Begin your Florida Divorce Online

Begin Divorce

Florida Divorce Online is a service created in Florida that allows you to complete your official Florida Petition for Dissolution of Marriage, commonly known as divorce, online.

How Do I?

Divorce Process in Florida

The official term for divorce in Florida is “dissolution of marriage,” but the term divorce is most frequently used. The divorce process in Florida can vary depending upon many factors. Ultimately, though, there are two main broad categories: 1) uncontested divorces; and 2) contested divorces. An uncontested divorce is when the divorcing spouses work together to achieve an agreement on all of the issues that need to be resolved. Contested divorces are when the divorcing spouses choose not to work together to reach agreement, and instead they litigate and turn over the decision-making to the judge.

Florida Divorce Online works with couples who are in complete agreement, and who want professional, attorney-prepared divorce paperwork drafted specifically for them based on their agreements and their court’s requirements.

There are two categories of uncontested divorce cases in Florida: standard and simplified. In either type of uncontested divorce case, either spouse may initiate and file the divorce. That spouse is called the Petitioner. The Petitioner spouse must allege that the marriage is “irretrievably broken.” At least one of the spouses must show that s/he has been a Florida resident for at least six months before filing the petition to dissolve the marriage.

Regular Uncontested Divorce in Florida

The regular divorce process begins with the Petitioner spouse filing the action with the court. Generally, most couples who have decided that their divorce is going to be an uncontested one have reached agreement on all issues at the time the Petition is filed with the court. However, some couples elect to file the petition and start the process while they work to resolve issues and finalize their agreement. Some couples are able to reach agreement on all issues on their own, while others (still committed to working together to retain control of the decision making process) may elect to use the services of a divorce mediator to assist them in working out a complete and final agreement.

To qualify for an uncontested divorce in Florida the following must be true:

  1. You and your spouse agree that the marriage is irretrievably broken – which means it cannot be saved.
  2. You and your spouse agree on how the two of you will divide all of your assets (the things that you own), and you agree on how the two of you will divide all of your debts (who will pay what portion of the money you both owe), and you both agree and accept this division as a fair and equitable one.
  3. You and your spouse have each filed financial affidavits with the court, or you have agreed to waive the filing of financial affidavits, and you are satisfied with the financial disclosures made by your spouse.
  4. You and your spouse are both willing to sign the petition and the final divorce decree and related documents.
  5. You or your spouse is willing to go to the final hearing.
  6. If you and your spouse have minor or dependent children together or if the wife is pregnant with the husband’s child, then the spouses must be in agreement regarding a time sharing plan for the child(ren); and you must agree on the amount of child support that will be paid. The agreed upon amount of child support must be within 5% of the child support amount advised in the Child Support Guidelines as set forth in Chapter 61.30 of the Florida Statutes.

If you and your spouse have children then you must use the regular uncontested divorce process. However, if you and your spouse do not have children you may qualify for an even simpler uncontested process known as a simplified divorce.

Simplified Divorce in Florida

Florida provides a “simplified divorce” process for couples who fit certain specific criteria. Like all divorces in Florida, in order to file and finalize your divorce in Florida, at least one spouse must have lived in Florida for at least 6 months before filing for divorce in Florida. Proof of residency will be required by the court when you begin the divorce case.

If the residency requirement is met, then a simplified dissolution of marriage in Florida may be an option for you and your spouse if all of the following are true:

  1. You and your spouse agree that the marriage cannot be saved.
  2. You and your spouse have no minor or dependent children together; the wife does not have any minor or dependent children born during the marriage; and the wife is not now pregnant.
  3. You and your spouse agree on how the two of you will divide all of your assets (the things that you own), and you agree on how the two of you will divide all of your debts (who will pay what portion of the money you both owe), and you both agree and accept this division as a fair one.
  4. Neither you nor your spouse is seeking support (alimony) from the other.
  5. You and your spouse have each filed financial affidavits with the court, or you have agreed to waive the filing of financial affidavits, and you are satisfied with the financial disclosures made by your spouse.
  6. Both you and your spouse are willing to give up your right to trial and appeal.
  7. You and your spouse are both willing to go into the clerk’s office to sign the petition. You are not required to go and sign at the same time, but you are both required to personally go to the clerk’s office to sign the Petition.
  8. You and your spouse are both willing to go to the final hearing at the same time.

If you meet all of the above, then you qualify for a Simplified Divorce. If you do not meet all of the criteria above, then you must file a regular petition for dissolution of marriage.

Common Questions about Divorce in Florida:

  1. How quickly will my divorce be finalized?

    A hearing to finalize your divorce will be scheduled by the clerk at the earliest possible date dependent upon the court's schedule. In Florida, there is a mandatory twenty-day waiting period before a hearing to finalize your case can be held. A twenty-day waiting period means that the earliest the hearing can be scheduled is twenty-one days after filing. If you have filed a Simplified Divorce, then both you and your spouse must appear before the court on the scheduled final hearing date. If you have filed a regular Petition for Dissolution of Marriage (Divorce), then only one of you is required to appear at the final hearing.

  2. In what county may we file our Petition for Dissolution of Marriage in Florida?

    If either you or your spouse has met the Florida residence requirement, then you may file your Petition for Dissolution of Marriage (or Simplified Divorce) in any county within the state.

  3. How do I prove residency?

    Residence can be proven by:

    • a valid Florida driver's license, Florida identification card, or voter registration card issued to one of you at least 6 months prior to filing for dissolution of marriage;
    • or

    • the testimony of another person who knows either you or your spouse has resided in Florida for more than 6 months and is available to testify in court;
    • or

    • notarized or signed in the presence of a notary clerk. Picture Identification (valid driver's license or official identification card ) must be used for the clerk to witness a signature.
  4. How do we prove who we are?

    You and your spouse must each visit a Notary Public or come to the Clerk's Office to sign the paperwork. You will need to bring a form of identification that includes your picture (such as a driver's license).