How to File for Divorce

by | Jan 13, 2025 | Divorce

One of the first questions people ask at the end of a marriage is, “How do I file for divorce?” And honestly, it’s a great question.

Filing for divorce might not be the most complicated process in the world, but it’s one where the details really matter. Knowing exactly what’s needed for your specific case can save you time, money, and unnecessary stress.

This post is meant to give you a helpful overview of how to file for divorce in Florida. But keep in mind—this is just a starting point. Every marriage is different, and so is every divorce. What works for one couple might not work for another, and that’s okay.

At Leap Frog Divorce, our goal is to walk you through the basics, so you’ll feel more confident about taking the next steps.

 

Florida’s Divorce Requirements

Before you can file for divorce in Florida, there are a couple of important requirements to know about. These might seem like small details, but they can make all the difference in getting your case moving smoothly.

First, residency matters. To file for divorce in Florida, at least one of you must have lived in the state for at least six months before filing. This isn’t negotiable, so if you’ve recently moved to Florida, you might need to wait a bit before starting the process. In addition, the court must have personal jurisdiction over the other spouse (this can become tricky if your spouse does not live in Florida) and if you have children, Florida must be the “home state” of the children as defined by the Florida Statutes.

Now, let’s talk about common law marriage—or more specifically, the lack of it in Florida. The state doesn’t recognize common law marriages that were entered into after January 1, 1968. So, if you’ve never had a formal marriage ceremony or license, you aren’t considered legally married in Florida. However, there’s one exception: if you entered into a valid common law marriage in another state that does recognize it, Florida will honor that marriage under the law.

If you’re in a common law marriage recognized by Florida, you’d need to go through the usual divorce process to legally end the relationship. But for couples who don’t meet those criteria, divorce isn’t necessary—you’re free to go your separate ways without involving the court.

Understanding these basics is an important first step, and it sets the stage for filing your divorce in the right way.

Closeup of hands filling out paperwork

How To File For Divorce In Florida

When it comes to filing for divorce in Florida, the process can look a little different depending on your situation. But no matter which path you’re on, the steps to file for divorce in Florida are similar, and getting the details right is key.

Let’s break it down step by step to make the process easier to understand.

1. Choose the Right Petition

The first step in filing for divorce is choosing the correct petition. This document officially starts your divorce case, and the person who files it is called the Petitioner. The petition outlines the issues in your case and tells the Court what decisions you’re asking them to make.

In Florida, there are a few different types of petitions to choose from:

  • Simplified Dissolution of Marriage
  • Dissolution of Marriage with Dependent or Minor Children
  • Dissolution of Marriage with Property but No Dependent or Minor Children
  • Dissolution of Marriage with No Dependent or Minor Children or Property

Some county Clerks offer packets for purchase that include these forms, or you can access them online.

When completing your petition, here’s a free piece of advice: keep it simple. Avoid airing your family’s dirty laundry or including overly detailed personal stories. Court filings are public record, meaning anyone can access them. A clean, straightforward approach protects your privacy and keeps the focus on the legal issues.

Husband and wife signing divorce documents at lawyer office.

2. Complete All Necessary Forms

When filling out divorce paperwork, complete them with as much detail as possible. Don’t leave anything blank unless you’re absolutely certain it doesn’t apply to you. The more thorough you are, the smoother things will go down the road.

If you’re unsure about how to complete a section, don’t guess—ask for help. Many attorneys offer consultations to help you understand the forms, your rights, and what’s required for your case. It’s better to do the hard and sometimes uncomfortable work of completing the forms correctly, than to risk delays or issues later on.

Keep in mind that some forms require a notary. Plan ahead to ensure you have everything properly signed and notarized before filing. Taking the time to get this step right can save you a lot of stress in the long run.

3. File Completed Forms With the Clerk of Courts

Once you’ve completed all your forms, the next step is to take them to the Clerk of Courts in your county. Each county has its own Clerk’s office, typically located in the courthouse, where you’ll officially file your divorce paperwork.

Be prepared to pay a filing fee when you submit your forms. This fee can vary depending on the county, but it’s not insignificant. For example, as of this writing (January 2025), the filing fee in Orange County, Florida is $408.00. It’s a good idea to check with your local Clerk’s office for the most up-to-date fee schedule.

Filing your forms with the Clerk is a key milestone in the divorce process—it officially sets your case in motion.

4. Serve Your Spouse Divorce Papers

After filing your forms with the Clerk of Courts, the next step is to serve your spouse with the divorce papers. This is a legal requirement to ensure they’re notified about the divorce and have the opportunity to respond.

In Florida, there are a few ways to serve your spouse:

  • Sheriff or Process Server: The most common method is to have the papers delivered by a sheriff or a certified process server. They’ll ensure your spouse receives the documents and will provide proof of service to the court.
  • Waiver of Service: If your spouse is cooperative, they can sign a Waiver of Service form. This saves time and simplifies the process by eliminating the need for a formal service.
  • Alternative Methods: If your spouse cannot be located, you may need to request court approval to serve them by alternative methods, such as publishing a notice in the local newspaper. This is a last resort and has its own requirements.

Serving your spouse properly is critical to keeping your case on track. If service isn’t done correctly, your divorce may be delayed or even dismissed. Once the papers have been served, your spouse will have a set amount of time to respond—20 days if they live in Florida.

If you’re unsure about the best way to serve your spouse, or if you anticipate difficulties, this is a great time to reach out to an experienced divorce attorney for guidance.

mom holding young boy

5. Take the Required Parenting Class

If you and your spouse have children, Florida law requires both of you to attend a court-approved Parenting Class as part of the divorce process. This class is designed to help parents understand how divorce impacts children and to provide tools for co-parenting effectively during and after the divorce.

