Divorce and Separation

How 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.

Divorce court forms, a pen and a calculator on a kitchen table, with a palm tree outside the window.

The short answer

To divorce in Florida without a lawyer, make sure one spouse has lived in Florida for at least six months, fill out the Florida Supreme Court–approved family law forms, and file them with the clerk of the circuit court in your county. If you agree on everything and have no minor children, use the Petition for Simplified Dissolution of Marriage (Form 12.901(a)). Otherwise, file a regular petition and handle service, financial disclosure and a final hearing yourself.

Can you get a divorce in Florida without a lawyer?

Yes. Florida lets you represent yourself in a divorce. The courts call it a "dissolution of marriage." You file the Florida Supreme Court–approved family law forms with the clerk of the circuit court in your county. The simplest route is simplified dissolution of marriage, which is open to spouses who agree on everything and have no minor children. Everyone else uses a regular petition.

First check the basic requirement. Under section 61.021, Florida Statutes, at least one spouse must have lived in Florida for 6 months before the petition is filed. Then pick the type of case that fits your situation.

Which Florida divorce forms do I need?

Your forms depend on whether you agree with your spouse and whether you have children or property. The Florida Courts website posts all of them for free, and Florida Law Help groups them like this:

Your situationMain petition form
You agree on everything, have no minor or dependent children, and neither of you wants alimonyForm 12.901(a), Petition for Simplified Dissolution of Marriage, filed with a Marital Settlement Agreement (Form 12.902(f)(3))
You have minor or dependent childrenForm 12.901(b)(1)
You have property but no childrenForm 12.901(b)(2)
You have no children and no propertyForm 12.901(b)(3)

In a regular case you usually also need a Summons (Form 12.910(a)) and a Family Law Financial Affidavit. Use the short form, 12.902(b), if your gross annual income is under $50,000. Use the long form, 12.902(c), if it is $50,000 or more. You also file a Certificate of Compliance with Mandatory Disclosure (Form 12.932).

Do I qualify for a simplified dissolution of marriage in Florida?

You qualify only if every one of these is true:

  • One spouse has lived in Florida for at least 6 months.
  • You have no minor or dependent children together, and the wife is not pregnant.
  • You agree on how to divide all property and debts.
  • Neither of you is asking for alimony.
  • You both agree the marriage is "irretrievably broken."

The instructions for Form 12.901(a) add some trade-offs. Both spouses must sign the petition in front of a clerk of court or a notary public, and both must attend the final hearing. By using this process you give up the right to a trial and to an appeal, and you skip the formal financial disclosure exchange. If you suspect your spouse is hiding assets, those protections matter. In that case, simplified dissolution is the wrong tool.

What are the steps to file for divorce in Florida on your own?

Most self-represented divorces follow the same steps:

  1. Check residency and choose your forms. Use the table above, or visit your county's family court self-help center for help picking the right packet.
  2. Complete and sign the petition. Some forms must be signed in front of a notary or a deputy clerk.
  3. File with the clerk of the circuit court in the county where you or your spouse lives, and pay the filing fee.
  4. Serve your spouse if you are not filing a simplified case together. The clerk issues a summons, and the sheriff or a certified process server delivers the papers.
  5. Exchange financial information. The Florida Bar says each spouse must provide financial documents and a completed financial affidavit within 45 days of service.
  6. Finish the extra requirements if you have children. The Florida Bar notes that parents must complete a parenting course, and you must file a child support guidelines worksheet. Many counties also send parents to mediation before a final hearing.
  7. Attend the final hearing. Under section 61.19, Florida Statutes, a judge cannot sign a final judgment until at least 20 days after the petition is filed, unless the court finds that waiting would cause injustice.

How much does a Florida divorce cost without a lawyer?

The main cost is the clerk's filing fee, which is about $408 to $409 as of October 2026. For example, the Duval County Clerk lists $409 for both a regular and a simplified dissolution of marriage. It also charges $10 for each summons issued and $295 for a counter-petition. Fees vary slightly by county, so check your clerk's current fee schedule before you file.

Other possible costs include sheriff or process server fees, notary fees, the parenting course and mediation.

If you cannot afford the fees, ask the clerk for an Application for Determination of Civil Indigent Status. If it is approved, it can cover the filing fee and sheriff service costs.

When should you hire a divorce lawyer in Florida instead?

Doing it yourself works best when the case is uncontested and simple. Consider talking to a lawyer if any of these apply:

  • You and your spouse disagree about parenting time, child support or alimony.
  • There is a house, a business, retirement accounts or significant debt to divide.
  • You think your spouse is hiding income or assets.
  • There is domestic violence or a safety concern.
  • Your spouse has already hired a lawyer.

You do not have to choose between full representation and none at all. Some Florida family lawyers will review your forms or coach you for one hearing for a set fee. To find one, call The Florida Bar Lawyer Referral Service at 800-342-8011 or use its online request. If your income is low, Florida Law Help lists free legal aid organizations by county.

For more on separation, alimony and dividing property, see our Divorce and Separation guides.

Frequently asked questions

How long does a divorce take in Florida without a lawyer?

By law, a judge cannot enter a final judgment until at least 20 days after the petition is filed (section 61.19, Florida Statutes). An agreed simplified dissolution can be finished soon after that, depending on when your court can schedule the hearing. Contested cases with children or disputed property take much longer.

Can I get a divorce in Florida if my spouse won't sign?

Yes. You file a regular petition, such as Form 12.901(b)(1), (b)(2) or (b)(3), and have your spouse formally served. If your spouse does not respond, the court can still move ahead. Simplified dissolution is not available, because it requires both spouses to sign and attend the hearing.

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

Yes. The instructions for Form 12.901(a) say both spouses must attend the final hearing, and both must sign the petition in front of a clerk or notary. In a regular uncontested divorce, the procedures for appearing can vary by circuit, so check with your local clerk or self-help center.

Where can I get free help with Florida divorce forms?

The Florida Courts website posts the approved family law forms for free, and many counties run family court self-help centers that help with filing steps. Self-help staff cannot give legal advice. If your income is low, Florida Law Help can connect you with legal aid.

Is it cheaper to divorce without a lawyer in Florida?

Usually, yes. Your main costs are the filing fee of about $408 to $409 as of October 2026, plus service, notary and course fees. If your case is contested or involves significant assets, mistakes on your own can cost more than paying for limited help from a lawyer.

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. Consumer Pamphlet: Dissolution of Marriage, The Florida Bar
  4. Petition for Simplified Dissolution of Marriage, Form 12.901(a), with instructions, Seminole County Clerk of the Circuit Court and Comptroller
  5. Fee Schedules, Duval County Clerk of the Circuit and County Courts
  6. Divorce, Separation and Annulment, Florida Law Help
  7. Family Law Forms, Florida Courts