How to Get Divorce Papers in Florida (2026) | Louis Law Group

In Florida, getting divorce papers means downloading the correct Supreme Court-approved form packet from floridacourts.gov, filing it with the circuit court clerk in your county, and serving a copy on your spouse — all of which you can do without an attorney. The specific forms and procedures depend on whether the divorce is uncontested or contested and whether minor children are involved. Under Fla. Stat. § 61.052, a Florida court dissolves a marriage upon finding the marriage is irretrievably broken, which requires no proof of fault.

How to Get Divorce Papers in Florida

1. What "Divorce Papers" Actually Means in Florida

In everyday language, "divorce papers" can refer to several distinct documents, and understanding the distinction prevents costly mistakes early in the process. At the outset, the term usually refers to the Petition for Dissolution of Marriage — the sworn document that officially opens the court proceeding. Florida uses the phrase "dissolution of marriage" rather than "divorce," but the legal effect is identical. The petition is filed with the circuit court clerk, assigned a case number, and serves as the foundation for every subsequent filing in the case.

Later in the proceedings, "divorce papers" can also refer to the summons served on your spouse, the financial affidavits both parties must file, any parenting plan required when minor children are involved, a marital settlement agreement if the divorce is uncontested, and ultimately the Final Judgment of Dissolution of Marriage signed by the judge. Each of these documents has its own Florida Supreme Court form number, its own filing deadline, and its own procedural requirements. Knowing which document is needed at which stage prevents paperwork from accumulating out of sequence and triggering unnecessary rejections by the clerk.

Florida's family-law forms are part of the Florida Family Law Rules of Procedure and are updated by the Florida Supreme Court on a rolling basis. Using an outdated version — a common problem with forms downloaded from unofficial third-party websites — can result in a clerk rejection or a judge requiring amended pleadings. Always confirm that the form version number on the document matches the current version listed on floridacourts.gov before printing or filing anything.

2. Residency Requirements You Must Meet Before Filing

Florida law requires that at least one spouse be a bona fide resident of Florida for at least six months immediately before the date of filing, as specified in Fla. Stat. § 61.021. "Bona fide resident" means the person has established Florida as their permanent domicile — not merely spent time here for business or vacation. A Florida driver's license, Florida voter registration card, or Florida vehicle registration is typically presented to the clerk as evidence of residency, and any one of those documents is ordinarily sufficient.

If neither spouse meets the six-month residency requirement at the time you want to file, the case must wait. Filing prematurely results in dismissal, which wastes the filing fee and forces you to restart. The six months must be completed by the date of filing, not by the date of any scheduled hearing. There is no requirement that the marriage was performed in Florida or that the other spouse currently lives in Florida; only one party needs to satisfy the durational residency test to give a Florida court jurisdiction over the dissolution itself.

Venue — meaning which county's court handles the case — is determined by residency. You may file in the circuit court of the county where you reside or where your spouse resides. If the parties live in different Florida counties, either county is technically a proper venue. Practical considerations — where minor children attend school, where jointly owned real estate is located, or which courthouse is more accessible — often guide the choice when both options are available.

3. Simplified vs. Regular Dissolution — Which Track and Forms Apply

Florida provides two procedural tracks. A simplified dissolution of marriage under Fla. Stat. § 61.103 is available only when both spouses agree on all issues, have no minor or dependent children together, the wife is not pregnant, neither spouse is seeking alimony, and both parties waive their rights to trial, the court record, and appeal. When every one of those conditions is satisfied, the simplified process uses a shorter form packet and can sometimes be resolved at a single joint hearing, making it considerably faster and less expensive than a contested proceeding.

The far more common path is the regular dissolution of marriage, which applies whenever one or more of the simplified-track conditions is not met — including cases where both parties agree on everything but have minor children. If children are involved, the governing petition is Form 12.901(b)(1); if no minor children are involved, the form is 12.901(b)(2). The complete set of required Florida divorce forms varies based on your situation — whether children are involved, whether either spouse seeks alimony, and whether marital property must be divided — so review the full checklist before assuming you have everything in order.

