How to Get a Divorce in Florida

Dena Standley | November 21, 2022

Edited by Hannah Locklear

Every couple hopes their marriage will last a lifetime after getting married. No one enters into a marriage thinking it might end in a divorce down the road. But marriage is not always successful.

Some couples overcome their obstacles, but others are not as lucky. When considering getting a divorce in Florida, there are many questions to consider and internal conflicts to resolve. Whether or not to end the marriage was likely a difficult decision to reach, but now that you have, you need to understand the process for a divorce in Florida.

SoloSuit clarifies the process for you below.

What is the divorce process in Florida?

Florida allows divorces when you or your spouse have lived in the state for at least six months (FL §61.021). Let’s dive into the steps involved in legally ending a marriage there. These steps include:

• Prepare and file divorce court papers.
• Serve your spouse with the divorce papers.
• Use FL divorce forms and legal documents.
• Understand the divorce process and how it takes in Florida.
• File a financial disclosure.
• Appear in court.
• Finalize the divorce.
• Appeal the divorce judgment if you disagree.

Below, we will break down each step in detail. Let's get started.

Prepare and file divorce court papers

You must file a formal petition to get a divorce and notify your spouse by serving them with the petition. File the petition in the Florida circuit court closest to your home, and here is a handy guide for filling out court forms on your own.

The cost of filing your divorce petition can range from $300 to $500. But a Civil Indigent Status application is available if you cannot afford to pay the fee.

How do I serve divorce papers to my spouse in Florida?

The petition for a Simplified Dissolution of Marriage must be filed jointly with your spouse. Other divorce petitions require personal or constructive service on your spouse. When you choose personal service, you deliver the divorce petition to your spouse in person. Serve your spouse personally for a quick resolution.

Service by publication, or constructive service, is applicable only when you cannot locate and serve your spouse personally (Florida Affidavit of Diligent Search and Inquiry).

Use this list of forms and documents to submit when filing for divorce in Florida

If you and your spouse are on the same page about how you want your divorce to proceed, then the Simplified Dissolution of Marriage is your best option. But depending on the type of divorce you want, here are some documents to submit.

• File a completed Family Court Cover Sheet.
• In the case of child support, you must file a Family Law Financial Affidavit at the same time as the divorce petition. When you do not want child support, you can file your divorce petition within 45 days after your spouse receives it.
• You must file a Certificate of Compliance with Mandatory Disclosure during the proceedings to ensure you update your ex with all information.

How long is the divorce process in FL?

Divorce petitions, other than the Simplified Dissolution of Marriage, require your spouse to respond within 20 days. The court clerk, family law intake staff, or the judge's judicial assistant will assist you in scheduling the final divorce hearing if your spouse does not respond within 20 days.

Using the official Notice of Hearing form, notify your spouse once you schedule the hearing. Submit this form regardless of whether your spouse has responded to your divorce petition.

You can answer a petition for dissolution of marriage if you do not wish to argue any of the information contained in it. Otherwise, you can file a counterpetition which will most likely lead to a court hearing.

In response to a divorce petition you are served with and failed to respond within the required 20 days, you may file a Motion to Set Aside Default or Default Judgment. To file this motion, you must show that you could not respond within 20 days due to a mistake, inadvertence, excused neglect, or fraud.

Are financial disclosures required in FL?

Yes. Soon after filing the divorce petition, both spouses must file a financial affidavit detailing their financial situation (Florida Bar: Automatic Financial Disclosure). Discuss significant financial issues with your spouse that matter.

If you have reached a predetermined agreement, it is called an "uncontested" divorce, and you can schedule the final hearing by contacting the court staff. If one spouse schedules the hearing, the other must receive a Notice of Hearing form.

Court appearances

Should you proceed to trial, you both must attend multiple divorce hearings. Both spouses have the right to cross-examine each other at these hearings (your lawyers will likely ask the questions).

An uncontested divorce, i.e., you reach an agreement via mediation, collaborative divorce, or another method, will still require both of you to attend one court hearing.

Finalizing the divorce

A divorce cannot be formalized legally until at least 20 days after the day you first filed your divorce petition, regardless of whether you proceed to trial or reach an agreement. In most cases, divorce proceedings can take months or even years, so this timeline is unlikely to apply.

The quickest divorce option, the Simplified Dissolution of Marriage, will take at least three weeks unless you can demonstrate some injustice will result (FL §61.19).

