Why Divorce.com?
Why Choose Divorce.com?
Divorce.com offers fast and inexpensive court papers for uncontested divorces in Florida, helping couples avoid expensive attorney fees while maintaining control over settlement terms. Florida is a no-fault state allowing divorces based on irretrievable breakdown or mental incapacity.
Florida Divorce Forms
Florida requires 13 essential forms including Petition for Dissolution of Marriage, Family Law Financial Affidavit, Child Support Guidelines Worksheet, and Parenting Plan. All forms must be properly completed and filed with the court.
Filing for Divorce in Florida
The process requires six-month residency verification, filing with appropriate circuit court, service of process, 20-day minimum waiting period, and final judgment issuance. Uncontested divorces typically finalize in 4-6 weeks.
Florida
Divorce Forms
All the forms required
The papers to file for divorce depend on the circumstances, such as minor children and the amount of property. The basic forms include the following:
Petition for Dissolution of Marriage - Forms 12.901(a), or 12.901(b)(1), or 12.901(b)(2), or 12.901(b)(3)
Family Law Financial Affidavit - Form 12.902(c)
Uniform Child Custody Jurisdiction and Enforcement Affidavit - Form 12.902(d)
Child Support Guidelines Worksheet - Form 12.902(e)
Parenting Plan - Form 12.995(a)
Marital Settlement Agreement for Dissolution - Forms 12.902(f)(1), or 12.902(f)(2)
Affidavit of Corroborating Witness - Form 12.902(i)
Notice of Social Security Number - Form 12.902(j)
Answer, Waiver, and Request for Copy of Final Judgment of Dissolution of Marriage - Form 12.903(a)
Summons: Personal Service on an Individual - 12.910(a)
Affidavit of Military Service - Form 12.912(b)
Notice of Hearing (General) - Form 12.923
Cover Sheet for Family Court Cases - Form 12.928
Final Judgment of Dissolution of Marriage - Forms 12.990(b)(1), or 12.990(b)(2), or 12.990(b)(3)
Some forms may not apply to every case. For example, couples with no underage kids don't need to file a parenting plan and child support worksheet.
Steps to consider
Filing Requirements
Residency Requirements
Florida Statutes require that one of the spouses must have lived in the state for six months before submitting a Petition for Dissolution of Marriage.
They can file in the county where the respondent lives or where they last lived together as husband and wife.
Grounds for Divorce
Florida provides only two no-fault grounds for divorce:
irretrievable breakdown of a marriage
mental incapacity for the previous three years before taking a divorce action
If one of the parties denies irretrievable background in their answer, the court will do one of the following:
order the couple to seek consultation from a psychologist, a marriage counselor, a priest, or other qualified third parties;
give the parties time to change their minds but not longer than three months.
Initial Filing
Florida circuit courts are usually responsible for handling divorces. There are 20 judicial circuits in total.
To start a divorce, a person must prepare and file a Petition for Dissolution of Marriage and other forms with the local court of the appropriate county.
They can bring the original papers in person and give them to the court clerk with two additional copies. Another option is to use the E-Filing Portal and upload the packet of electronic forms from their computer.
Filing Fees
Spouses filing for divorce in Florida must pay a filing fee of $400 when they submit their papers at the local court. Other costs may also be charged for copying.
A petitioner can ask to waive the fees if they:
have a low income and significant expenses/debts
are getting financial help from the government
A judge will review this request if a litigant files the following:
Application For Determination Of Civil Indigent Status
Financial affidavit with information on income, assets, etc.
Serving the Respondent
When a person files a petition for marriage dissolution, they need to notify the other party about it by sending copies of original papers, using a personal service.
A petitioner cannot give the papers to a respondent in person. Florida court rules require that a deputy sheriff or a private process server deliver the copies.
After the other party has received a notification, a petitioner must file Form 12.903(a) as the acknowledgment of service.
Waiting Period
Florida has a waiting period of 20 days before a judge can start reviewing the case. This means that the spouses can't get a divorce decree before this period ends.
This delay allows both parties to check their agreements regarding property division, children, etc., and change their decision if needed.
