How to Get a Divorce in Florida Without a Lawyer? Yes. You can get a divorce in Florida without hiring a lawyer. A person who represents themselves in court is generally called a pro se or self-represented litigant.
Florida provides Supreme Court-approved family law forms and instructions for people who choose to represent themselves. However, using court forms does not mean every divorce is simple. The appropriate forms and procedures depend on whether you have minor or dependent children, marital property or debt, disagreements about support, or other issues that need to be resolved.
Florida law requires at least one spouse to have lived in Florida for six months before the petition is filed.
The biggest question is not simply whether you can file without a lawyer. It is whether your divorce is straightforward enough that you understand the issues, agree with your spouse about the terms, and can complete the required court process accurately.
If you are considering a DIY divorce, this guide explains the basic Florida process, when it may be appropriate, what documents you may need, and when getting legal advice before filing may be worthwhile.
Free consultation. No obligation.
Call (904) 348-0030.
When Filing for Divorce Without a Lawyer May Work
A self-represented divorce may be more manageable when both spouses agree on the major issues and are willing to complete the required paperwork.
A DIY approach may be worth considering when:
- Both spouses agree that the marriage should end.
- Both spouses agree about the division of marital assets and debts.
- There are no minor or dependent children, or the parents have reached a complete agreement about parenting and child support.
- Neither spouse is asking the court to decide a disputed alimony issue.
- Both spouses are willing to provide the required financial information.
- Both spouses can communicate sufficiently to complete the process.
- You understand that court personnel cannot provide legal advice.
Florida court self-help materials specifically warn that their forms provide general procedural guidance and may not contain everything required for every individual case.
When You Should Consider Speaking With a Lawyer First
A consultation may be particularly important if you and your spouse disagree about a significant issue.
Consider getting legal advice before filing if:
- You disagree about parenting or time-sharing.
- Child support is disputed.
- Alimony is disputed.
- You disagree about dividing property or debt.
- Your spouse owns a business.
- You have significant retirement accounts or investments.
- You own real estate.
- You believe your spouse is hiding income or assets.
- There are substantial marital debts.
- You or your spouse may be entitled to a significant financial claim.
- There is a history of domestic violence or another safety concern.
- Your spouse has already hired a lawyer.
- You have received divorce papers and are not sure how to respond.
- You are unsure which forms apply to your circumstances.
A consultation does not necessarily mean you have to hire an attorney to handle the entire case. You can ask about the process, documents, and issues that may require particular attention.
Florida’s Six-Month Residency Requirement
Before a Florida court can grant a dissolution of marriage, one of the spouses must have resided in Florida for at least six months before the petition is filed. This requirement is found in Florida Statutes § 61.021.
Residency is different from simply being in Florida temporarily.
Florida courts provide several ways to establish the required residency. For example, a qualifying Florida driver’s license or identification card may be used, or a witness may testify about the person’s Florida residency.
If you are uncertain whether you meet the residency requirement, address that issue before filing.
Step 1: Decide What Type of Florida Divorce Applies
Florida has different forms and procedures depending on the circumstances of the marriage.
The Florida Courts family law forms include petitions for:
- Simplified dissolution of marriage
- Dissolution of marriage with minor or dependent children
- Dissolution of marriage with property but no minor or dependent children
- Dissolution of marriage with no minor or dependent children or property
The Florida Courts website currently lists these petitions as Forms 12.901(a) and 12.901(b)(1) through (b)(3).
Choosing the correct petition matters because the forms and supporting documents differ.
Step 2: Determine Whether You Qualify for a Simplified Dissolution
A simplified dissolution of marriage is one option for couples who meet specific requirements.
Florida court materials describe requirements that include:
- At least one spouse has lived in Florida for six months before filing.
- Both spouses agree that the marriage is irretrievably broken.
- Both spouses agree to the simplified procedure.
- There are no minor or dependent children together.
- The wife is not pregnant.
- The spouses have already made arrangements concerning their marital assets and debts.