Appeal a divorce judgment

You can appeal a judge's decision if you disagree with it, but keep in mind that your appeal is unlikely to overturn the judge's ruling unless you can prove a legal error on the judge's part (Florida Bar: Appeals). The deadline for appeals is 30 days after the date of the judge's decision.

What is SoloSuit?

SoloSuit makes it easy to fight debt collectors.

You can use SoloSuit to respond to a debt lawsuit, to send letters to collectors, and even to settle a debt.

SoloSuit's Answer service is a step-by-step web-app that asks you all the necessary questions to complete your Answer. Upon completion, we'll have an attorney review your document and we'll file it for you.

>>Read the FastCompany article: Debt Lawsuits Are Complicated: This Website Makes Them Simpler To Navigate

>>Read the NPR story on SoloSuit. (We can help you in all 50 states.)

How to answer a summons for debt collection in your state

Here's a list of guides for other states.

All 50 states.

• Alabama
• Alaska
• Arizona
• Arkansas
• California
• Colorado
• Connecticut
• Delaware
• Florida
• Georgia
• Hawaii
• Idaho
• Illinois
• Indiana
• Iowa
• Kansas
• Kentucky
• Louisiana
• Maine
• Maryland
• Massachusetts
• Michigan
• Minnesota
• Mississippi
• Missouri
• Montana
• Nebraska
• Nevada
• New Hampshire
• New Jersey
• New Mexico
• New York
• North Carolina
• North Dakota
• Ohio
• Oklahoma
• Oregon
• Pennsylvania
• Rhode Island
• South Carolina
• South Dakota
• Tennessee
• Texas
• Utah
• Vermont
• Virginia
• Washington
• West Virginia
• Wisconsin
• Wyoming

Guides on how to beat every debt collector

Being sued by a different debt collector? Were making guides on how to beat each one.

• Absolute Resolutions Investments LLC
• Accredited Collection Services
• Alliance One
• Amcol Clmbia
• American Recovery Service
• Asset Acceptance LLC
• Asset Recovery Solutions
• Associated Credit Services
• Autovest LLC
• Cach LLC
• Cavalry SPV I LLC
• Cerastes LLC
• Colinfobur
• Covington Credit
• Crown Asset Management
• CTC Debt Collector
• Cypress Financial Recoveries
• Delanor Kemper & Associates
• Eagle Loan of Ohio
• Educap
• Estate Information Services
• FIA Card Services
• Forster & Garbus
• Freshview Solutions
• Fulton Friedman & Gullace LLP
• Harvest Credit Management
• Howard Lee Schiff
• Hudson & Keyse LLC
• Integras Capital Recovery LLC
• Javitch Block
• Jefferson Capital Systems LLC
• LVNV Funding
• Mannbracken
• Mariner Finance
• Medicredit
• Michael J Adams PC
• Michael J Scott
• Midland Funding LLC
• Mullooly, Jeffrey, Rooney & Flynn
• Mountain Land Collections
• MRS Associates
• National Collegiate Trust
• Nationstar Foreclosure
• Northstar Capital Acquisition
• NCEP LLC
• NRC Collection Agency
• OneMain Financial
• Palisades Collection LLC
• Pallida LLC
• Paragon Revenue Group
• Pinnacle Collections Agency
• PMAB LLC
• Portfolio Recovery Associates
• Provest Law
• PYOD LLC
• Reunion Student Loan Finance Corporation
• Revenue Group
• Regents and Associates
• RSIEH
• Salander Enterprises LLC
• Second Round Sub LLC
• Security Credit Services
• Sherman Financial Group
• Suttell and Hammer
• T-Mobile
• Transworld Systems
• Tulsa Teachers Credit Union
• UCB Collection
• Velo Law Office
• Velocity Investments
• Waypoint Resource Group
• Weinberg and Associates
• Wolpoff & Abramson

Win against credit card companies

Is your credit card company suing you? Learn how you can beat each one.

• Bank of America
• Capital One
• Chase
• Credit One Bank
• PayPal Synchrony Card
• SYNCB/PPEXTR
• Synchrony Bank
• Target National Bank
• Wells Fargo

Going to Court for Credit Card Debt — Key Tips

How to Negotiate Credit Card Debts

How to Settle a Credit Card Debt Lawsuit — Ultimate Guide

Get answers to these FAQs

Need more info on statutes of limitations? Read our 50-state guide.

Why do debt collectors block their phone numbers?

How long do debt collectors take to respond to debt validation letters?

What are the biggest debt collector companies in the US?

Is Zombie Debt Still a Problem in 2019?

SoloSuit FAQ

If a car is repossessed, do I still owe the debt?