If minor children are involved, Fla. Stat. § 61.13 requires that a parenting plan be submitted and approved by the court before a final judgment can enter. The parenting plan must address the time-sharing schedule for each parent, ultimate decision-making authority for major decisions including education and healthcare, and the communication methods to be used between parents and child. Florida eliminated the terms "custody" and "visitation" in 2008 in favor of "time-sharing" and "parental responsibility," and forms or proposed orders that use the older terminology may be returned for revision before the judge will sign them.

4. Where to Obtain the Official Forms

The most reliable source for all Florida family-law forms is the Florida Courts self-help center at floridacourts.gov. Every required form is available as a free PDF download, organized by category — dissolution of marriage, parenting plan, child support, financial affidavit, and others. You may also visit your local circuit court clerk's office in person; most clerks maintain printed packets for the most commonly filed family-law forms, though court staff are prohibited by law from advising you about which forms apply to your specific facts.

Many Florida counties operate dedicated self-help centers or law library programs staffed specifically to help pro se litigants — parties representing themselves — navigate the filing process and identify the correct forms. These programs are available at no charge. See Florida divorce papers PDF for direct download links, guidance on completing the most common petition forms, and a list of the supplemental documents that typically accompany the petition at the time of filing.

Private legal document preparation services — sometimes marketed as "paralegals" or "legal document preparers" — will assemble paperwork for a fee, typically ranging from $150 to $400 depending on complexity. These services are not law firms and cannot provide legal advice; they can only type and organize information you supply to them. If the preparer makes an error on your forms, the legal consequences fall on you as the party of record, not on the preparer. For any case involving children, property, debt, or potential alimony, an attorney review of completed forms before filing can catch errors that would otherwise cause delays or compromise your legal rights.

5. Filing the Petition and Paying the Court Fee

Once your forms are complete and properly signed under oath, you file the original petition plus at least one copy with the circuit court clerk in the correct county. Many clerks require an additional copy for their internal records and ask that you bring a self-addressed stamped envelope so a file-stamped copy can be returned to you by mail after processing. A growing number of Florida counties also accept electronic filing through the Florida Courts E-Filing Portal at myflcourtaccess.com — check your specific county clerk's website before making the trip in person.

The Florida divorce filing fee as of 2026 is approximately $408–$409 in most Florida counties, with minor variations depending on the county and whether minor children are part of the case. If the fee creates a genuine financial hardship, you may simultaneously file an Application for Determination of Civil Indigent Status. The clerk reviews the application against federal poverty income guidelines and, if the application is approved, waives the filing fee. Approval is not automatic and requires that you accurately disclose your income and household size under oath.

After filing is accepted, the clerk stamps the petition with the date and a file number, assigns a case number, and issues a summons directed to your spouse. The case number must appear on every document filed from that point forward, and the file-stamped copy of your petition is your proof that the proceeding is open. Keep these documents in a dedicated folder separate from other paperwork — you will reference the case number each time you submit anything to the clerk's office or appear before the court.

6. Serving the Divorce Papers on Your Spouse

Filing the petition opens the court case, but your spouse does not become a legal party to the proceeding until they are formally served with process. Florida Rule of Civil Procedure 1.070 and Fla. Stat. § 48.031 govern service of process in civil and family cases. After the clerk issues the summons, you must arrange for a sheriff's deputy or a certified private process server to deliver the summons and a copy of the petition to your spouse at their residence, workplace, or another approved location. You cannot serve the documents yourself — using an unauthorized person renders the service void and requires you to start over.

Sheriff's offices in the county where your spouse lives typically charge $40–$60 per service attempt. Private process servers are frequently faster and sometimes offer flat-rate or expedited service. Once delivery is completed, the server files a proof of service — also called a return of service — with the circuit court clerk. The 20-day clock for your spouse to respond does not begin until valid service is documented in the court record; it does not begin on the date you paid the server or on the date of the first unsuccessful attempt.

