Florida Divorce Laws & Requirements (2026)

If you're researching a divorce in Florida, here are the core 2026 rules that shape the process, residency, grounds, property division, cost, and the waiting period, in plain English.

Residency requirement

You (or your spouse) generally need to have lived in the state for at least six months before you can file in Florida.

Grounds for divorce

Florida allows a no-fault divorce (the ground is "Irretrievably broken"), so you don't have to prove fault. Fault grounds may also exist, but no-fault is simplest for an agreed divorce. Fla. Stat. § 61.19 requires at least 20 days before finalizing.

How property and debts are divided

Florida is an equitable-distribution state: marital property is divided fairly rather than always 50/50, and couples who agree set their own terms.

Waiting period and where to file

Expect at least 20 days after filing. You file the Petition for Dissolution of Marriage (Form 12.901) with the Circuit Court in your county; the filing fee is about $408 (varies slightly by county).

The uncontested path

When you and your spouse agree, an Florida divorce becomes paperwork rather than a court battle, faster, far cheaper, and usually without a lawyer.

This guide is general information, not legal advice, and rules change, always confirm current requirements with your county court or a licensed attorney. When you start with us, your forms and checklist are tailored to your state and county automatically.

Frequently asked questions

How much does a divorce cost in Florida in 2026?

Preparing an uncontested divorce in Florida with SimplyDivorceOnline is a flat $149, plus your county court's filing fee (about $408 (varies slightly by county)). That's a fraction of hiring an attorney, which commonly runs $10,000+ for a contested case.

How long does a divorce take in Florida?

Most people finish the paperwork in a weekend. After you file, Florida generally requires at least 20 days after filing, usually the biggest factor in your overall timeline.

Do I need a lawyer to get divorced in Florida?

No. If you and your spouse agree on the terms, you can file an uncontested divorce in Florida yourself using the correct court forms. A lawyer is mainly worth it if your case is contested or involves complex assets, a business, or a custody dispute.

Can I get divorced in Florida if my spouse won't cooperate?

Yes. Florida, like every state, allows a no-fault divorce, so your spouse cannot block it. If they don't respond after being properly served, the court can grant a default divorce.

Where do I file for divorce in Florida?

You file with the Circuit Court in the county where you (or your spouse) live, using the Petition for Dissolution of Marriage (Form 12.901). Your county clerk processes the case; Florida's official court website has current forms and fees.