Is Portfolio Recovery Associates Legit?

Is There a Judgment Against Me Without my Knowledge?

Should I File Bankruptcy Before or After a Judgment?

What is a default judgment?— What do I do?

Summoned to Court for Medical Bills — What Do I Do?

What Happens If Someone Sues You and You Have No Money?

What Happens If You Never Answer Debt Collectors?

What Happens When a Debt Is Sold to a Collection Agency

What is a Stipulated Judgment?

What is the Deadline for a Defendants Answer to Avoid a Default Judgment?

Can a Judgement Creditor Take my Car?

Can I Settle a Debt After Being Served?

Can I Stop Wage Garnishment?

Can You Appeal a Default Judgement?

Do I Need a Debt Collection Defense Attorney?

Do I Need a Payday Loans Lawyer?

Do student loans go away after 7 years? — Student Loan Debt Guide

Am I Responsible for My Spouses Medical Debt?

Should I Marry Someone With Debt?

Can a Debt Collector Leave a Voicemail?

How Does Debt Assignment Work?

What Happens If a Defendant Does Not Pay a Judgment?

How Does Debt Assignment Work?

Can You Serve Someone with a Collections Lawsuit at Their Work?

What Is a Warrant in Debt?

How Many Times Can a Judgment be Renewed in Oklahoma?

Can an Eviction Be Reversed?

Does Debt Consolidation Have Risks?

What Happens If You Avoid Getting Served Court Papers?

Does Student Debt Die With You?

Can Debt Collectors Call You at Work in Texas?

How Much Do You Have to Be in Debt to File for Chapter 7?

What Is the Statute of Limitations on Debt in Washington?

How Long Does a Judgment Last?

Can Private Disability Payments Be Garnished?

Can Debt Collectors Call From Local Numbers?

Does the Fair Credit Reporting Act Work in Florida?

The Truth: Should You Never Pay a Debt Collection Agency?

Should You Communicate with a Debt Collector in Writing or by Telephone?

Do I Need a Debt Negotiator?

What Happens After a Motion for Default Is Filed?

Can a Process Server Leave a Summons Taped to My Door?

Learn More With These Additional Resources:

Need help managing your finances? Check out these resources.

How to Make a Debt Validation Letter - The Ultimate Guide

How to Make a Motion to Compel Arbitration Without an Attorney

How to Stop Wage Garnishment — Everything You Need to Know

How to File an FDCPA Complaint Against Your Debt Collector (Ultimate Guide)

Defending Yourself in Court Against a Debt Collector

Tips on you can to file an FDCPA lawsuit against a debt collection agency

Advice on how to answer a summons for debt collection.

Effective strategies for how to get back on track after a debt lawsuit

New Hampshire Statute of Limitations on Debt

Sample Cease and Desist Letter Against Debt Collectors

The Ultimate Guide to Responding to a Debt Collection Lawsuit in Utah

West Virginia Statute of Limitations on Debt

What debt collectors cannot do — FDCPA explained

Defending Yourself in Court Against Debt Collector

How to Liquidate Debt

Arkansas Statute of Limitations on Debt

Youre Drowning in Debt — Heres How to Swim

Help! Im Being Sued by My Debt Collector

How to Make a Motion to Vacate Judgment

How to Answer Summons for Debt Collection in Vermont

North Dakota Statute of Limitations on Debt

ClearPoint Debt Management Review

Indiana Statute of Limitations on Debt

Oregon Eviction Laws - What They Say

CuraDebt Debt Settlement Review

How to Write a Re-Aging Debt Letter

How to Appear in Court by Phone

How to Use the Doctrine of Unclean Hands

Debt Consolidation in Eugene, Oregon

Summoned to Court for Medical Bills? What to Do Next

How to Make a Debt Settlement Agreement

Received a 3-Day Eviction Notice? Heres What to Do

How to Answer a Lawsuit for Debt Collection

Tips for Leaving the Country With Unpaid Credit Card Debt

Kansas Statute of Limitations on Debt Collection

How to File in Small Claims Court in Iowa

How to File a Civil Answer in Kings County Supreme Court

Roseland Associates Debt Consolidation Review

How to Stop a Garnishment

Debt Eraser Review

Do Debt Collectors Ever Give Up?

Can They Garnish Your Wages for Credit Card Debt?

How Often Do Credit Card Companies Sue for Non-Payment?

How Long Does a Judgement Last?

​​How Long Before a Creditor Can Garnish Wages?

How to Beat a Bill Collector in Court