Florida Divorce Filing Requirements (2026): Residency, Forms, and Court Fees

# Florida Divorce Filing Requirements (2026): Residency, Forms, and Court Fees

Divorce proceedings in Florida are governed by specific statutory requirements that must be met before a dissolution of marriage can proceed. This guide provides a comprehensive overview of the 2026 requirements for filing for divorce in Florida, including residency, necessary forms, court fees, and additional procedural steps.

## Residency Requirement Under **Fla. Stat. § 61.021**, one spouse must have been a resident of Florida for at least six months immediately before the filing of the petition for dissolution of marriage. This requirement is designed to ensure that the state has jurisdiction over the divorce proceedings.

### Evidence of Residency To prove residency, you can provide any of the following: - A valid Florida driver's license - A Florida voter registration card - Testimony from a corroborating witness who can verify your residency

Military members stationed in Florida may also qualify for residency even if they do not have a Florida driver's license. If neither party meets the six-month residency requirement, you must wait until this period has been satisfied before filing.

## Grounds for Filing Florida is a no-fault divorce state, meaning that neither party needs to prove wrongdoing by the other to file for divorce. Under **Fla. Stat. § 61.052**, there are only two grounds for filing: 1. The marriage is irretrievably broken. 2. One spouse has been adjudicated mentally incapacitated for at least three years.

The most common ground is that the marriage is irretrievably broken, which simply means that the relationship cannot be salvaged and one or both parties wish to end it.

## Which Forms Do You Need? To file for divorce in Florida, you will need to complete several standardized forms. These forms are available from the **Florida Courts Self-Help Center** and can also be obtained at your local circuit court.

### Core Forms - **Petition for Dissolution of Marriage**: This form varies depending on whether you have minor children or significant property. - Form 12.901(a) [no minor children] - Form 12.901(b)(1) [with dependent/minor children] - Form 12.901(b)(2) [with property but no children]

- **Financial Affidavit**: This form provides a detailed overview of your financial situation. - Form 12.902(b) [income under $50,000/year] - Form 12.902(c) [income $50,000 or more]

- **Uniform Child Custody Jurisdiction and Enforcement Act (UCCJEA) Affidavit**: Required if you have minor children. - Form 12.902(d)

- **Notice of Social Security Number**: This form is required to provide your social security number for identification purposes. - Form 12.902(j)

### Completing the Forms To complete these forms accurately: 1. Download the forms from the Florida Courts Self-Help Center or obtain them from your local circuit court. 2. Fill out each form with detailed and accurate information. Be sure to sign and date all required sections. 3. Make copies of all completed forms for your records.

## Filing Location — Which Courthouse? You must file your divorce petition in the **circuit court** of the county where either you or your spouse resides. Here are the addresses and general hours for some common counties:

- **Miami-Dade County**: Lawson E. Thomas Courthouse, 175 NW 1st Avenue, Miami, FL 33128 - General Hours: 8:00 AM to 5:00 PM

- **Broward County**: Broward County Courthouse, 201 SE 6th Street, Fort Lauderdale, FL 33301 - General Hours: 8:00 AM to 5:00 PM

## Filing Fees (2026) Filing fees for divorce in Florida vary by county and the type of case. As of 2026, the approximate filing fees are:

- **Petition for Dissolution (with children)**: $409 in Miami-Dade County, $408 in Broward County - **Petition for Dissolution (no children)**: $401 in Miami-Dade County

### Additional Fees - **Process server fees**: $40–$75 per attempt - **Fee waivers**: If you cannot afford the filing fees, you may file an **Application for Determination of Civil Indigent Status** (Form 68) under **Fla. Stat. § 57.082** to request a waiver.

Fees are set by local clerks and can change. Always confirm the current fees with the clerk before filing.

## Mandatory Financial Disclosure Within 45 days of service of the petition, both parties must exchange mandatory financial disclosures under **Fla. Fam. L. R. P. 12.285**. The required documents include: - Federal tax returns for the past three years - Pay stubs for the last three months - Bank statements for the last three months - Retirement account statements - Credit card statements

These disclosures are essential for ensuring a fair and transparent division of assets and liabilities.

## Parenting Class Requirement If minor children are involved, both parents must complete a court-approved parenting course under **Fla. Stat. § 61.21** before a final judgment can be entered. The course must be approved by the Department of Revenue (DOR) or the court. Online options are available and typically cost between $25 and $45.

## Serving Your Spouse After filing, the respondent must be formally served with the divorce papers. This is done according to **Florida Rule of Civil Procedure 1.070**. The following are your options for service:

- **Acceptance/waiver of service**: The fastest method, where the respondent signs a waiver acknowledging receipt of the papers. - **Private process server**: A professional who serves legal documents. Costs range from $40 to $75 per attempt. - **Sheriff's service**: The local sheriff’s office can serve the papers for a fee, typically around $50. - **Service by publication**: As a last resort, if the spouse's location is unknown, you may request service by publication under **Fla. Stat. § 49.011**.

## Call to Action Filing for divorce can be a complex and emotional process. Ensuring that your paperwork is complete from day one can help avoid delays and complications. Working with a Florida family law attorney can provide you with the guidance and support you need.

If you have questions or are ready to proceed, we invite you to: - Take our [qualification quiz](/qualifier) - Review our [flat-fee pricing](/pricing) - Schedule a consultation ([book-consult])

This article is for informational purposes only and does not constitute legal advice.

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*This article is for informational purposes only and does not constitute legal advice. Laws and procedures change; always confirm details with a licensed Florida attorney.*