If your spouse cannot be located after genuinely diligent efforts — checking all known addresses, contacting family members, searching social media, and reviewing public records — Florida law permits service by publication under Fla. Stat. § 49.011. This procedure requires publishing a legal notice in a qualifying newspaper for four consecutive weeks and filing proof of publication with the clerk. Service by publication is a last resort: a court generally cannot divide Florida real property or order financial support against a spouse served only by publication who never appeared in the proceeding, which limits the remedies available to you.

7. The 20-Day Response Window and Default Procedures

Once your spouse is validly served, they have 20 calendar days to file a written Answer with the court clerk. If they agree with the petition entirely, they may file a simplified response or, more commonly, sign a marital settlement agreement that is then submitted to the court as part of an uncontested final hearing package. If they dispute any part of the petition, they file a formal Answer and may simultaneously file a Counterpetition for Dissolution of Marriage, which requires you to respond within 20 days of service of the counterpetition.

If your spouse does not respond within 20 days, you may apply for a clerk's default under Florida Family Law Rule of Procedure 12.500. A default prevents the non-responding party from later contesting the issues raised in the petition and allows the case to move forward to a final hearing without their active participation. A default is not a final judgment — you still must schedule a hearing, present testimony under oath, and satisfy the judge that the statutory grounds for dissolution are met — but it removes the procedural obstacle of an absent or uncooperative spouse.

Procedural errors at this stage carry real consequences. Failing to verify that service was valid before moving for default, missing the deadline to respond to a counterpetition, or misstating the date of service in a default motion can result in the default being set aside or the case being dismissed. The complete Florida divorce process provides a stage-by-stage overview of what to expect from petition through final judgment, including how defaults and contested proceedings differ procedurally.

8. Mandatory Financial Disclosures Both Spouses Must Exchange

Florida Family Law Rule of Procedure 12.285 requires both spouses to exchange mandatory financial disclosures within 45 days of service of the petition, regardless of whether the divorce is contested or uncontested. Each party must file a Financial Affidavit sworn under penalty of perjury: Form 12.902(b) applies when gross annual income is under $50,000; Form 12.902(c) applies when income is $50,000 or more. The affidavit itemizes monthly income from all sources, monthly living expenses, all assets and their estimated values, and all liabilities including mortgages, car loans, and credit card balances.

The affidavit must be accompanied by supporting documentation: pay stubs for the three months before filing, federal tax returns for the most recent three years, bank and brokerage account statements for the most recent three months, documentation of retirement account balances, mortgage statements, and records of any other significant assets or debts. This exchange is triggered automatically by the filing of the petition — neither party needs to serve a formal discovery request. Failure to comply can result in the court striking pleadings, awarding attorney's fees against the non-complying party, or holding that party in contempt of court.

The financial affidavit is not a procedural formality — it is the factual foundation for the three most consequential financial outcomes in a dissolution. Child support is calculated using the income shares model mandated by Fla. Stat. § 61.30, which requires accurate income figures for both parents. Alimony is evaluated under the multi-factor test in Fla. Stat. § 61.08, which weighs each spouse's income, the duration of the marriage, and the marital standard of living, among other considerations. Equitable distribution of marital assets and debts is governed by Fla. Stat. § 61.075, which presumes equal division absent a demonstrated equitable reason for deviation. Concealing or misrepresenting assets in the affidavit exposes the filer to contempt sanctions even after the final judgment has entered.

9. Mediation: The Mandatory Step Before a Contested Hearing

Florida requires most divorcing parties to attempt mediation before a contested final hearing reaches a judge. Under Fla. Stat. § 44.102, circuit courts have broad authority to order mediation at any point during a family-law case, and most Florida circuits do so automatically by local administrative order shortly after a response is filed. Mediation is a confidential, structured negotiation session facilitated by a neutral third party called the mediator. The mediator does not render any decision and has no authority to impose an outcome; their role is to help the parties identify common ground and reach their own voluntary resolution.