On the 21st day after the petition and accompanying documents have been filed, the couple can ask to set a date and time for the final hearing.
Finalizing a Divorce Case
The couple must attend the court hearing on the set date and take the packet of divorce papers, including court orders and final judgment form, with them. They should also ask the court clerk about the local procedure since each courthouse can have slightly different rules.
If the spouses agreed on all terms beforehand, the judge would review their settlement agreement and the parenting plan and issue a final judgment.
The petitioner will receive a copy of the decree by mail.
Filing basics
Filing for Divorce
Florida
How to get started
The papers to file for divorce depend on the circumstances, such as minor children and the amount of property. The basic forms include the following:
Petition for Dissolution of Marriage - Forms 12.901(a), or 12.901(b)(1), or 12.901(b)(2), or 12.901(b)(3)
Family Law Financial Affidavit - Form 12.902(c)
Uniform Child Custody Jurisdiction and Enforcement Affidavit - Form 12.902(d)
Child Support Guidelines Worksheet - Form 12.902(e)
Parenting Plan - Form 12.995(a)
Marital Settlement Agreement for Dissolution - Forms 12.902(f)(1), or 12.902(f)(2)
Affidavit of Corroborating Witness - Form 12.902(i)
Notice of Social Security Number - Form 12.902(j)
Answer, Waiver, and Request for Copy of Final Judgment of Dissolution of Marriage - Form 12.903(a)
Summons: Personal Service on an Individual - 12.910(a)
Affidavit of Military Service - Form 12.912(b)
Notice of Hearing (General) - Form 12.923
Cover Sheet for Family Court Cases - Form 12.928
Final Judgment of Dissolution of Marriage - Forms 12.990(b)(1), or 12.990(b)(2), or 12.990(b)(3)
Some forms may not apply to every case. For example, couples with no underage kids don't need to file a parenting plan and child support worksheet.
Custody Basics
If the spouses have minor children, their request for divorce will be granted only after deciding on child custody. There are several options for guardianship in Florida:
Joint physical custody, when a child lives in turns with each parent;
Joint legal custody, when each parent has a say about the child’s upbringing;
Sole physical custody, when a child lives with one parent and sees the other according to a visitation schedule;
Sole legal custody, when only one parent can make decisions concerning the child.
In Florida, parents have equal rights to become primary custodians, not only women. These days, the policy is gender-neutral. Yet, the judges usually ensure that the custody arrangements comply with the child’s best interests.
The court will also look into the following circumstances:
the capacity and intent of each parent to facilitate frequent contact between children and the other parent;
the age, health, and moral fitness of each parent;
reasonable desires of the child about the custody;
the ability to provide for the child’s needs, schooling, meals, bedtime, etc.;
history of domestic violence, and other factors.
Uncontested Divorce
Uncontested or amicable divorce means that both parties agree to the terms of their marriage dissolution, including child custody, child support, property division, and alimony.
Florida state laws provide three options for spouses planning to end their marriage: a simplified dissolution of marriage, uncontested divorce, and contested divorce. The first two types require that the couples agree on all terms and sign a settlement agreement.
When concluding a mutual agreement, the spouses should honor the following requirements:
distribute property (assets, real estate, and debts) fairly between the parties;
ensure child custody arrangements comply with the child’s best interests;
calculate child support payments using the state guidelines.
An uncontested divorce is a stress-free and relatively cheap way to end a marriage, and only takes well-drafted court-required papers to start the divorce case. To simplify this part of the preparation, Divorce.com allows you to generate legal paperwork without extra expenses and hassle.
Support Basics
Each parent must support their minor children with money after divorce. This obligation is known as child support. Usually, the non-residential parent is responsible for making weekly or monthly payments until the child reaches the age of majority or becomes emancipated.
In Florida, this payment amount is calculated using the Income Shares Model. It is based on the combined income of each party and the number of children.
A child support order includes additional medical expenses and insurance costs. In addition, one of the parents will likely be ordered to cover health or life insurance for the child.
The judge will consider the following factors:
independent income of the child;
the child’s age and special needs;
seasonal variation in the parents’ income and expenses;
total assets of the paying party, etc.
