The short answer
An uncontested divorce, where both spouses agree on everything, is the type most people handle without lawyers. In Florida, the easiest version is a simplified dissolution of marriage under Rule 12.105, Florida Family Law Rules of Procedure, which is for couples with no minor children who have agreed on their property and debts.
What type of divorce can be done without lawyers?
You can usually handle this yourself if you and your spouse agree. Two kinds of Florida divorce work well without lawyers. The first is a simplified dissolution of marriage (the court's name for a divorce), for spouses with no minor children who agree on property and debts and don't ask for alimony. The second is an uncontested regular divorce, where you agree on everything and file the court forms yourself.
The rules for the simplified path are in Rule 12.105, Florida Family Law Rules of Procedure. Under it, both spouses swear that:
- Children: You have no minor or dependent children together, the wife has no minor or dependent children born during the marriage, and the wife is not pregnant.
- Property and debts: You have divided your property and agreed on who pays your joint debts.
- The petition: The other facts in Form 12.901(a), the Petition for Simplified Dissolution of Marriage, are true.
Under the same rule, the clerk or family law intake staff must give you the forms and help you prepare them. The rule was current as of October 2026. On October 1, 2026, the Florida Supreme Court renamed all family law forms "Florida Supreme Court Approved Family Law Forms" and posts them on the Florida Courts Family Courts webpage. Forms you already have stay valid during the switch.
| Path | Who can use it | What it involves |
|---|---|---|
| Simplified dissolution of marriage | No minor or dependent children, no pregnancy, no alimony request, full agreement on property and debts | One joint petition, no trial and no appeal, both spouses at one short final hearing |
| Uncontested regular dissolution | Spouses who agree on everything, including a parenting plan and child support if they have children | Separate petition and answer, financial disclosure, a signed settlement agreement, then a final hearing |
| Contested dissolution | Spouses who disagree on money, property or children | Possible on your own, but this is where a lawyer helps most |
What does doing it without a lawyer depend on?
It depends mostly on how much you and your spouse agree. The less there is to fight about, the easier it is to do yourself.
- Residency: One spouse must have lived in Florida for 6 months before filing, under § 61.021, Florida Statutes.
- Grounds: The marriage must be "irretrievably broken," meaning it can't be saved, under § 61.052, Florida Statutes. You don't have to prove anyone was at fault.
- Waiting period: A judge can't enter the final judgment until at least 20 days after you file, under § 61.19, Florida Statutes, unless waiting would cause an injustice.
- Filing fee: $408, plus $10 for each summons issued, in Seminole County as of October 2026. Fees are close to this in most Florida counties, so check with your clerk of court.
- Court appearance: For a simplified dissolution, both spouses must appear before the judge, and the judge may ask you questions.
For the simplified path, both of you also give up the right to a trial and to an appeal. An appeal is asking a higher court to change the judge's decision.
Warning: In a simplified dissolution, you give up alimony and you may skip the full financial disclosure (sharing your income, debts and assets with each other). If you aren't sure what your spouse owns or owes, talk to a lawyer before you sign.
Frequently asked questions
Can I really get divorced in Florida without a lawyer?
Yes. Florida lets you represent yourself, which is called filing pro se. Rule 12.105 requires the clerk or family law intake staff to give you simplified dissolution forms and help you fill them out. Uncontested cases with children can also be filed using the Florida Supreme Court Approved Family Law Forms.
What are the risks of divorcing without a lawyer?
The main risk is giving up money or rights you didn't know you had. In a simplified dissolution, you waive alimony, a trial and an appeal. You may miss a retirement account, a hidden debt or tax issues. Once the judge signs the final judgment, it is hard to undo. A one-time consultation with a lawyer can catch these problems.
Do I still need court approval if I file without a lawyer?
Yes. Every Florida divorce ends with a judge signing a final judgment of dissolution of marriage. For a simplified dissolution, both spouses must appear before the court, and the judge may ask you to testify. The judge can't sign until at least 20 days after you file, under § 61.19, Florida Statutes.
How do I start the process in Florida?
You start by filing a petition with the clerk of court in a Florida county. First, make sure one spouse has lived in Florida for 6 months. Then pick the right forms, fill them out, sign them, and pay the filing fee, which was $408 in Seminole County as of October 2026. Many clerks accept e-filing through the Florida Courts E-Filing Portal.
What resources can help me through the process?
Several free resources can help. The Florida Courts Family Courts webpage posts the approved family law forms and instructions. Your county clerk of court and family law self-help center can explain the forms, though they can't give legal advice. Local legal aid offices may help if your income is low.
Sources
- Rule 12.105. Simplified Dissolution Procedure, Florida Family Law Rules of Procedure (FloridaRules.net)
- Family Law Rules of Procedure, October 1, 2026, The Florida Bar
- Supreme Court unifies Florida family law forms, The Florida Bar News
- Supreme Court of Florida, No. SC2026-1262, Supreme Court of Florida
- § 61.021, Florida Statutes: Residence requirements, The Florida Senate
- § 61.052, Florida Statutes: Dissolution of marriage, The Florida Senate
- § 61.19, Florida Statutes: Entry of judgment of dissolution of marriage; delay period, The Florida Senate
- Dissolution of Marriage (Divorce), Seminole County Clerk of the Circuit Court and Comptroller