The short answer
You start a Florida divorce by filing a Petition for Dissolution of Marriage with the clerk of the circuit court in your county, after one spouse has lived in Florida for 6 months. As of October 2026, the filing fee is $408, plus $10 to issue a summons.
How do I start the divorce process in Florida?
One filing starts it: a Petition for Dissolution of Marriage, filed with the clerk of the circuit court in your county. A petition is the court form that asks a judge to end the marriage. One spouse must have lived in Florida for 6 months first. As of October 2026, the filing fee is $408, plus $10 for a summons.
This is a step you can take calmly and in order. Florida law sets the residency rule in § 61.021, Florida Statutes:
"To obtain a dissolution of marriage, one of the parties to the marriage must reside 6 months in the state before the filing of the petition."
The fees come from county clerks, including the Flagler County and Jackson County Clerk of Court pages (checked October 2026). The $408 fee is not refunded if you later reconcile.
What are the steps?
Most people follow the same path, whether or not they hire a lawyer.
- Confirm that you or your spouse has lived in Florida for at least 6 months.
- Pick the right forms from the Florida Supreme Court's family law forms (simplified or regular).
- Fill out the forms and sign them in front of a notary or a deputy clerk.
- File the forms with the circuit court clerk and pay the $408 fee.
- Have your spouse served, meaning formally handed the papers, unless your spouse signs with you.
- Exchange financial papers within 45 days, as Rule 12.285, Florida Family Law Rules of Procedure, requires.
- Attend the final hearing, where the judge signs the final judgment.
Deadline: A judge cannot sign the final judgment until at least 20 days after you file the petition, under § 61.19, Florida Statutes, unless the court finds that waiting would be unjust.
Florida is a no-fault state. Under § 61.052, Florida Statutes, you only need to say the marriage is "irretrievably broken," meaning it cannot be saved.
| Path | Who can use it | Filing fee |
|---|---|---|
| Simplified dissolution | Both agree the marriage is over; no minor children and no pregnancy; property and debts already split; no alimony; both sign and attend the hearing | $408 plus $10 summons if needed |
| Regular dissolution (uncontested or contested) | Everyone else, including couples with children or disputes over money, property or alimony | $408 plus $10 summons |
What does the starting step depend on?
Your starting forms depend on whether you agree and whether you have children. The facts below decide which path fits.
- Children: With minor children, you file a regular petition, plus a parenting plan and child support forms.
- Agreement: If you agree on everything, you can file an uncontested case or a simplified dissolution.
- Alimony: If either spouse wants alimony, meaning spousal support, simplified dissolution is not allowed.
- Money papers: Each spouse fills out a financial affidavit, a sworn list of income, bills, assets and debts. Form 12.902(b) is for income under $50,000 a year; Form 12.902(c) is for $50,000 or more.
- County costs: Some clerks charge extra for packets, copies, notary help and service by the sheriff. Jackson County lists a $29 packet fee and service starting at $40.
Tip: Your county clerk's family law office can tell you which forms to file and what they cost. Clerks cannot give legal advice, though.
You can read more about each path in our divorce and separation guides.
Frequently asked questions
Can I really get divorced in Florida without a lawyer?
Yes. Florida lets you represent yourself, called filing "pro se." The Florida Supreme Court publishes approved family law forms, and county clerks sell form packets. It works best when you and your spouse agree on everything. If you have children, a house, a pension or a disagreement, talk to a lawyer first.
What type of divorce can be done without lawyers?
Simplified dissolution and uncontested divorces are the easiest to do yourself. A simplified dissolution needs no minor children, no pregnancy, no alimony request, and a full agreement on property and debts. Both spouses sign the petition and attend the final hearing. Uncontested regular divorces can also be done without lawyers, with more forms.
What are the risks of divorcing without a lawyer?
The main risk is giving up money or rights you did not know you had. Common mistakes include missing retirement accounts, splitting debt unfairly, waiving alimony, or writing a parenting plan that is hard to enforce. A final judgment is hard to change later. Even a one-time consultation can catch problems before you sign.
Do I still need court approval if I file without a lawyer?
Yes. Only a judge can end a Florida marriage. Every case, including a simplified dissolution, ends with a final hearing where the judge reviews your papers and signs the final judgment. Under § 61.19, Florida Statutes, that cannot happen until at least 20 days after you file the petition.
What resources can help me through the process?
Start with the Florida Supreme Court's free family law forms and instructions on flcourts.gov. Your county clerk of court sells form packets and explains filing steps. Many circuit courts run self-help centers for people without lawyers. Legal aid groups and The Florida Bar's lawyer referral service can help you find low-cost advice.
Sources
- Section 61.021, Florida Statutes: Residence requirements, The Florida Senate
- Section 61.052, Florida Statutes: Dissolution of marriage, The Florida Senate
- Section 61.19, Florida Statutes: Entry of judgment of dissolution of marriage, The Florida Senate
- Dissolution of Marriage, Flagler County Clerk of the Circuit Court
- Dissolution of Marriage No Children or Assets Packet, Jackson County Clerk of Court
- Rule 12.285. Mandatory Disclosure, Florida Family Law Rules of Procedure, FloridaRules.net