Divorce and Separation

Do 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.

Blank divorce forms, two pens and a coffee cup on a kitchen table, with a palm tree visible through the window.

The short answer

No. Florida does not require a lawyer for an uncontested divorce, and couples with no minor children who agree on everything can file a simplified dissolution of marriage themselves using the Florida Supreme Court-approved forms. Hiring a lawyer, even only for a document review, makes sense when there are children, significant property, retirement accounts or an imbalance of power between spouses.

Do I need a lawyer for an uncontested divorce in Florida?

No. No Florida law requires you to have a lawyer to get divorced, and that is true of contested divorces too. In an uncontested divorce, where both spouses agree to end the marriage and agree on every issue, many people represent themselves using the forms approved by the Florida Supreme Court.

Clerks of court provide these forms in self-help packets. The Walton County Clerk of Courts, for example, says it offers four separate divorce packets for people who represent themselves. It also says that if you "don't feel fully comfortable or qualified to represent yourself," you may want to hire a competent lawyer.

The real question is not whether a lawyer is required but whether your situation is simple enough to handle safely without one. The sections below explain how to tell.

What is a simplified dissolution of marriage in Florida?

Simplified dissolution of marriage is Florida's shortest divorce process. It is designed for couples who can handle the case without lawyers. You file the Petition for Simplified Dissolution of Marriage, Florida Supreme Court Approved Family Law Form 12.901(a), with the clerk of the circuit court.

You qualify only if all of the following are true:

  • You both agree the marriage cannot be saved.
  • You have no minor or dependent children together, the wife has no minor or dependent children born during the marriage, and the wife is not pregnant.
  • You have agreed how to divide your property and debts.
  • Neither of you is asking for alimony.
  • At least one of you has lived in Florida for more than 6 months before filing (section 61.021, Florida Statutes). You can prove this with a Florida driver's license, ID card or voter registration card issued at least 6 months before filing, or with an affidavit from someone who knows.
  • You will both sign the petition, which most clerks require you to do at the clerk's office.
  • You will both go to the final hearing together before a judge.
  • You are both willing to give up your right to a trial and to an appeal.

The last point matters most. Once the judge signs the final judgment, it is very hard to undo an agreement that turns out to be unfair.

How much does an uncontested divorce cost in Florida without a lawyer?

If you do it yourself, the main cost is the clerk's filing fee. As of October 2026, that is about $408 to $409 in most counties. The fee is the same for a simplified dissolution and a regular dissolution.

County clerkDissolution filing fee (as of October 2026)Other charges
Duval County$409.00 (simplified and regular)$10 per summons issued
Walton County$408.00$10 per summons; $40 sheriff service in Florida

In a simplified dissolution, both spouses sign the petition, so you usually do not need to pay to serve a summons. Check with your own county clerk before filing, because fees change.

A lawyer adds to the cost. Fees vary widely, and many lawyers charge flat fees for uncontested cases or charge by the hour just to review an agreement you have drafted.

When should I hire a divorce lawyer in Florida even if we agree?

You should get a lawyer, or at least pay one to review your paperwork, when a mistake would be expensive or permanent. Common examples:

  • Minor children. You cannot use simplified dissolution. You will need the regular dissolution forms, a parenting plan and child support calculated under Florida's guidelines.
  • A house or other real estate. Who keeps it, who refinances it and whose name stays on the mortgage all have to be spelled out.
  • Retirement accounts or pensions. Dividing them often requires a separate court order that the plan administrator will accept.
  • Alimony. If either spouse wants support, the case does not qualify for simplified dissolution.
  • Significant debt, a family business or hidden assets.
  • Domestic violence, intimidation or pressure to sign. An agreement signed out of fear is a reason to get independent advice right away.
  • Your spouse has a lawyer and you don't. That lawyer represents your spouse, not you.

You don't have to hire a lawyer for the whole case. Many Florida family lawyers will review a settlement agreement or answer questions for a single fee while you handle the filing yourself.

How long does an uncontested divorce take in Florida?

Florida requires at least 20 days between filing the petition and entering a final judgment. Section 61.19, Florida Statutes, sets this waiting period, though a court can shorten it if the delay would cause injustice.

After that, the timing depends on how soon your county schedules the final hearing. Depending on the county, the clerk either gives you a hearing date or the court sends you one. You and your spouse must appear together, and the judge can sign the final judgment that day if your paperwork is complete.

How do I find an affordable divorce lawyer in Florida?

The Florida Bar Lawyer Referral Service can connect you with a family lawyer. Call 800-342-8011 (Monday through Friday, 8:00 a.m. to 5:30 p.m.) or use the online referral service, which is open 24/7. As of October 2026, a 30-minute consultation through the service costs no more than $25.

The Bar's service does not provide free lawyers. If you can't afford one, contact your local legal aid program. If you get help filling out forms from someone who isn't a lawyer, Florida's forms require that person to give you a written disclosure and to put their name, address and phone number on each form they help with.

For more guides on filing, separation and costs, see our Divorce and Separation hub.

Frequently asked questions

Can my spouse and I use the same lawyer for an uncontested divorce in Florida?

A lawyer can represent only one spouse in a divorce, even when you agree on everything. The other spouse can represent themselves or hire their own lawyer to review the agreement. If one lawyer drafts the paperwork, remember that lawyer is working for one side.

Do we both have to go to court for a simplified divorce in Florida?

Yes. In a simplified dissolution of marriage, both spouses must appear together before a judge at the final hearing. Both must also sign the petition, and many clerks require you to sign it at the clerk's office.

Can I get an uncontested divorce in Florida with children without a lawyer?

Yes, but you cannot use the simplified process. You file a regular petition for dissolution of marriage using the court-approved forms, along with a parenting plan and the child support paperwork. Because those terms affect your children for years, many parents pay a lawyer at least to review them.

What is the cheapest way to get divorced in Florida?

For couples who qualify, a simplified dissolution of marriage filed without a lawyer is usually the least expensive option. As of October 2026, the main cost is a clerk filing fee of about $408 to $409 in most counties. Getting it wrong can cost more later, so paying a lawyer for a review is often money well spent.

Can the clerk of court help me fill out my divorce forms?

Clerks provide the forms and self-help packets and can explain filing procedures, but they cannot give legal advice. For advice about your rights, talk to a lawyer. The Florida Bar Lawyer Referral Service offers a 30-minute consultation for no more than $25.

Sources

  1. Florida Statutes § 61.021: Residence requirements, The Florida Legislature
  2. Florida Statutes § 61.19: Entry of judgment of dissolution of marriage, delay period, The Florida Legislature
  3. Instructions for Florida Family Law Rules of Procedure Form 12.901(a), Petition for Simplified Dissolution of Marriage, Florida Courts
  4. Florida Simple Divorce Form (Petition for Simplified Dissolution of Marriage), Bay Area Legal Services
  5. Fee Schedules, Duval County Clerk of Courts
  6. Divorce, Walton County Clerk of Courts & Comptroller
  7. The Florida Bar Lawyer Referral Service, The Florida Bar