The short answer
No. Florida does not require a lawyer for divorce, and you can file court-approved forms on your own, but a lawyer is wise when you have children, significant property or debt, alimony issues, or a spouse who contests the divorce or has a lawyer.
Do I need a lawyer for divorce in Florida?
No. Florida law lets you handle your own divorce without a lawyer. You can use the Florida Supreme Court's approved family law forms and file them with the clerk of court in your county. A lawyer is still wise if you have children, a home, retirement accounts, alimony questions, or a spouse who disagrees or has hired a lawyer.
Many people in Florida finish a divorce on their own, and the courts give you the forms to do it. Representing yourself is called appearing pro se, which means acting as your own lawyer.
- Filing fee: $408 for a dissolution of marriage (the legal name for divorce), plus $10 per summons, as of October 2026, per the Seminole County Clerk of the Circuit Court and Comptroller
- Residency: One spouse must have lived in Florida for 6 months before filing, under § 61.021, Florida Statutes
- Shortest wait: No final judgment until at least 20 days after filing, under § 61.19, Florida Statutes
Even the clerk's office says that if you don't feel comfortable or qualified to represent yourself, you may want to talk with an attorney. Fees can vary slightly by county, so check with your local clerk before you file.
When does a Florida divorce need a lawyer?
The answer depends on how much you and your spouse agree on and what you need to divide. The more you have at stake, the more a lawyer helps.
You can usually handle it yourself when:
- Simple case: You have no children together, few assets and debts, and nobody wants alimony (support paid by one spouse to the other)
- Full agreement: You both agree on every issue and will sign the papers
- Cooperation: Your spouse will respond to the petition and go to the final hearing
Talk to a lawyer when:
- Children: You need a parenting plan, a time-sharing schedule and child support
- Big assets: You own a house, a business, or pensions and retirement accounts
- Alimony: One of you will ask for support or say no to paying it
- Disagreement: Your spouse contests the divorce or has hired a lawyer
- Safety: There is domestic violence or you fear your spouse is hiding money
Warning: A final judgment is hard to undo. If you give up a share of a pension or home by mistake, you may not get it back later.
For more on each step, see the Divorce and Separation guides.
| Path | Who it fits | Court costs | Fastest timing |
|---|---|---|---|
| Simplified dissolution, no lawyer | No children, no alimony, property and debts already divided, both spouses sign and attend the hearing | $408 filing fee | At least 20 days after filing |
| Uncontested divorce with forms | Spouses agree on everything, including children or property | $408 filing fee plus $10 per summons | At least 20 days after filing |
| Contested divorce with a lawyer | Spouses disagree on children, property, debts or alimony | $408 filing fee plus $10 per summons, plus lawyer fees | Often months, depending on the court and the issues |
Frequently asked questions
What is the filing fee for divorce in Florida?
$408. That is the clerk's fee to file a dissolution of marriage, plus $10 for each summons issued, as of October 2026. Some clerks add a fee for card payments, such as Seminole County's 3.5%. Fees can vary slightly by county, so confirm the amount with your county clerk before you file.
What is a Simplified Dissolution of Marriage?
It is Florida's easiest divorce path for couples who agree. You qualify only if one spouse has lived in Florida for 6 months, you have no minor children and the wife is not pregnant, you have divided your property and debts, neither of you wants alimony, and both of you sign and attend the final hearing.
Is Florida a no-fault divorce state?
Yes. Under § 61.052, Florida Statutes, the main ground for divorce is that the marriage is irretrievably broken, which means it cannot be fixed. You do not have to prove cheating or other wrongdoing. The only other ground is a spouse's mental incapacity for at least 3 years.
Can I get my spouse to pay my attorney fees in Florida?
Sometimes. Under § 61.16, Florida Statutes, a judge may order one spouse to pay a reasonable amount of the other spouse's attorney's fees and costs. The judge first looks at the financial resources of both spouses. This often helps a spouse who earns much less than the other.
What are the residency requirements to file for divorce in Florida?
6 months. Under § 61.021, Florida Statutes, at least one spouse must have lived in Florida for 6 months before the divorce petition is filed. Only one of you needs to meet this rule. The court will ask for proof, such as a Florida driver license or a witness.
Do parents have to take a parenting class?
Yes. Under § 61.21, Florida Statutes, both parents in a divorce with minor children must complete the Parent Education and Family Stabilization Course. You must finish it before the judge signs the final judgment. Courts keep lists of approved course providers, and many offer the course online.
Sources
- Dissolution of Marriage (Divorce), Seminole County Clerk of the Circuit Court and Comptroller
- § 61.021, Florida Statutes (2026): Residence requirements, The Florida Senate
- § 61.19, Florida Statutes (2026): Entry of judgment of dissolution of marriage, delay period, The Florida Senate
- § 61.052, Florida Statutes (2026): Dissolution of marriage, The Florida Senate
- § 61.16, Florida Statutes (2026): Attorney's fees, suit money, and costs, The Florida Senate
- § 61.21, Florida Statutes (2026): Parent Education and Family Stabilization Course, The Florida Senate
- Family Law Forms, Florida Courts