The short answer
The biggest risks are agreeing to an unfair split of property, debts, retirement or support, making mistakes in court papers or required financial disclosure, and signing a settlement that's hard to change later. In Florida, these risks are lowest in a simplified dissolution, an agreed divorce with no children, and highest when there are children, real assets or a dispute.
What are the risks of divorcing without a lawyer?
Many people in Florida finish a divorce on their own, and you can find out early whether your case is one of them.
Three main risks: you may agree to an unfair split of property, debts, retirement or support, because no one has checked what you're owed. You may make mistakes in forms, financial disclosure or deadlines. And you may sign a settlement agreement that's hard to change once the judge signs the final judgment, the court order that ends the marriage.
Source: Rule 12.105 and Rule 12.285 of the Florida Family Law Rules of Procedure, and §§ 61.052 and 61.19, Florida Statutes (2026), as of October 2026.
Warning: The clerk's office can give you forms and help fill them in, but it can't give legal advice. No one in the courthouse will tell you whether your deal is fair.
What does the risk depend on?
Your risk depends mostly on how complicated your marriage is and whether you and your spouse agree. The more you own, owe or share, the more a mistake can cost.
- Children: If you have minor children together, you need a parenting plan and child support. Those affect your kids for years, so errors matter more.
- Agreement: Florida's simplified dissolution, a fast, joint divorce, is only for spouses who agree the marriage can't be saved and have divided their property and debts. Under Rule 12.105, you can't use it if you have minor or dependent children together.
- Financial disclosure: In most divorces, each spouse must share a financial affidavit, tax returns for the past 3 years, pay stubs and account statements within 45 days of service, under Rule 12.285. Couples in a simplified dissolution with a signed written settlement agreement are exempt.
- Assets: A house, a business or a retirement account can be valued or split the wrong way. Retirement plans often need a special court order to divide.
- Safety and power: If there's abuse, or one spouse controls the money, getting your own lawyer protects you more than any form can.
What does a do-it-yourself divorce cost in Florida?
The court costs are the same with or without a lawyer. For example, the Seminole County Clerk of Court & Comptroller lists these fees, as of October 2026:
- Filing fee: $408 for a dissolution of marriage
- Summons: $10 for each summons issued
- Card payment: an extra 3.5% fee
If you can't afford the fee, ask the clerk about filing as an indigent person. Other counties charge about the same, but check with your local clerk.
Deadline: Under § 61.19, Florida Statutes, a judge can't sign your final judgment until at least 20 days after the petition is filed, unless the court finds that waiting would cause injustice.
A good middle path is limited help. You file the papers yourself but pay a lawyer to review your settlement agreement before you sign. You can learn more in our divorce and separation guides.
| Type of case | Risk without a lawyer | Main reason |
|---|---|---|
| Simplified dissolution (no children, everything agreed) | Low | Both spouses sign forms together and see a judge; no mandatory disclosure if there's a written settlement |
| Uncontested divorce with children or major assets | Medium | Parenting plan, child support and full financial disclosure are required |
| Contested divorce (you disagree on anything important) | High | Hearings, evidence and negotiation against a spouse who may have a lawyer |
Frequently asked questions
Can I really get divorced in Florida without a lawyer?
Yes. Florida lets you represent yourself, called filing pro se, and the Florida Supreme Court approves family law forms for that use. Clerks' offices and self-help centers provide the forms. The court still has to grant your divorce, and no one there can give you legal advice, so the risk grows with children, assets or disagreement.
What type of divorce can be done without lawyers?
A simplified dissolution of marriage is the easiest. Under Rule 12.105, it's for spouses who agree the marriage is over, have no minor or dependent children together, the wife isn't pregnant, and have divided their property and debts. An uncontested regular divorce can also be done without lawyers, but it involves more forms and financial disclosure.
Do I still need court approval if I file without a lawyer?
Yes. Only a judge can end your marriage by signing a final judgment of dissolution. In a simplified dissolution, both spouses must appear before the judge together. Under § 61.19, Florida Statutes, the judgment can't be entered until at least 20 days after filing, unless waiting would cause injustice.
How do I start the process in Florida?
First, confirm that you or your spouse has lived in Florida for at least 6 months before filing. Then fill out the right Florida Supreme Court approved petition and file it with the circuit court clerk in your county, in person, by mail or through the Florida Courts E-Filing Portal. Pay the $408 filing fee, as of October 2026.
What resources can help me through the process?
Several free and low-cost options exist. Your county clerk of court offers approved forms and self-help programs, and many circuits run family court self-help centers. Legal aid groups may help if your income is low. You can also hire a lawyer just to review your agreement, which costs less than full representation.
Sources
- § 61.052, Florida Statutes (2026): Dissolution of marriage, Florida Legislature
- § 61.19, Florida Statutes (2026): Entry of judgment of dissolution of marriage; delay period, Florida Legislature
- Rule 12.105, Simplified Dissolution Procedure, Florida Family Law Rules of Procedure
- Rule 12.285, Mandatory Disclosure, Florida Family Law Rules of Procedure
- Dissolution of Marriage (Divorce), Seminole County Clerk of Court & Comptroller
- Instructions for Filing a Simplified Dissolution of Marriage, Volusia County Clerk of the Circuit Court