- Both spouses can comply with the applicable court requirements.
The exact requirements and forms should be checked against the current Florida Supreme Court-approved materials before filing.
If you have children, significant property, disputed support, or another issue that prevents you from meeting the simplified-dissolution requirements, another procedure may apply.
Step 3: Gather Your Financial Information
Divorce involves more than ending the marriage. If marital assets, debts, alimony, or child support are involved, financial information can become important.
Gather records such as:
- Recent pay stubs
- Tax returns
- Bank statements
- Credit-card statements
- Mortgage statements
- Vehicle-loan information
- Retirement-account statements
- Investment-account information
- Insurance information
- Business records, if applicable
- Records of significant debts
- Information about real estate
- Information about other significant assets
Florida’s family law forms include financial affidavits and other financial documents. The Florida Courts website currently lists both the short-form and long-form Family Law Financial Affidavit among the approved forms.
Step 4: Identify Your Marital Assets and Debts
Before filing, make a complete list of what you and your spouse own and owe.
Potential issues include:
Assets
- The marital home
- Other real estate
- Vehicles
- Bank accounts
- Retirement accounts
- Investments
- Business interests
- Valuable personal property
Debts
- Mortgages
- Credit cards
- Vehicle loans
- Personal loans
- Tax obligations
- Medical debt
- Other marital liabilities
Florida law addresses equitable distribution of marital assets and liabilities. That means property and debt division should not be treated as simply “splitting everything in half” without considering the applicable law and circumstances.
If you and your spouse cannot agree about significant assets or debts, consider getting legal advice before signing a settlement agreement.
Step 5: If You Have Children, Address Parenting and Child Support
A divorce involving minor or dependent children requires additional considerations.
Florida’s family law forms include a parenting plan, child support information, and a Child Support Guidelines Worksheet among the documents used in applicable cases.
A parenting plan generally addresses matters such as:
- The time-sharing schedule
- School arrangements
- Holidays
- Transportation
- Communication
- Decision-making responsibilities
- Other parenting issues
Florida law defines a time-sharing schedule as a timetable specifying the time, including overnights and holidays, that a child spends with each parent. The schedule can be agreed upon by the parents and approved by the court, or established by the court if the parents cannot agree.
Child support is calculated under Florida’s statutory guidelines rather than simply being whatever amount the parents choose.
If you and your spouse disagree about parenting, child support, or other issues involving your children, a consultation before filing may be particularly valuable.
Step 6: Complete the Appropriate Florida Family Law Forms
Florida provides Supreme Court-approved forms for family law cases.
Depending on your circumstances, the paperwork can include:
- Petition for Dissolution of Marriage
- Family Law Financial Affidavit
- Notice of Social Security Number
- Certificate of Compliance with Mandatory Disclosure
- Parenting Plan
- Child Support Guidelines Worksheet
- Marital Settlement Agreement
- Summons
- Other required notices and supporting documents
The appropriate forms depend on the circumstances of your case. The Florida Courts website maintains the current family law forms.
Do not assume that a form packet designed for one type of divorce applies to every case.
Step 7: File the Divorce Petition
The divorce case begins when the required documents are filed with the appropriate Florida circuit court.
The filing generally includes the petition and applicable supporting documents, together with the required filing fee or an approved application concerning court costs if applicable.
The clerk’s office can provide information about filing procedures and administrative requirements. Court personnel, however, cannot give you legal advice about what you should request or what legal position you should take.
Step 8: Properly Notify Your Spouse
After the divorce case is filed, your spouse must receive the required legal notice.
The method depends on the circumstances.
If your spouse cooperates, there may be documents that allow the case to proceed without traditional personal service. If your spouse does not cooperate or cannot be located, different procedures may apply.
Florida court self-help materials identify procedures involving summonses, waivers, diligent searches, and constructive service depending on the circumstances.
Do not assume that sending your spouse a copy of the petition by email or text message is sufficient legal service.