Once you complete the class, you’ll receive a certificate of completion, which must be filed with the Clerk of Courts. This step is not optional—it’s a legal requirement, and failing to complete it could delay your divorce.

The good news is that many parenting classes are available both in-person and online, making it easier to fit this step into your schedule. If you’re unsure where to start, the Clerk’s office or your attorney can point you toward approved programs. Remember to complete this step as early as possible to avoid unnecessary delays.

6. Fill Out a Financial Affidavit

The financial affidavit is one of the most important documents in any Florida divorce. Every spouse is required to complete one, and it plays a central role in determining things like alimony, child support, and property division.

This form is essentially a full disclosure of your financial situation—your income, expenses, assets, and debts. It’s critical to be honest and thorough when filling it out. Florida has rules in place to prevent fraud, and filing an inaccurate affidavit could cause significant problems down the road. For example, did you know that if you lie on your financial affidavit and get divorced, your ex-spouse could later ask the Court to throw out the final judgment?

Judges also use the financial affidavit to evaluate your credibility. If there are clear discrepancies or omissions in your affidavit, it could damage how the Court views your testimony in other areas of the case. Being truthful and precise isn’t just a legal obligation—it’s also in your best interest.

If you’re unsure about how to complete the financial affidavit or feel overwhelmed by the details, it’s worth seeking help. A divorce attorney can guide you through the process and ensure that everything is accurate and complete, giving you peace of mind as you move forward.

7. File Temporary Orders (Optional)

Sometimes, waiting for a final judgment in your divorce can feel like a long time—especially when it comes to critical matters like child support, alimony, or who gets to stay in the house. That’s where temporary orders come in.

Temporary orders are designed to provide stability and address immediate needs while your divorce is ongoing. These orders can cover things like child custody and visitation schedules, financial support for children or a spouse, and who gets temporary use of shared property, such as the family home.

The good news is that temporary orders are typically decided much faster than final judgments, giving you and your family some much-needed clarity during this transitional period. To request temporary orders, you’ll need to file a motion with the court, explaining what you’re asking for and why it’s necessary.

If you think temporary orders might help your situation, this is a great time to consult with an attorney. They can guide you through the process, help you present your case effectively, and ensure that your immediate needs are addressed while you work toward finalizing your divorce.

gavel behind two wooden figures

What Happens After Filing?

Once you’ve filed for divorce, the timeline can vary widely depending on your circumstances. If you and your spouse don’t have children and already agree on how to divide your property and debts, your divorce may move relatively quickly. In these cases, the process can sometimes be wrapped up in just a few months.

On the other hand, if there are disputes over things like custody, property division, or alimony, it can take longer—sometimes even years—to reach a resolution. The length of your case will depend on how complicated the issues are and how willing both parties are to negotiate.

It’s also worth noting that you may be able to modify your petition if your situation changes during the process. For example, if you originally filed for an uncontested divorce but later discover disputes that need to be resolved, the court may give you “leave” to reflect those changes in the petition.

Once all the details are worked out—either through negotiation, mediation, or a court trial—your divorce will conclude with a final hearing. At this hearing, a judge will review your case, ensure everything is in order, and issue a Final Judgment of Dissolution of Marriage. This document officially ends your marriage and finalizes the terms of your divorce.

Every divorce is unique, so it’s important to be patient and stay informed about what to expect in your specific situation.

Do I Need an Attorney To File For Divorce?

Technically, you don’t need an attorney to file for divorce in Florida. You have the right to represent yourself throughout your divorce, and many people choose this route, especially in simpler cases.

However, it’s important to understand that if you go it alone, the Judge will expect you to follow the same rules and procedures as a seasoned attorney. Divorce cases can be surprisingly complex, and without a legal expert on your side, you might find yourself overwhelmed or at a disadvantage.

Having an experienced divorce attorney can make a significant difference, especially if your case involves children, property disputes, or alimony. An attorney can help ensure that your paperwork is completed correctly, advocate for your rights, and guide you through every step of the process. They can also offer valuable advice tailored to your unique situation, helping you avoid costly mistakes and unnecessary stress.

At the end of the day, having a legal professional on your side isn’t just about getting through the process—it’s about protecting your future. If you’re unsure whether you need an attorney, consider scheduling a consultation to discuss your case and explore your options. Sometimes, having that expert guidance is worth the peace of mind it brings.

 

Take the First Step Toward Clarity and Resolution

Filing for divorce is a big decision, and navigating the process can feel overwhelming. But you don’t have to face it alone.

At Leap Frog Divorce, we’re here to support you every step of the way—whether you need a skilled attorney to represent you, a neutral mediator to help you reach an agreement, or even a divorce consultant to guide you if you choose to represent yourself.

Every divorce is unique (just like every marriage), and our goal is to provide the clarity and expertise you need to move forward with confidence. We’re here to help you protect your rights, prioritize your future, and find resolution in the most compassionate and effective way possible.

Contact us today to schedule a consultation and learn how we can help you take the next step, no matter where you are in the process. Let’s work together to turn this challenging time into a fresh start.

Arthur J. Grossman J.D., LL.M., Esq

Arthur J. Grossman J.D., LL.M., Esq

AJ Grossman graduated at the top of his Florida law school class, has been trained in Collaborative Divorce, has a Master of Laws degree in Dispute Resolution, and is a Barrister member of the invite-only Central Florida Family Law Inn of Court. His aggressive advocacy on behalf of his clients provides hope and reassurance throughout challenging divorces.

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