a family law attorney who focuses on ending marriages. Family law also covers child support, parenting plans, paternity, adoption and protective injunctions. Hire the lawyer whose experience matches every issue in your case, not the title on the sign.
October 14, 2026How to Get a Divorce in Florida Without a Lawyer (and When You Should Hire One)You can divorce in Florida without a lawyer by filing the Florida Supreme Court–approved family law forms with the circuit court clerk in your county. If you and your spouse agree on everything and have no minor children, simplified dissolution is the easiest route. Expect a filing fee of about $408 to $409 as of October 2026.
October 14, 2026How Much Does a Divorce Lawyer Cost in Florida?Florida divorce lawyers usually bill hourly, with older published averages of $260 to $330 an hour and $2,000 to $5,000 retainers. Uncontested cases may be a flat fee. Contested cases cost more. Here is how fees work, what else you pay, and how to cut costs.
October 14, 2026Do I Need a Divorce Lawyer in Florida for an Uncontested Divorce?No. Florida law does not require a lawyer for an uncontested divorce. Couples who agree on everything can file the court-approved forms themselves, and with no minor children they can use the simplified dissolution process. A lawyer is still worth paying for when there are children, real estate, retirement accounts, debt or pressure to sign.
October 14, 2026Questions to Ask a Divorce Lawyer in Florida Before You HireAsk a Florida divorce lawyer how many cases like yours they have handled, who will do the work, how fees and retainers are billed, what the case will likely cost, and how they communicate. Before you sign, check their Florida Bar standing and get the fee terms in writing.
October 14, 2026How Much Does a Contested Divorce Cost in Florida?A contested divorce in Florida starts with $418 in court costs: a $408 filing fee plus a $10 summons fee, as of October 2026. Most of the total, though, is lawyer time. Each issue you fight over adds hours, mediation sessions and sometimes expert fees.
October 14, 2026Do I Need a Lawyer for Divorce in Florida?No. Florida lets you get divorced without a lawyer by using court-approved forms and filing with your county clerk. The filing fee is $408 plus $10 per summons as of October 2026. A lawyer is worth it when you have children, major property, alimony questions or a spouse who disagrees.
October 14, 2026What Additional Costs Should I Expect in a Florida Divorce?Beyond the $408 filing fee, a Florida divorce can add a $10 summons fee, a $40 sheriff's fee to serve your spouse, mediation fees of $60 to $120 per person per session, a parenting course if you have children, and lawyer or expert fees in contested cases.
October 14, 2026How Much Is a Default Divorce in Florida?A default divorce in Florida usually costs about $450 to $480 in court costs if you file yourself, as of October 2026. That covers the $397.50 filing fee, a $40 sheriff service fee, and small clerk charges. Lawyer fees and service by newspaper notice cost more.
October 14, 2026What Is the Filing Fee for Divorce in Florida?The filing fee for divorce in Florida is $397.50 at most county clerks, as of October 2026. Expect about $10.50 more when the final judgment is entered, plus $10 per summons and $40 for sheriff service if your spouse must be served. If you cannot afford it, you can ask the clerk for indigent status.
October 14, 2026How Much Does It Cost to Get a Divorce If Both Parties Agree in Florida?About $408 to $418 in court costs if you file it yourselves. That's the clerk's $408 filing fee for a dissolution of marriage, plus $10 if a summons is issued, as of October 2026. Lawyer fees, parenting classes and card fees can add to that.
October 14, 2026How Much Does an Uncontested Divorce Cost in Florida?About $408 in court fees as of October 2026: a $397.50 filing fee plus a $10.50 Vital Statistics fee when the judge signs the final judgment. Forms, a $10 summons, service and a parenting course can add more. Hiring a lawyer is the biggest extra cost.
October 14, 2026How Long Does a Divorce Take in Florida?The shortest a Florida divorce can take is 20 days from filing, because § 61.19, Florida Statutes, sets that waiting period. Florida courts aim to finish uncontested divorces within 90 days and contested divorces within 180 days. A divorce where you and your spouse disagree can take longer.
