How to File for Divorce in Florida
How to file for divorce in Florida: the residency rule, filing fee and fee waivers, uncontested options and how long it takes.
Short answer: One spouse must have lived in Florida for 6 months before the petition is filed. Residency must be backed up by proof, such as a valid Florida driver license, a Florida voter registration card, a valid Florida ID card, or testimony or an affidavit from another person. Fla. Stat. § 61.021; § 61.052(2)
| Residency requirement | One spouse must have lived in Florida for 6 months before the petition is filed. Residency must be backed up by proof, such as a valid Florida driver license, a Florida voter registration card, a valid Florida ID card, or testimony or an affidavit from another person. Source: Fla. Stat. § 61.021; § 61.052(2) |
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| Filing fee | By statute, the clerk's filing fee for a dissolution of marriage petition is up to $295 (for five or fewer respondents), plus a $4 additional filing fee. Charges for issuing a summons and for service by mail are extra. A fee of up to $50 applies to reopen a case 90 or more days after the final judgment. Clerks may charge less than the maximum, so check with the county clerk. The fee section read here does not describe the fee waiver (civil indigent) process. |
| Uncontested or simplified divorce | Spouses may file a joint Petition for Simplified Dissolution of Marriage (Form 12.901(a)) if they agree the marriage is irretrievably broken, at least one has lived in Florida more than 6 months, they have no minor or dependent children together, the wife has no minor or dependent children born during the marriage and is not pregnant, and they have divided their property and agreed on paying joint debts. Both spouses must sign the petition before the clerk or a notary and must appear before the judge. In 2026 the Family Law Rules Committee proposed changes to this rule, including adding that neither spouse seeks alimony. Whether those changes have been adopted was not confirmed. |
| Waiting period | A final judgment cannot be entered until at least 20 days after the petition is filed, unless the court finds that waiting would cause an injustice. Source: Fla. Stat. § 61.19 |
| Divorce forms | The Florida Courts website posts the Florida Supreme Court approved family law forms. Divorce (dissolution of marriage) petitions are in the 12.901 series (Forms A - B3): the Joint Petition for Simplified Dissolution of Marriage (12.901(a)), for spouses who agree on everything, have no minor or dependent children and are not seeking alimony; and regular Petitions for Dissolution of Marriage, such as the Petition for Dissolution of Marriage with Dependent or Minor Child(ren). Each form comes with instructions, and supporting documents are in the 12.902 series. Completed forms are filed with the clerk of the circuit court. Instructions for Form 12.901(a) (06/25): https://flcourts-media.flcourts.gov/content/download/685807/file_pdf/901a.pdf |
Where to get help in Florida
More Florida divorce & family law
- Getting a Marriage License in Florida
- Adopting a Child in Florida
- Guardianship of a Child or Adult in Florida
- Establishing Paternity in Florida
- Changing Your Name in Florida
- Child Custody Laws in Florida
- How Child Support Is Calculated in Florida
- Divorce Records in Florida
- Alimony and Spousal Support in Florida
- Legal Separation and Annulment in Florida
- All Florida divorce & family law rules
FAQ
How long do you have to live in Florida to file for divorce?
One spouse must have lived in Florida for 6 months before the petition is filed. Residency must be backed up by proof, such as a valid Florida driver license, a Florida voter registration card, a valid Florida ID card, or testimony or an affidavit from another person.
How much does it cost to file for divorce in Florida?
By statute, the clerk's filing fee for a dissolution of marriage petition is up to $295 (for five or fewer respondents), plus a $4 additional filing fee. Charges for issuing a summons and for service by mail are extra. A fee of up to $50 applies to reopen a case 90 or more days after the final judgment.
How do you get an uncontested divorce in Florida?
Spouses may file a joint Petition for Simplified Dissolution of Marriage (Form 12.901(a)) if they agree the marriage is irretrievably broken, at least one has lived in Florida more than 6 months, they have no minor or dependent children together, the wife has no minor or dependent children born during the marriage and is not pregnant, and they have divided their property and agreed on paying joint debts. Both spouses must sign the petition before the clerk or a notary and must appear before the judge.
Is there a waiting period for divorce in Florida?
A final judgment cannot be entered until at least 20 days after the petition is filed, unless the court finds that waiting would cause an injustice.
Where can I get divorce papers and forms in Florida?
The Florida Courts website posts the Florida Supreme Court approved family law forms. Divorce (dissolution of marriage) petitions are in the 12.901 series (Forms A - B3): the Joint Petition for Simplified Dissolution of Marriage (12.901(a)), for spouses who agree on everything, have no minor or dependent children and are not seeking alimony; and regular Petitions for Dissolution of Marriage, such as the Petition for Dissolution of Marriage with Dependent or Minor Child(ren). Each form comes with instructions, and supporting documents are in the 12.902 series. Completed forms are filed with the clerk of the circuit court.
General legal information, not legal advice. Laws change and local rules can differ; check the linked official source or talk to a lawyer about your situation.