How to File for Divorce in Florida

Step 1: Determine Your Eligibility

To file for divorce in Florida, at least one spouse must have resided in the state for a minimum of six months before filing. Residency requirements are critical and must be proven with a valid Florida ID, voter registration, or other documents.

Step 2: Choose the Appropriate Type of Divorce

Decide between a simplified or regular dissolution of marriage. Simplified divorces require mutual agreement, while regular divorces address disputes over assets, children, or support.
For detailed information about Florida’s divorce procedures, visit the Florida Mediation Services Overview.

Step 3: Prepare the Necessary Documents

Filing for divorce involves submitting various forms, including:

• Petition for Dissolution of Marriage: The primary document outlining your request for divorce.
• Family Law Financial Affidavit: Provides financial details to the court.
• Parenting Plan: If children are involved, this outlines custody and visitation arrangements.

These forms can be obtained from the Florida Courts Family Law Forms.

Step 4: File Your Paperwork

File your completed documents with the clerk of the circuit court in the county where you or your spouse resides. A filing fee, typically around $400, is required. If you cannot afford the fee, you can request a waiver by submitting the Application for Determination of Civil Indigent Status form.

Step 5: Serve Your Spouse

Once filed, you must serve your spouse with divorce papers. This can be done via certified mail, a private process server, or the local sheriff’s office. Proper service ensures your spouse is notified and has an opportunity to respond.

For guidance on serving divorce papers, refer to the Florida Rules of Civil Procedure.

Step 6: Attend Mediation or Court Hearings

Mediation is a mandatory step in many Florida divorces, helping couples resolve disputes without litigation. If agreements cannot be reached in mediation, the court will schedule hearings to decide unresolved issues.