October 14, 2026What Is the Cheapest Way to Get a Divorce in Florida?The cheapest way to get a divorce in Florida is usually a simplified dissolution of marriage that you file yourself. Court costs start at the $408 filing fee as of October 2026. It works for spouses with no minor children who agree on property and debts. If you can't pay, the clerk may waive the fee.
October 14, 2026How Long Does a Florida Divorce Take?A Florida divorce takes at least 20 days from filing, because § 61.19, Florida Statutes, bars a final judgment before then. When both spouses agree, most cases finish in one to a few months. Contested divorces with disputes over children, support or property often take many months or longer.
October 14, 2026How Quickly Can I Get a Divorce in Florida?Florida law requires at least 20 days between filing a divorce petition and the final judgment. An uncontested divorce, where you and your spouse agree on everything, can finish soon after that. A contested divorce usually takes much longer. At least one spouse must have lived in Florida for 6 months before filing.
October 14, 2026How Is Property Divided in a Florida Divorce?Florida divides marital property under equitable distribution, and the judge starts from an equal 50/50 split. Assets and debts gained during the marriage are shared. Property owned before the marriage, gifts and inheritances usually stay with the spouse who owns them. A judge can split things unequally for reasons listed in § 61.075, Florida Statutes.
October 14, 2026Is Mediation Required for Divorce in Florida?Sometimes. Florida has no law that makes every divorcing couple mediate. But judges can order mediation in any contested divorce, and courts with a family mediation program must send disputed parenting issues to it. If you agree on everything, you usually skip mediation.
October 14, 2026Why Do Divorce Lawyers Charge So Much?Divorce lawyers charge a lot because they usually bill by the hour, and conflict, required financial disclosure and court hearings add hours. In Florida they also can't take a cut of your settlement. Agreeing with your spouse on more issues is the surest way to lower the bill.
October 14, 2026Can I Get My Spouse to Pay My Attorney Fees in Florida?Sometimes. Under § 61.16, Florida Statutes, a judge can order your spouse to pay part or all of your divorce attorney fees. The judge first compares both spouses' finances. If you need help paying and your spouse can afford it, an award is likely. You can ask early, while the case is still going.
October 14, 2026Is Florida a No-Fault Divorce State?Yes. Florida is a no-fault divorce state. Under § 61.052, Florida Statutes, you only have to show the marriage is "irretrievably broken," meaning it can't be fixed. You don't have to prove adultery, cruelty or any other wrongdoing. Fault can still affect alimony and property division.
October 14, 2026Does Florida Require a Separation Period Before Divorce?No. Florida has no separation period before divorce. You can file while still living together. One spouse must have lived in Florida for six months, the marriage must be irretrievably broken, and a judge must wait at least 20 days after filing before granting the divorce.
October 14, 2026What Is Included in a Flat-Fee Divorce?A flat-fee divorce usually covers the lawyer's work on an uncontested case: preparing, filing and finalizing the paperwork. Court costs are often billed on top. In Florida, that means a filing fee of about $408 plus $10 per summons. Contested issues, hearings and trials are usually extra.
October 14, 2026Does Florida Have an Official Alimony Formula?No. Florida has no official alimony formula. A judge decides need and ability to pay, then weighs the factors in § 61.08, Florida Statutes. Only durational alimony has set limits: no more than 35% of the gap between the spouses' net incomes, for a time capped by how long the marriage lasted.
October 14, 2026What Are the Residency Requirements to File for Divorce in Florida?To file for divorce in Florida, at least one spouse must have lived in the state for 6 months before the petition is filed. This rule is in § 61.021, Florida Statutes. You can prove it with a Florida driver license, ID card, voter card or a witness affidavit.
October 14, 2026Do We Need a Legal Separation Before Filing for Divorce?No. Florida has no legal separation, and you don't need to live apart before you file for divorce. One spouse must have lived in Florida for 6 months, and the marriage must be "irretrievably broken." A spouse who needs money can ask the court for support without filing for divorce.
October 14, 2026Is Mediation Required in Florida Divorces?Yes, in most contested Florida divorces. Judges can order mediation for any disputed issue, and many circuits require it before a final hearing. Spouses who agree on everything usually skip it, and a judge can waive it after domestic violence. Court mediation costs $60 or $120 per person per session for qualifying incomes.