Step 9: Complete Required Financial Disclosure
Financial disclosure is an important part of many Florida divorce cases.
The required disclosures depend on the circumstances and applicable Florida Family Law Rules of Procedure.
Financial information may be particularly important when the case involves:
- Child support
- Alimony
- Property division
- Debt division
- Significant assets
- Business interests
- Disputed income
Keep copies of everything you file and everything you provide to your spouse.
Step 10: Reach an Agreement or Proceed With the Disputed Issues
A divorce can be resolved by agreement or can proceed as a contested case.
If You and Your Spouse Agree
You may be able to submit an agreement addressing the issues that need to be resolved.
Depending on the case, that can include:
- Property division
- Debt division
- Parenting
- Time-sharing
- Child support
- Alimony
- Other financial issues
The court still has to review and enter the appropriate final judgment.
If You Do Not Agree
The case may involve:
- Additional filings
- Discovery
- Mediation
- Hearings
- Temporary orders
- A trial or final hearing
At this point, a case that began as a DIY divorce can become substantially more complicated.
Step 11: Attend the Required Hearing or Follow the Applicable Final-Judgment Procedure
The final stage depends on the type of divorce and whether the issues are contested.
You may need to attend a final hearing and provide evidence or testimony concerning the requirements for the divorce.
Florida law provides that a judgment of dissolution generally requires a finding that the marriage is irretrievably broken, subject to the statutory provisions.
Follow the specific instructions from the court and the applicable forms for your case.
Step 12: Obtain the Final Judgment
The divorce is not complete simply because the petition has been filed.
The marriage is legally dissolved when the court enters the appropriate final judgment of dissolution of marriage.
Keep a certified copy of the final judgment with your important records.
You may need the final judgment later when dealing with matters such as:
- Real estate
- Financial accounts
- Retirement accounts
- Insurance
- Name changes
- Parenting arrangements
- Child support
- Other legal or financial matters
What Does “Uncontested Divorce” Mean?
An uncontested divorce generally means the spouses have reached agreement on the issues that must be resolved.
It does not simply mean that both spouses want to be divorced.
For example, spouses may agree that the marriage should end but disagree about:
- The marital home
- Retirement accounts
- Credit-card debt
- Alimony
- Parenting
- Time-sharing
- Child support
If significant issues remain unresolved, the case may not be truly uncontested.
What If My Spouse Does Not Agree to the Divorce?
Florida law provides that a divorce can be granted when the statutory requirements are met, including a finding that the marriage is irretrievably broken.
Your spouse’s refusal to sign an agreement does not necessarily prevent a divorce.
However, disagreement can make the case more complicated because the court may need to resolve issues involving property, finances, parenting, support, or other matters.
If your spouse is contesting the divorce or any significant issue, consider speaking with a family law attorney before deciding how to proceed.
What If There Is Domestic Violence or a Safety Concern?
A DIY approach may not be appropriate when there are safety concerns.
If there has been domestic violence, threats, stalking, coercive behavior, or another immediate safety concern, consider getting appropriate assistance before communicating with your spouse about the divorce or signing an agreement.
Do not disclose sensitive safety information in a public comment or online forum.
If there is an immediate danger, contact emergency services or an appropriate local domestic-violence resource.
Common DIY Divorce Mistakes
Using the wrong form
Florida has different divorce petitions and supporting forms for different circumstances. Using a form intended for a different type of case can create problems.
Assuming “50/50” automatically applies to everything
Florida equitable distribution involves marital assets and liabilities and is more nuanced than simply dividing every item equally.
Forgetting about retirement accounts
Retirement benefits can have significant financial value and may require careful treatment in a divorce.
Ignoring debt
A divorce agreement should address marital liabilities as well as assets.
Treating a parenting agreement as a casual schedule
A parenting plan can establish important rights and responsibilities concerning your children.
Assuming child support is whatever the parents agree to
Florida uses statutory child support guidelines in applicable cases.
