The short answer
Yes. Florida does not require a lawyer for divorce, and couples with no children together who agree on dividing property and debts can use simplified dissolution under Florida Family Law Rule of Procedure 12.105, with forms from the clerk. A judge must still approve it at a hearing that both spouses attend.
Can I really get divorced in Florida without a lawyer?
Yes. Florida lets you file your own divorce, and many people do. The simplest route is simplified dissolution, a short-form divorce for couples who agree on everything. It works if you have no minor or dependent children together, the wife is not pregnant, and you have agreed how to split your property and debts. A judge still signs the final order.
These conditions come from Rule 12.105 of the Florida Family Law Rules of Procedure. The rule also tells the clerk to give eligible couples the forms and help them prepare the petition, which is the paper that starts the case. The Miami-Dade County Clerk of the Court and Comptroller says plainly that a lawyer is not required (as of October 2026).
Good to know: In July 2026, The Florida Bar published a notice of proposed changes to Rule 12.105. Ask your county clerk whether any new version is in effect before you file.
What does the answer depend on?
Whether going it alone makes sense depends on your facts. Check each of these before you start:
- Residency: One spouse must have lived in Florida for 6 months before filing, under § 61.021, Florida Statutes.
- Children: No minor or dependent children together, and no pregnancy, for simplified dissolution. With children, you file a regular petition and handle a parenting plan and child support.
- Agreement: You both agree the marriage is irretrievably broken, meaning it cannot be saved, and you agree on property and debts.
- Alimony: Simplified dissolution is not for couples where one spouse asks for alimony, which is ongoing support from the other spouse.
- Both spouses present: Rule 12.105 says both spouses must appear before the judge.
- Waiting period: A judge cannot enter the final judgment until 20 days after the petition is filed, under § 61.19, Florida Statutes, unless delay would cause injustice.
- Filing fee: $409 for a dissolution of marriage in Miami-Dade County (as of October 2026). Fees in other counties are about the same; ask your clerk.
If you do not qualify for simplified dissolution, you can still file without a lawyer. You use the regular dissolution forms instead, and the process takes more paperwork, including sworn financial disclosures.
| Path | Who can use it | What it involves |
|---|---|---|
| Simplified dissolution (Rule 12.105) | No children together, no pregnancy, full agreement on property and debts, no alimony | Clerk forms, both spouses sign, both attend a short final hearing |
| Regular uncontested divorce | Couples who agree but have children, want alimony, or do not qualify for the short form | More forms, financial disclosures, parenting plan if there are children |
| Contested divorce | Spouses who disagree on any issue | Hearings, possible mediation and trial; a lawyer is strongly advised |
When should you talk to a lawyer anyway?
You can file alone, but some cases carry real risk. Consider at least a one-time consultation if any of these apply:
- Big assets: A house, a business, or retirement accounts that must be divided.
- Disagreement: Your spouse will not agree, or stops responding.
- Safety: There has been abuse or threats.
- Children: You need a parenting plan and child support worked out.
Warning: Simplified dissolution asks you to give up your right to a trial and appeal. Once the judge signs, fixing a bad property split is hard.
For more on each step, see the Divorce and Separation guide.
Frequently asked questions
What type of divorce can be done without lawyers?
Any Florida divorce can be filed without a lawyer, but uncontested ones work best. Simplified dissolution under Rule 12.105 is built for it: no children together, no pregnancy, full agreement on property and debts, and no alimony. Regular uncontested divorces, including those with children, can also be done alone using the court's official forms.
What are the risks of divorcing without a lawyer?
The main risk is an unfair or unclear agreement you cannot undo. With simplified dissolution you give up the right to trial and appeal. People often miss retirement accounts, the house, or debts in their name. Mistakes on forms can also delay the case. A one-time lawyer review can catch these problems before you sign.
Do I still need court approval if I file without a lawyer?
Yes. A judge must approve every Florida divorce. Under Rule 12.105, both spouses appear before the court, and the judge enters the final judgment only if the requirements are met. Under § 61.19, Florida Statutes, the judgment cannot be entered until at least 20 days after the petition is filed.
How do I start the process in Florida?
You start by filing a petition with the clerk of court in your county. For simplified dissolution, both spouses sign Form 12.901(a), the Petition for Simplified Dissolution of Marriage, and you pay the filing fee, which is $409 in Miami-Dade County as of October 2026. The clerk then schedules a final hearing.
What resources can help me through the process?
Your county clerk of court is the first stop. Rule 12.105 tells clerks and family law intake staff to provide forms and help prepare the petition. Many counties also run self-help centers; Miami-Dade's Self-Help Project sells form packets. Clerks cannot give legal advice, so a lawyer is still needed for that.
Sources
- Rule 12.105. Simplified Dissolution Procedure, Florida Justice (text of the Florida Family Law Rules of Procedure)
- Section 61.021, Florida Statutes: Residence requirements, The Florida Senate
- Section 61.19, Florida Statutes: Entry of judgment of dissolution of marriage, The Florida Senate
- Simplified Divorces, Miami-Dade County Clerk of the Court and Comptroller
- Proposed rule amendments to Florida Family Law Rule of Procedure Rule 12.105 (Simplified Dissolution Procedure), The Florida Bar News
- Instructions for Filing a Simplified Dissolution of Marriage, Clerk of the Circuit Court