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Filing for an Uncontested Divorce in Florida Without an Attorney: What to Know Before You Start

Originally published: May 2026 | Reviewed by Joni Mathis

Filing for an Uncontested Divorce in Florida Without an Attorney: What to Know Before You Start

Florida couples can file for an uncontested divorce without an attorney when both spouses fully agree on property, debts, and — if applicable — children. Florida Circuit Courts require Form 12.901, a filing fee of approximately $408–$409 as verified across most Florida counties in 2026, and at least one spouse to meet the six-month residency requirement under Florida Statutes § 61.021. 

A mediator can help finalize any outstanding agreements before you file, keeping the case on the uncontested track and out of court.

Peacemaker Mediation Group helps Florida couples reach full agreement before filing, so their uncontested divorce stays uncontested from start to finish.

Key Takeaways

  • At least one spouse must have lived in Florida for six months immediately before filing, per Fla. Stat. § 61.021
  • Florida offers two pro se paths: Simplified Dissolution of Marriage for couples with no children, no alimony, and no property disputes, and Standard Uncontested Dissolution for more complex situations.
  • Filing fees run approximately $408–$409 at most Florida Circuit Court clerk offices, with a fee waiver available under Fla. Stat. § 57.082 for qualifying parties.
  • Florida law imposes a mandatory 20-day waiting period under § 61.19 before a judge can enter the Final Judgment of Dissolution.

Do You Qualify to File an Uncontested Divorce Without an Attorney in Florida?

A Florida uncontested divorce without an attorney requires that both spouses fully agree on all terms — property division, debts, child custody, child support, and alimony — and that at least one spouse has lived in Florida for the six months immediately before filing under Florida Statutes § 61.021

Florida is a no-fault divorce state, which means neither spouse must prove wrongdoing. The only grounds required are that the marriage is “irretrievably broken,” defined under Fla. Stat. § 61.052 as a finding that no reasonable prospect of reconciliation exists.

Full agreement is the operative condition. If both spouses agree on every issue — every account, every debt, every schedule — the case qualifies as uncontested. 

If one term remains in dispute, the case becomes contested, which triggers attorney involvement, court hearings, and costs that routinely run $10,000–$30,000 or more.

RequirementSimplified DissolutionStandard Uncontested
Residency (Fla. Stat. § 61.021)6 months minimum6 months minimum
Children under 18Not permittedPermitted with a parenting plan
AlimonyCannot be requestedCan be addressed
Property disputesMust be fully resolvedMust be fully resolved
Both spouses agreeYesYes
Court appearanceBoth appear together at the filingFinal hearing required

Couples who are close to agreement but stuck on one or two terms have a clear option before filing: mediation. A neutral mediator helps both spouses reach a written agreement on the outstanding issues, restoring uncontested status without converting the case to litigation. 

Peacemaker Mediation Group provides this uncontested divorce service for Florida couples who need a neutral professional to close the gap before they file.

Simplified vs. Standard Uncontested Divorce in Florida — Which Path Applies to You?

Florida offers two distinct pro se divorce paths: the Simplified Dissolution of Marriage for couples with no children, no alimony, and fully resolved property issues, and the Standard Uncontested Dissolution for couples with children, property, or support terms to document in a formal agreement. Pro se filers who choose the wrong path face clerk rejection and a restarted timeline.

The Simplified Dissolution — filed on Form 12.901(a), available through the Florida Courts family law forms portal — requires both spouses to appear together in person at the Circuit Court clerk’s office at the time of filing, not only at the final hearing. 

Pro se filers frequently miss this step. The Standard Uncontested Dissolution uses Form 12.901(b)(1) for cases with minor children or Form 12.901(b)(2) for cases without children but with property or support terms. The petitioner files; the respondent has 20 days to answer.