Court-connected mediation through the circuit is available at a sliding-fee scale based on household income, and some low-income parties qualify for free services. Private mediators — those retained directly by the parties outside the court referral program — typically charge $200–$350 per hour per party, with most family-law mediation sessions running three to six hours for a moderately complex case. The advantage of private mediation includes scheduling flexibility and the ability to select a mediator with specific expertise, such as a certified family mediator with a background in business valuation for cases involving closely held companies or professional practices.

If mediation results in a complete resolution, the parties sign a Marital Settlement Agreement — Form 12.902(f)(1) when minor children are involved, Form 12.902(f)(2) when they are not — and a Parenting Plan if applicable. These documents are submitted to the judge for review and are incorporated by reference into the Final Judgment. If mediation resolves some but not all issues, only the remaining disputed matters go to a contested hearing, which significantly reduces the time and expense of litigation. If mediation fails entirely, the case is calendared for a contested final hearing at which both parties present evidence and the judge makes binding rulings.

10. The Final Hearing and Your Judgment of Dissolution

In an uncontested case in which both parties have signed the marital settlement agreement, completed all required financial disclosures, and submitted all required forms, the final hearing is typically a brief administrative proceeding that can last as little as ten to fifteen minutes. Both parties appear before the judge — or just the petitioner if the respondent has filed a written waiver of appearance — confirm their identities and Florida residency, affirm that the marriage is irretrievably broken under Fla. Stat. § 61.052, and state on the record that the settlement agreement was signed voluntarily and free of fraud or duress. The judge reviews the agreement and, if satisfied that it is reasonable and complies with Florida law, signs the Final Judgment of Dissolution of Marriage from the bench.

In a contested case, the final hearing functions as a bench trial before the circuit judge. Each party may present testimony, introduce documentary evidence, call witnesses, and cross-examine the opposing party and any witnesses they call. The judge considers the entire evidentiary record and issues a ruling — sometimes from the bench immediately after closing arguments, but more often in a detailed written order issued days or weeks later. That written ruling is the final judgment and is binding on both parties. Either party may appeal the final judgment to the applicable District Court of Appeal within 30 days of the date it is rendered, by filing a Notice of Appeal with the circuit court clerk and paying a separate appellate filing fee.

After the final judgment is signed and entered into the official court record, request at least two certified copies from the clerk's office — one for each spouse. A certified copy of the final judgment is the legal document you will present to the Social Security Administration, the Florida Department of Highway Safety and Motor Vehicles, financial institutions, and other agencies when updating your name or beneficiary designations. If the judgment addresses real property — transferring title of a home from joint ownership to one spouse, for example — a certified copy typically must be recorded in the official records of the county where the property is located, for which the clerk of courts charges a separate recording fee.

Bottom Line

Getting divorce papers in Florida is a multi-stage process: identify the correct official forms, confirm the six-month residency requirement under Fla. Stat. § 61.021, file with the circuit court clerk, arrange formal service of process on your spouse, exchange mandatory financial disclosures under Rule 12.285, attempt mediation, and attend a final hearing. The forms themselves are publicly available at no cost, but each stage carries distinct procedural rules, deadlines, and consequences for missteps. For a straightforward uncontested divorce without children or significant assets, self-representation is legally permissible. For any case involving minor children under Fla. Stat. § 61.13, substantial marital property under Fla. Stat. § 61.075, potential alimony under Fla. Stat. § 61.08, or meaningful disagreement between spouses, legal guidance can protect rights that forms alone cannot preserve. Review what a Florida divorce typically costs to understand what to expect financially, and contact Louis Law Group to discuss your specific circumstances.

Attorney Advertising Disclaimer

This article is general legal information provided for educational purposes only. It is not legal advice, does not create an attorney-client relationship, and should not be relied upon as a substitute for advice from a licensed Florida attorney regarding your specific situation. The information reflects Florida law as understood in 2026; statutes, court rules, and procedures are subject to change without notice. Past results obtained in prior matters do not guarantee or predict outcomes in any future case. If you have questions about your rights or obligations in a Florida dissolution of marriage proceeding, consult a licensed Florida family-law attorney.