How to File for Dissolution of Marriage in Florida (2026): Step-by-Step

How to File for Dissolution of Marriage in Florida

To file for dissolution of marriage in Florida, one spouse must have lived in the state for at least six months, then file a Petition for Dissolution of Marriage in the circuit court for the county where either spouse lives, pay the filing fee, and have the other spouse served. Florida is a no-fault state, so you do not have to prove wrongdoing — only that the marriage is irretrievably broken. The rest of the process depends on whether you and your spouse agree on the terms.

This guide walks through each step, the two filing paths, the financial disclosure every filer must complete, and what to expect if children are involved.

1. Florida calls divorce "dissolution of marriage"

Florida law does not use the word "divorce" in its statutes. The legal process is dissolution of marriage, governed by Fla. Stat. Chapter 61. The practical meaning is identical — it ends the marriage — but every form and order you encounter will use the statutory phrase.

Florida is a no-fault state. Under Fla. Stat. § 61.052, a court can dissolve a marriage on either of two grounds: that the marriage is irretrievably broken, or that one spouse has been mentally incapacitated for the preceding three years. The overwhelming majority of cases proceed on the "irretrievably broken" ground, which means neither spouse has to prove adultery, cruelty, or any other misconduct to obtain the dissolution itself.

2. Step one: meet the residency requirement

Before anything is filed, Fla. Stat. § 61.021 requires that at least one spouse has resided in Florida for six months immediately before filing the petition. This is a jurisdictional rule — a court cannot grant a dissolution without it, and a case filed too early can be dismissed.

Residency is usually proven with a valid Florida driver license, a Florida ID card, or a voter registration card issued more than six months before filing. If you do not have one of those, residency can be established through the testimony or sworn affidavit of a third-party witness who can confirm you have lived in Florida for the required period. Our overview of Florida divorce filing requirements covers the residency proof and venue rules in more detail.

3. Step two: choose your path — simplified or regular dissolution

Florida offers two procedural tracks, and choosing the right one early saves time and money.

• Simplified dissolution of marriage. The fastest route, but it is only available when both spouses agree to it and all of the following are true: the couple has no minor or dependent children together, the wife is not pregnant, neither spouse is seeking alimony, the parties have already divided their property and debts by agreement, and both are willing to attend the final hearing together. Both spouses sign the petition jointly and give up the right to a trial and to financial disclosure from the other side.
• Regular dissolution of marriage. Everything that is not simplified. This is the path whenever there are minor children, an alimony claim, unresolved property or debt issues, or one spouse who will not cooperate. It can still be fully uncontested if the spouses settle every issue by written agreement — the difference is that the regular track preserves the procedural protections (financial disclosure, the right to a hearing) that simplified dissolution waives.

If you are weighing how much conflict your case involves, our comparison of uncontested versus contested divorce in Florida explains how each path actually plays out.

4. Step three: prepare and file the petition

The case formally begins when the Petition for Dissolution of Marriage is filed with the clerk of the circuit court. Venue is the county where either spouse resides. The petition states the residency basis, alleges the marriage is irretrievably broken, and sets out what the filing spouse is asking the court to decide — property division, alimony, a parenting plan, child support, and restoration of a former name if desired.

Florida publishes Supreme Court Approved Family Law Forms for each situation (for example, a petition for simplified dissolution, a petition with dependent or minor children, and a petition with property but no children). Using the correct form for your facts matters, because the petition frames every issue the court can rule on. The clerk charges a filing fee of roughly $408, and a fee waiver is available for filers who cannot afford it by submitting an Application for Determination of Civil Indigent Status.

5. Step four: serve your spouse (or file a waiver)

After filing, the other spouse — the respondent — must receive formal notice. If your spouse will not sign a waiver, you arrange personal service through the county sheriff or a certified process server, who hands the petition and summons to the respondent. You cannot serve the papers yourself.

Once served, the respondent has 20 days to file an Answer, and may also file a counter-petition raising their own requests. If both spouses agree, the respondent can instead sign and notarize an Answer and Waiver of Service, which keeps an uncontested case moving without the cost of a process server. If a served spouse never responds, the filing spouse may ask the court to proceed by default.

6. Step five: complete mandatory financial disclosure

In every regular dissolution, both spouses must exchange financial information. Florida Family Law Rule 12.285 requires each party to file a Family Law Financial Affidavit and to produce supporting documents — recent tax returns, pay stubs, bank and retirement statements, and proof of debts. This step is not optional, and incomplete disclosure is one of the most common reasons a case stalls. Our guide to Florida mandatory disclosure under Rule 12.285 lists exactly what each spouse has to turn over.

Honest, complete financial disclosure is also what makes a fair settlement possible. The numbers on the financial affidavits drive both the child support calculation and any alimony analysis.

7. If you have children: parenting plan and parent course

When the marriage involves minor children, two extra requirements apply. First, the parents must establish a parenting plan that allocates parental responsibility (decision-making) and sets a time-sharing schedule under Fla. Stat. § 61.13. Since 2023, Florida starts from a rebuttable presumption that equal time-sharing is in the child's best interest — our explainer on Florida time-sharing and parenting plans covers how that works.

Second, under Fla. Stat. § 61.21, both parents must complete a Parent Education and Family Stabilization Course from an approved provider before the court will enter a final judgment. The course is inexpensive, available online, and typically takes about four hours.

8. Step six: mediation, settlement, or trial

Most Florida circuits require mediation before a contested final hearing. A neutral mediator helps the spouses try to resolve property division, support, and parenting issues without a trial. When mediation or direct negotiation succeeds, the agreement is written into a Marital Settlement Agreement, signed by both spouses, and submitted to the judge.

If every issue is resolved by agreement, the case ends at a brief uncontested final hearing (or, in some counties, on the papers). If issues remain, the case proceeds to trial, where the judge hears evidence and decides the open questions. Our comparison of mediation versus litigation in Florida family court lays out the trade-offs.

9. How long it takes and what it costs

There is no fixed waiting period for a Florida dissolution, but timing varies widely:

• Simplified dissolution can conclude in as little as a few weeks after filing, once the clerk schedules the joint final hearing.
• Uncontested regular dissolution typically takes one to three months, driven mostly by disclosure and the court's hearing calendar.
• Contested dissolution can run many months or longer, depending on the number of disputed issues, the discovery involved, and how busy the court is.

Costs include the filing fee (around $408), service of process, the parenting course if children are involved, and attorney's fees, which depend heavily on whether the case settles or goes to trial. You can see how flat-fee work is structured on our pricing page, or use the qualifier to get a sense of where your case fits.

Bottom line

Filing for dissolution of marriage in Florida follows a clear sequence: confirm six-month residency, choose the simplified or regular path, file the petition and pay the fee, serve your spouse, complete Rule 12.285 financial disclosure, handle a parenting plan and parent course if you have children, and resolve the case through settlement or trial. The single biggest factor in how long and how expensive it becomes is how much you and your spouse can agree on. Getting organized early — residency proof, financial documents, and a realistic view of the contested issues — is what keeps a Florida dissolution moving.

Attorney Advertising Disclaimer

This article is for general informational purposes only and reflects Florida law as of 2026. It is not legal advice. Family-law statutes, rules of procedure, and filing requirements change, and outcomes depend on the specific facts of each case. Reading this article does not create an attorney-client relationship with Louis Law Group or any of its attorneys. Do not act or refrain from acting based on this content without consulting a licensed Florida attorney about your situation. Past results do not guarantee future outcomes.