how to file for divorce in florida without an attorney

by Ms. Lizeth Hills IV 10 min read

How to File for Divorce in Florida Without an Attorney.

  • 1. Meet Florida Residency Requirements for Divorce.
  • 2. Get a Petition for Dissolution of Marriage.
  • 3. Sign and Submit the Petition.
  • 4. Deliver a Petition Copy to Your Spouse.
  • 5. Finalize Florida Marital Settlement Agreement.
  • 6. Attend A Divorce Hearing.
  • 7. File the Final Disposition with the Clerk.

How to File for Divorce in Florida Without an Attorney
  1. Meet Florida Residency Requirements for Divorce. ...
  2. Get a Petition for Dissolution of Marriage. ...
  3. Sign and Submit the Petition. ...
  4. Deliver a Petition Copy to Your Spouse. ...
  5. Finalize Florida Marital Settlement Agreement. ...
  6. Attend A Divorce Hearing.

Full Answer

Can I get divorced without a lawyer in Florida?

The first step is to make sure your marriage qualifies for divorce in Florida. The state is one of many that has removed fault as a necessary grounds for divorce. Instead, it must only be proved that the marriage is "irretrievably broken," though fault can still be used in the division of assets and assigning alimony if the divorce goes to court.

Should you get a divorce without a lawyer?

1. Meet Florida Residency Requirements for Divorce. Before you start the filing process, you need to make sure that you meet all the divorce requirements in Florida. One of them is maintaining a residence in the state for at least 6 months. It would not be necessary for both of you to be residents to start a divorce in Florida – only for the filing party.

How do you file for divorce without an attorney?

In Florida, a divorce is referred to as a dissolution of marriage. While it’s legally possible to file for a dissolution on your own, it is not necessarily advised in all situations. If you and your spouse have no children and very few assets, some attorneys may recommend you file on your own — especially in cases where you and your spouse are on friendly terms. However, if you and your …

How to file for your divorce without a lawyer?

Jun 26, 2021 · How To File For Divorce In Florida Without A Lawyer. 1️collect all the divorce documents without any assistance. A florida divorce can be complicated when there are properties and bills to divide but if both parties are in mutual agreement and can sit down and complete a marital settlement agreement, the divorce can be finalized in a short amount of time.


Can you file for divorce in Florida without a lawyer?

You are not required to have a lawyer to get a divorce in Florida. However, if you have questions about your case, or you and your spouse do not agree on the divorce, then you need to talk to a lawyer. ... The court is not allowed to answer questions about your case or to give advice about your rights.

Can I file my own divorce papers in Florida?

Getting A Do-It-Yourself Divorce in Florida. Florida allows you to fill in your own forms and present them to the court to begin the dissolution of marriage process. ... This do-it-yourself divorce approach is ideal when you know you and your spouse can come to an agreement to pursue an uncontested divorce.

Can you get divorce in Florida without going to court?

Florida divorce law provides a process called a 'Simplified Dissolution of Marriage. ' Couples can use this to get a quick divorce, about 30 days from filing to finalization, as long as they have complete agreement on the terms of the divorce and it's uncontested.

How much does it cost to file divorce in Florida?

The filing fee for divorce in Florida is around $408-$409, and it's paid directly to the court when you file the paperwork. There may be additional minor fees for copy-making, and some counties might charge you about $12-15 for self-representation.

Is online divorce legal in Florida?

Florida allows the use of online divorce services to complete the paperwork required for an uncontested divorce. ... Other types of divorce may require the help of a divorce attorney.

Can I get a divorce without my spouse knowing?

Now, though, it's possible to file for divorce even when you don't know where your spouse is. The only catch is that you can't get a divorce without at least attempting to formally notify your spouse about the proceedings. ... So, even if you can't find your spouse, you can still file for divorce.

What documents do I need to file for divorce in Florida?

What Documents Do You Need for Your Divorce in Florida?A divorce petition. The spouse who files for divorce first is required to submit a petition. ... A counter-petition. ... A financial affidavit. ... A parenting plan.Dec 22, 2020

How do I start the divorce process in Florida?