October 14, 2026Do Parents Have to Take a Parenting Class?Yes, in Florida. If you are divorcing and have a minor child, both parents must finish a state-approved parenting course of at least 4 hours before the judge grants the divorce. The same rule applies in paternity cases. A judge can excuse you for good cause.
October 14, 2026What Is a Simplified Dissolution of Marriage?A simplified dissolution of marriage is Florida's fastest and simplest divorce. It is for spouses who agree the marriage is over, have no minor or dependent children, have already split their property and debts, and want no alimony. Both spouses sign one joint petition and go to one short final hearing.
October 14, 2026How Is Child Support Determined in Florida?Florida child support comes from a formula in § 61.30, Florida Statutes. The court adds both parents' net monthly incomes, finds the support amount on the state schedule, splits it by each parent's share of income, then adds child care and health insurance. Overnights with each parent can lower the amount.
October 14, 2026Can I Get an Uncontested Divorce in Florida If I Have Children?Yes. Florida parents can get an uncontested divorce if they agree on a parenting plan, child support, property and debts. They can't use the Simplified Dissolution of Marriage, which is only for couples without minor children. They file a regular petition with a parenting plan, a child support worksheet and financial affidavits.
October 14, 2026What Is an Uncontested Divorce?An uncontested divorce is one where both spouses agree to end the marriage and agree on every issue, such as property, debts, alimony and any children. In Florida, the judge reviews your written agreement instead of deciding a fight. A court fee is $408 in most counties, and you wait at least 20 days.
October 14, 2026Can an Uncontested Divorce Become Contested?Yes. A divorce stays uncontested only while both spouses agree on everything. In Florida, if your spouse disagrees about property, debts, support or children, or denies the marriage is broken, the case becomes contested. A judge then decides the open issues, which usually takes longer and costs more.
October 14, 2026How Is an Uncontested Divorce Different From a Contested Divorce?In an uncontested divorce, you and your spouse agree on every issue and a judge signs off on your deal. In a contested divorce, you disagree on at least one issue, so a judge decides it. In Florida, the uncontested path is usually faster and cheaper.
October 14, 2026Can We Waive the Financial Disclosure Requirement?Sometimes. In a Florida divorce, spouses can agree to skip most mandatory disclosure documents, but not the sworn financial affidavit. You must still exchange affidavits with each other. You can agree not to file them with the court, using Form 12.902(k). Simplified dissolutions follow a separate rule.
October 14, 2026Can I Really Get Divorced in Florida without a Lawyer?Yes. Florida lets you file for divorce on your own. If you have no children together and agree on everything, simplified dissolution under Rule 12.105 is the easiest route. Clerks give you the forms. A judge still has to sign the final judgment, and both spouses must appear.
October 14, 2026What Type of Divorce Can Be Done without Lawyers?An uncontested divorce is the type you can usually do without lawyers. In Florida, the simplest version is a simplified dissolution of marriage. It is for spouses with no minor children who agree on dividing property and debts and who give up alimony. Uncontested cases with children can also be filed on court forms.
October 14, 2026What Are the Risks of Divorcing without a Lawyer?The main risks of divorcing without a lawyer are giving up property, debts or support you don't know you're owed, missing deadlines or forms, and signing an agreement that's hard to undo. In Florida, these risks are small in a simple, agreed divorce with no children. They're bigger when there are children, a house, retirement accounts or disagreement.
October 14, 2026Do I Still Need Court Approval If I File without a Lawyer?Yes. Even if you file without a lawyer, a Florida divorce is not final until a judge signs a final judgment. In a simplified dissolution, both spouses must appear before the judge. No judgment can be entered until at least 20 days after the petition is filed.
October 14, 2026How Do I Start the Process in Florida?To start a divorce in Florida, file a Petition for Dissolution of Marriage with the circuit court clerk in your county. One spouse must have lived in Florida for 6 months. As of October 2026, the filing fee is $408, plus $10 to issue a summons.
October 14, 2026What Resources Can Help Me Through the Process?Florida has free and low-cost help for divorce. You can use the Florida Supreme Court's free family law forms, the Florida Courts Help website, your county clerk's self-help center, legal aid if your income is low, and The Florida Bar Lawyer Referral Service, where a first 30-minute visit costs no more than $25.