Navigating a divorce doesn’t have to be overwhelming. If you and your spouse agree on the terms, Florida law provides a streamlined path known as an uncontested divorce or Simplified Dissolution of Marriage. Here’s how to go through the process step by step.
Step 1: Confirm Eligibility
To file an uncontested divorce in Florida, you must meet a few basic requirements:
- At least one spouse has lived in Florida for six months
- Both parties agree the marriage is “irretrievably broken”
- There are no unresolved disputes about property, custody, or support
- Both parties are willing to sign legal documents and attend a final hearing
For a Simplified Divorce, you must also meet these additional conditions:
- No children under 18
- No current pregnancy
- No request for alimony
- Both spouses agree the marriage cannot be saved
If you don’t meet the requirements for a simplified divorce, you can still pursue a standard uncontested divorce.
Step 2: Complete the Required Forms
The required forms vary depending on your situation but typically include:
- Petition for Dissolution of Marriage (with or without children)
- Marital Settlement Agreement
- Financial Affidavits (one from each spouse)
- Notice of Social Security Number
- Parenting Plan and Child Support Guidelines (if children are involved)
These forms can be found on the Florida Courts website.
Step 3: File the Forms and Pay the Filing Fee
File your paperwork at the Clerk of Court in the county where either spouse lives. The filing fee is generally around $400, though fee waivers may be available based on income.
Step 4: Schedule the Final Hearing
Once your documents are reviewed and accepted, you’ll be scheduled for a short final hearing before a judge. Both spouses must attend. The judge will review the agreement, ask a few basic questions, and – if everything is in order – sign the final judgment.
Step 5: Receive the Final Judgment
After the hearing, you’ll receive a Final Judgment of Dissolution of Marriage, which officially ends the marriage.