Signing an agreement without understanding it
A settlement agreement can affect property, debt, support, and parenting rights. If you do not understand the legal consequences of an agreement, consider having an attorney review it before signing.
Assuming the clerk can tell you what to file
Court staff can provide limited administrative or procedural assistance, but they cannot give legal advice.
What to Gather Before a Divorce Consultation
Even if you intend to file without a lawyer, a consultation can help you identify issues before you commit to a particular approach.
Consider bringing:
- Your marriage information
- Proof of Florida residency
- Recent income records
- Tax returns
- Bank statements
- Retirement-account information
- Real estate documents
- Vehicle information
- Credit-card and loan statements
- Existing agreements
- Information about children
- A proposed parenting schedule, if applicable
- Existing court orders
- Any documents already received from your spouse or their attorney
Also make a short list of the issues you and your spouse agree about and the issues you do not.
Questions to Ask Before Filing Without a Lawyer
Consider asking:
- Which Florida divorce procedure applies to my situation?
- Do I qualify for a simplified dissolution?
- Which forms do I need to file?
- Do I have minor or dependent children issues that require additional documents?
- How should our property and debts be addressed?
- Could alimony be an issue?
- How should our parenting plan be structured?
- How is child support calculated?
- Does my spouse need to be formally served?
- What happens if my spouse refuses to cooperate?
- Do I need to attend a hearing?
- Would an attorney review of my paperwork make sense before I file?
Frequently Asked Questions
Can I get a divorce in Florida without a lawyer?
Yes. Florida allows people to represent themselves in family court. Florida Courts provides approved family law forms and information for self-represented litigants.
How long do I have to live in Florida before filing for divorce?
At least one spouse must have resided in Florida for six months before the petition is filed.
Can I file for divorce online in Florida?
Florida courts provide electronic filing systems and procedures, but the exact filing process depends on the court and case. Check the applicable Florida court or clerk’s instructions before submitting documents electronically.
Can I get a divorce without my spouse signing the papers?
A spouse’s refusal to sign an agreement does not necessarily prevent the divorce. However, if your spouse does not cooperate, the case may require additional procedures and court involvement.
Can I get a simplified divorce if we have children?
The simplified dissolution procedure has specific eligibility requirements and generally is not available when the spouses have minor or dependent children together. Other dissolution procedures apply to divorces involving children.
What happens if we agree on everything?
If both spouses agree on the issues that must be resolved and satisfy the requirements for the applicable procedure, the case may be resolved without a contested trial. The court still must enter the appropriate final judgment.
What if we agree about the divorce but disagree about property?
The case is not fully resolved simply because both spouses agree that they want a divorce. Property and debt issues may still need to be resolved before a final judgment can address the marriage.
Do I need a parenting plan if we have children?
A divorce involving minor or dependent children requires additional family-law documents, including a parenting plan in applicable cases. Florida’s approved forms include parenting-plan materials and child-support worksheets.
Is this article legal advice?
No. This is general educational information about Florida divorce procedures. The correct forms, strategy, and legal requirements depend on the specific circumstances of the case.
Official Florida Resources
For current information and forms, start with the official Florida Courts resources:
- Florida Courts — Family Law Forms
- Florida Courts — Pro Se Forms and Instructions
- Florida Statutes — Chapter 61
Because forms, rules, and court procedures can change, check the current official materials before filing.
Talk With The DeVries Law Firm, P.A.
You do not have to decide at the beginning whether you need full representation.
If you are considering filing for divorce on your own, a consultation can help you understand the issues that may apply to your situation and whether a DIY approach is appropriate.
The DeVries Law Firm, P.A. serves Jacksonville-area families in divorce and family law matters.
Free consultation. No obligation.
Call (904) 348-0030.
Important Note
Attorney Advertising.
This article is general educational information for Florida readers and is not legal advice. Florida divorce law involves statutes, court rules, approved forms, and individual facts. The information on this page does not create an attorney-client relationship. A consultation is necessary to evaluate the specific circumstances of a particular case.