The short answer
Yes. In Florida, only a judge can end a marriage by signing a final judgment of dissolution, whether or not you have a lawyer. For a simplified dissolution, Rule 12.105 says both spouses must appear before the court before the judge grants the divorce.
Do I still need court approval if I file without a lawyer?
Yes. Filing without a lawyer changes who fills out the forms, not who ends the marriage. In Florida, only a judge can grant a divorce by signing a final judgment, and that is true for every case, including simple ones where spouses agree on everything and represent themselves.
A final judgment is the signed court order that legally ends your marriage. Under § 61.052, Florida Statutes (2026), the court enters that judgment once it finds the marriage is "irretrievably broken," meaning it cannot be repaired. Representing yourself is called filing "pro se." It is allowed, but the judge still has to approve the result.
The law also sets a waiting period. § 61.19, Florida Statutes (2026), says:
"No final judgment of dissolution of marriage may be entered until at least 20 days have elapsed from the date of filing the original petition for dissolution of marriage; but the court, on a showing that injustice would result from this delay, may enter a final judgment of dissolution of marriage at an earlier date."
The simplest path, a simplified dissolution, still ends in front of a judge. Rule 12.105 of the Florida Family Law Rules of Procedure says the spouses "shall appear before the court in every case." The judge then reviews the petition and enters the judgment if the rule's requirements are met.
Good to know: The Florida Bar published a proposed change to Rule 12.105 on July 16, 2026. It would let the court excuse one or both spouses from appearing. As of October 2026, check with your county clerk on whether your judge still requires you both to attend.
Filing also costs the same with or without a lawyer. As of October 2026, the Flagler County Clerk of Court lists these fees:
- Filing fee (regular or simplified dissolution): $408, not refunded if you reconcile
- Summons preparation: $7
- Summons issuance: $10 per summons
| Path | Who can use it | What the judge does |
|---|---|---|
| Simplified dissolution | Spouses with no minor or dependent children, wife not pregnant, property and debts already divided, both agree | Holds a short hearing with both spouses present, then signs the final judgment |
| Uncontested regular dissolution | Spouses who agree on all issues but do not qualify for simplified, such as couples with children | Reviews your forms and agreements, then signs the final judgment |
| Contested dissolution | Spouses who disagree on property, support, or parenting | Hears both sides and decides the disputed issues before signing the final judgment |
What does the judge's approval depend on?
The judge approves your divorce when your paperwork is complete and the legal requirements are met. Having no lawyer does not lower the bar.
- Residency: One spouse must have lived in Florida for six months before filing. § 61.052 lets you prove it with a Florida driver license, ID card, voter card, or a witness.
- Grounds: The marriage must be irretrievably broken, or one spouse must have a qualifying mental incapacity.
- Waiting period: At least 20 days must pass after filing, unless the judge finds the delay would cause injustice.
- Simplified requirements: Under Rule 12.105, you both swear there are no minor or dependent children, the wife is not pregnant, and you have divided your property and debts.
- Showing up: The Flagler County Clerk warns that if either spouse misses the simplified hearing, the case may be dismissed.
To start, follow these steps in order.
- Download the Florida Supreme Court approved family law forms, such as Form 12.901(a) for simplified dissolution.
- File the petition and pay the fee at the clerk of court in your county.
- Wait for the hearing notice from the judge's office.
- Attend the hearing and bring any documents the clerk lists.
- Get a certified copy of your final judgment from the clerk.
Frequently asked questions
Can I really get divorced in Florida without a lawyer?
Yes. Florida lets you represent yourself in a divorce, called filing pro se. The Florida Supreme Court publishes approved forms you can file with the clerk. A judge still has to sign your final judgment, so you must meet every legal requirement, follow court rules, and attend any hearing the court sets.
What type of divorce can be done without lawyers?
Usually an uncontested one. A simplified dissolution under Rule 12.105 is built for spouses without lawyers. It fits couples with no minor or dependent children, no pregnancy, and an agreed split of property and debts. Uncontested regular divorces with children can also be done pro se, but they need more forms and financial disclosure.
What are the risks of divorcing without a lawyer?
The main risk is giving up rights you did not know you had. You might miss a retirement account, a debt, or support you could ask for. Mistakes in forms can delay the case or get it dismissed. Once the judge signs the final judgment, changing your property split is often hard.
How do I start the process in Florida?
You start by filing a petition with the clerk of court in your county. For a simplified divorce, that is Form 12.901(a), filed by both spouses together. As of October 2026, the filing fee is $408 in Flagler County. The judge's office then sets a hearing date and mails you notice.
What resources can help me through the process?
Start with your county clerk of court and the Florida Courts family law forms. Many clerks run self-help centers that explain which forms to file, though staff cannot give legal advice. Legal aid groups help people with lower incomes. A lawyer can also review your agreement for a limited fee before you file.
Sources
- Florida Statutes § 61.19, Entry of judgment of dissolution of marriage; delay period (2026), Florida Legislature
- Florida Statutes § 61.052, Dissolution of marriage (2026), Florida Legislature
- Florida Family Law Rules of Procedure (October 1, 2025 edition), The Florida Bar
- Proposed rule amendments to Florida Family Law Rule of Procedure Rule 12.105 (Simplified Dissolution Procedure), The Florida Bar News
- Dissolution of Marriage, Flagler County Clerk of the Circuit Court and Comptroller