Do-It-Yourself Divorce
in Florida

What Is a Do-It-Yourself Divorce?

Florida has a process called a Simplified Dissolution of Marriage. This is designed so couples who meet specific requirements can file for divorce themselves without an attorney. It's inexpensive (since there are no lawyer fees) and relatively fast.

Is It Possible to Get a DIY Divorce in Florida?

You must meet specific requirements to qualify for this type of divorce filing.

First, you must be sure you meet Florida's residency requirements before you can file for divorce in the state. Either you or your spouse must have lived in Florida for at least six months before you can file for divorce.

You can file for a simplified divorce only if you meet all of these requirements:

• You and your spouse both agree to get divorced and agree to a no-fault divorce.
• You and your spouse have no minor children together, and neither spouse is pregnant.
• You agree on how you will divide your assets and debts
• Neither spouse is seeking alimony or spousal support from the other.
• You both agree to sign the paperwork, appear at the clerk's office, and appear at a final court hearing.

If you do not meet these criteria, you can still get a divorce but can't use this specific set of forms. You can find other forms on the Florida court website, work with an attorney, or use an online divorce service to complete your divorce.

Steps to File for Divorce in Florida by Yourself

If you and your spouse agree to use the Simplified Dissolution of Marriage process in Florida and you meet all the requirements listed, there are specific steps you must take to file for divorce.

1. Complete the Petition for Simplified Divorce of Marriage form from the Florida court website or your local court office.
2. Complete a marital settlement agreement indicating how you divide marital assets and debts. You have the option of not putting your agreement in writing; however, doing so makes it very difficult to enforce it should there be disagreement.
3. Complete the Family Court Cover Sheet.
4. You and your spouse must file the forms together with the clerk of the circuit court in the county where you live. Keep a copy for yourself.
5. Prove to the clerk that at least one of you has lived in Florida for at least six months by providing one of the following:
   1. A Florida driver's license, Florida ID card, or a voter registration card
   2. Testimony in court from another person who knows one of you has lived in Florida for six months
   3. An Affidavit of Corroborating Witness, signed by someone who knows you or your spouse has lived in Florida for at least six months, signed before the court clerk or a notary public
6. Pay the filing fees required. If you can't afford them, you can file an Application for Determination of Indigent Status, asking that the fees be waived. The court clerk will determine if you qualify.
7. Get a date and time for your court appearance from the court clerk or directly from the court.
8. You and your spouse must appear together in court at the time indicated.
9. If the court clerk tells you to complete it, bring the Final Judgment of Simplified Dissolution of Marriage form with you. In some counties, the court will complete this form.
10. Answer all of the judge's questions.
11. Receive the signed final judgment.

How Long Does a Do-It-Yourself Divorce Take in Florida?

Florida has a 20-day waiting period from the date you file the divorce. Your divorce cannot be finalized until 20 days have passed.

Often, it takes longer than this to finalize your divorce because the court has a busy calendar, and you may not be able to get a hearing date quickly. Usually, you can plan to be divorced within a few months of filing.

What is the Cost of a Do-It-Yourself Divorce in Florida?

The filing fee for a Simplified Dissolution of Marriage in Florida is around $400 but varies slightly by county.

Some courts charge a fee if you ask for paper forms, but forms are always free online.

If you use a lawyer to file your divorce, some charge a flat fee for a simplified dissolution, while other attorneys might charge an hourly rate. Either way, you could expect to spend hundreds or thousands of dollars more.

If you use an online divorce company, you can spend a few hundred dollars in addition to the filing fee. They complete the paperwork for you, so you don't have to.

A DIY Divorce in Florida: Pros and Cons

There are benefits and drawbacks to doing a DIY divorce in Florida.

Pros:

• You save money by handling the paperwork yourself.
• You can file it quickly and have a hearing as soon as possible, speeding up your divorce.
• Since you and your spouse do not have to testify against each other in court, it reduces animosity.
• You do not have to put your marital settlement agreement in writing if you choose not to. It does not become a public record, and you retain your privacy.

Cons:

• If you don't consult with an attorney, you don't know your rights and might agree to something detrimental without understanding what you are doing.
• You could make mistakes with the paperwork, resulting in delays or even a case dismissal.
• You cannot file for simplified dissolution if you have minor children of the marriage.
• You cannot file for simplified dissolution if you and your spouse do not agree on how to divide your marital assets and debts.
• You cannot file for simplified dissolution if you or your spouse want to receive alimony.

Alternatives to a DIY Divorce in Florida

There are alternatives to a DIY divorce that you should consider so that you know all your options. These include:

• Traditional divorce: You and your spouse each hire attorneys and let the attorneys handle the entire divorce, from the paperwork to the court appearances. If you and your spouse can agree, this can be handled relatively quickly, but if you disagree, it can take months or even over a year.
• Collaborative divorce: You and your spouse each hire attorneys who agree they will only negotiate a settlement for your divorce. They will not take the case to a trial. They work with you and your spouse to create an agreement.
• Divorce mediation: You and your spouse meet with a neutral third-party mediator who guides you through all the decisions that must be made and helps you reach a consensus. They do not make any decisions for you and instead assist you in working through the issues together. You reach a settlement, which you can then file with the court yourselves or hire an attorney to handle.
• Online divorce service: You contract with an online divorce company to complete your divorce papers for a low fee. Some providers have mediators available to help you work out issues if you cannot agree.

FAQ

Can I Get a DIY Divorce in Florida If I Have Kids?

You can get a divorce in Florida if you have kids, but you cannot use the Simplified Dissolution of Marriage forms. You must go through a traditional divorce procedure.

Do I Need a Lawyer for a DIY Divorce in Florida?

You do not need a lawyer to file for a divorce in Florida. You can complete and file the paperwork yourself.

Do I Need to Go to Court?

If you file for a Simplified Dissolution of Marriage in Florida, you have to appear for a brief hearing, but it is not a trial. Instead, the judge usually verifies the information in the forms and ensures you are both in agreement.

Is a DIY Divorce the Cheapest Way to Get a Divorce in Florida?

Filing for a simplified divorce in Florida is the least expensive way to file for divorce. You pay the filing fee and handle the forms and court appearance yourself.