Florida divorce filing—officially called dissolution of marriage—requires meeting specific residency requirements, choosing the correct venue, and submitting mandatory court forms. This comprehensive checklist covers everything you need for a Florida divorce: the 6-month residency rule, Form 12.901 petition requirements, and the $408 filing fee. Whether you're just starting to understand the divorce process or ready to file, this guide provides a clear roadmap for 2025.
Florida Divorce Residency Requirements
Before you can file for Florida divorce (dissolution of marriage), you must meet the state's residency requirements. Under Florida Statutes § 61.021, at least one spouse must have lived in Florida for at least 6 months immediately before filing. You'll need proof such as a Florida driver's license, Florida ID card, voter registration card, or a corroborating witness affidavit.
Only one spouse needs to meet the 6-month requirement—not both. Florida is a no-fault divorce state, meaning you don't need to prove wrongdoing. You simply allege the marriage is "irretrievably broken" to proceed with the dissolution of marriage.
Choosing the Right Venue for Filing
Venue refers to which county you file in. Proper venue in Florida is either: (a) the county where the respondent (non-filing spouse) resides, or (b) the county where the parties last lived together with a shared intent to remain married. These rules come from Florida's general venue statute and Florida Supreme Court precedent.
All Florida divorces are filed in the Circuit Court, Family Division, for the county with proper venue. Many counties allow you to e-file through the statewide Florida Courts E-Filing Portal, or you can file paper originals with the clerk.
Required Forms for Florida Divorce Filing
Florida uses Supreme Court-approved Family Law Forms. The core petition you'll need depends on your situation:
- Form 12.901(a) - Petition for Simplified Dissolution of Marriage (for couples without minor children, no pregnancy, who agree on everything)
- Form 12.901(b)(1) - Petition with Dependent or Minor Children
- Form 12.901(b)(2) - Petition with Property, No Minor Children
- Form 12.901(b)(3) - Petition with No Property and No Minor Children
You'll also need supporting forms like the Financial Affidavit (Form 12.902(b) or 12.902(c)), UCCJEA Affidavit (12.902(d) if you have children), and the Family Court Cover Sheet (Form 12.928). All forms are available free from the Florida Courts website.
Calculate Your Estimated Divorce Costs
Before filing, it's helpful to understand the full financial picture of your Florida divorce. Use our free calculator to get a personalized estimate based on your specific situation.
Divorce Cost Calculator
Get a personalized estimate of your potential divorce costs based on your situation and location
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Disclaimer: These estimates are based on national averages and research data. Actual costs may vary significantly. This calculator is for planning purposes only and does not constitute legal or financial advice. Consult with qualified professionals for personalized guidance.
Florida Divorce Filing Fees and Costs
The base filing fee for Florida divorce (dissolution of marriage) is approximately $408-$409 across most counties. This includes statutory surcharges: $5 Child Welfare Training Trust Fund, $55 Domestic Violence Trust Fund, and $37.50 to General Revenue. Counties also charge a per-summons issuance fee (often $10) and service of process costs separately. For strategies on managing divorce expenses, see our guide to saving money on divorce.
County examples include Miami-Dade ($409), Orange County ($408), Pasco County ($408), and Citrus County ($408). If you cannot afford the filing fee, you can apply for indigent status by filing the Application for Determination of Civil Indigent Status with the clerk.
The 20-Day Waiting Period
Florida law requires a mandatory 20-day waiting period before a judge can enter a final judgment of dissolution of marriage. Under Florida Statutes § 61.19, the court cannot finalize your divorce until at least 20 days after filing, unless the court finds an earlier judgment is necessary to avoid injustice.
This waiting period is significantly shorter than many states. Uncontested cases using the simplified dissolution procedure often conclude within a month if all paperwork is filed correctly, though cases with children or property typically take longer. For a complete breakdown of what to expect at each stage, see our Florida divorce timeline guide.
Mandatory Disclosure Requirements
Florida Family Law Rule 12.285 requires "Standard Mandatory Disclosure" in most dissolution cases. Each party must serve specified financial documents within 45 days after service of the initial pleading and file the Certificate of Compliance with Mandatory Disclosure (Form 12.932). This ensures both parties have complete financial information before settlement or trial.
Frequently Asked Questions
Can I file for divorce in Florida if my spouse lives in another state? Yes, as long as you meet Florida's 6-month residency requirement. Your spouse's location doesn't matter for filing, though proper venue rules still apply based on where they last resided in Florida or where you lived together.
What's the difference between simplified and regular dissolution? Simplified dissolution is faster and easier but requires: no minor children, agreement on all issues, no alimony request, and both spouses attending a final hearing. Regular dissolution is required if you have children or can't agree.
Do I need to prove fault to get divorced in Florida? No. Florida is a no-fault state. You simply state the marriage is "irretrievably broken" without proving wrongdoing by either spouse.