Here are the steps to get a divorce (dissolution of marriage) in Florida:Step 1: Filing the Petition. ... Step 2: Answering the Petition. ... Step 3: Gathering Additional Information: The Divorce Discovery Process. ... Step 4: Mediation: Negotiating the Terms of the Divorce. ... Step 5: Agreeing on a Parenting Plan.More items...•Oct 1, 2020

What is the cheapest way to get a divorce in Florida?

Divorce in Mutual Agreement Filing for a divorce in mutual agreement is always cheaper. This avoids having to hire a process server or sheriff to serve the divorce papers to your spouse. You will also save on court mandated mediation, hiring an attorney and maybe even having to pay for their legal fees.Feb 16, 2019

What is a wife entitled to in a divorce in Florida?

Earning capacity and education of both parties. Contribution of each spouse to the marriage, including financial contributions. Tax treatment of both parties. Both parties' parenting responsibilities.Jul 23, 2019

How long do you have to be separated in Florida before divorce?

This means that if one spouse has lived in Florida for 6 months or longer and the other spouse has moved to another state, or never moved to Florida at all, it is likely the party residing in Florida can successfully petition the Florida court for a dissolution of marriage.Mar 10, 2018

How long does it take to get a divorce Florida?

A divorce can take anywhere between 3 and 24 months depending on whether it is contested or uncontested. The average uncontested divorce takes 3 months. The average contested divorce takes 12 months.Mar 10, 2018

How long do you have to live in Florida before filing for divorce?

You or your spouse must have resided in Florida for six continuous months prior to filing. Both spouses must sign and agree to all documents filed. No minor children may be involved. The wife may not be pregnant. You and your spouse agree to asset division in writing. No spousal support for either spouse is desired.

How long do you have to be a resident of Florida to get divorced?

No trial is necessary. Regular Dissolution of Marriage requires that at least one spouse has resided in Florida for at least six months prior to the divorce.

What happens if my spouse doesn't answer my divorce question?

If your spouse fails to provide an Answer within 20 days, you may file a Motion for Default. If approved, you may complete the divorce with the judge largely agreeing to the points in the original petition. A default judgment eliminates the need to consider any opinions from the respondent spouse, although it may not relinquish their right to equitable distribution of assets and liabilities.

What happens if my spouse disagrees with my divorce?

If your spouse files an Answer that disagrees with any of the allegations in the Petition for Dissolution of Marriage, or a Counter Petition, then you will face a contested divorce. This can be a costly and lengthy process which almost always requires the services of an experienced divorce attorney.

Can I get divorced in Florida without an attorney?

Florida permits you to apply for a divorce pro se, i.e. without an attorney. This process can be easily completed with the assistance of an online divorce service that will allow your to complete your paperwork in less than an hour. For $299, will walk you through creating all of the necessary divorce forms in hours not days, and they also provide a step-by-step guide through the Florida divorce process as well.

What are the issues in divorce?

The thorniest issues in most divorces involve property distribution, spousal support and child custody. If you and your spouse can come to an agreement on all of these issues, it is in your best interests to do so.

How to serve divorce papers to spouse?

There are a number of methods to serve divorce papers to a spouse: Entrust service of process to the county Sheriff’s office. Provide legal notice in person. Deliver the papers via mail to the respondent’s legal representative, home or business. Use a process server.

1. Check your state's requirements for filing

Check your state laws for any requirements for filing a no-fault divorce. For example, some states require that you and your spouse are physically separated for a period of time before filing. Additionally, your state may require proof of residency before filing for divorce.

2. Complete the no-fault divorce forms

Once you meet your state's requirements for filing, you should complete the applicable no-fault divorce forms, such as the petition for divorce. Contact your local county clerk's office for copies of these forms. Also, ask your local court about the required filing fees.

3. Discover if you have a no-fault uncontested divorce

If your spouse agrees to the terms of the divorce, your case will move through the court system quickly. If you and your spouse agree on provisions like the division of property and child support, your divorce is considered uncontested. You will then enter into a settlement agreement.

4. Determine if you have a no-fault contested divorce

If you and your spouse don't agree to all or some of the terms of the divorce, then you have a no-fault contested legal action. When this happens, you'll need to agree on the disputed issues. If you can't agree, you may need to go to mediation or have a trial. In this case, you may need an attorney to help you navigate this process.