FactorSimplified (Form 12.901(a))Standard Uncontested (Form 12.901(b)(1)/(b)(2))
Minor childrenNot eligibleEligible — parenting plan required
AlimonyNot availableAvailable if both agree
Financial affidavitWaivable by joint agreementMandatory — Form 12.902(b) or (c)
Both must sign the petitionYes — joint petitionPetitioner files; respondent answers
Timeline~30 days from filing45–60 days typical
Court appearanceBoth appear at the clerk’s office to initiateFinal hearing — both attend

Understanding the divorce process before selecting a form prevents the most common reason for case rejection: filing the simplified form when minor children are involved. 

Couples who need divorce document preparation support in Florida can verify which form applies to their specific circumstances before submitting anything to the clerk.

If you’re ready to get started, call us now!

What Forms Do You Need to File an Uncontested Divorce in Florida?

What Forms Do You Need to File an Uncontested Divorce in Florida?

Florida pro se divorce filers must use state-approved forms available free at flcourts.gov. The required forms vary by case type — whether children are involved and whether both parties waive financial disclosure — but every standard uncontested case requires a petition, a financial affidavit, and a marital settlement agreement. 

All forms must be signed before a notary, not simply before filing. Unsigned or improperly notarized documents are rejected at the clerk’s window without exception.

Form NumberForm NameRequired For
12.901(a)Joint Petition for Simplified DissolutionSimplified cases only
12.901(b)(1)Petition for Dissolution with Minor ChildrenStandard — with children
12.901(b)(2)Petition for Dissolution — No Dependent ChildrenStandard — no children, with property
12.902(b) or (c)Financial Affidavit (short or long form)All standard uncontested cases
12.902(e)Child Support Guidelines WorksheetCases involving children
12.902(f)(1)Marital Settlement AgreementAll cases with property or support terms
12.990(a) or (b)Final Judgment of DissolutionBrought to the final hearing
12.923Notice of Hearing (General)Required to schedule the final hearing
12.928Cover Sheet for Family Court CasesAll filings

If any document preparation service — not an attorney — helps complete these forms, that service must provide Form 12.900(a), the Disclosure from Nonlawyer, before assisting. 

Florida law requires this disclosure regardless of how simple the forms appear. Reviewing the Florida divorce checklist before assembling your packet reduces the risk of a rejected filing.

Child support must be calculated using the Florida child support guidelines under Fla. Stat. § 61.30. 

The Child Support Guidelines Worksheet (Form 12.902(e)) must reflect both spouses’ actual income and expenses — judges are not required to accept an agreed-upon amount that deviates from the statutory calculation without documented justification. 

Review the divorce document preparation requirements specific to Florida before completing the support worksheet.

Step-by-Step: How to File an Uncontested Divorce in Florida Without an Attorney

Step-by-Step: How to File an Uncontested Divorce in Florida Without an Attorney

Filing an uncontested Florida divorce without an attorney follows six procedural steps: confirming eligibility, reaching full agreement, completing and notarizing all required forms, filing with the Circuit Court clerk, serving the respondent, and attending the final hearing. 

Florida Statutes § 61.19 imposes a mandatory 20-day waiting period from the date of filing before a judge can enter the Final Judgment of Dissolution.

Step 1 — Confirm residency and full agreement. 

At least one spouse must have lived in Florida for six months immediately before the filing date. Both spouses must agree on every issue. Use the Florida divorce cost calculator 2025 to estimate total out-of-pocket costs before committing to the pro se path.

Step 2 — Complete and notarize all required forms. 

Download current versions from flcourts.gov only — outdated forms are rejected. Sign each form requiring notarization in front of a licensed notary, not before. Make at least two copies of every document.

Step 3 — File with the Circuit Court clerk in the county where either spouse resides. 

The filing fee is approximately $408–$409 as verified across most Florida counties in 2026. Couples who cannot afford the fee apply for indigent status using the Application for Determination of Civil Indigent Status, available under Fla. Stat. § 57.082, filed at the clerk’s office at the time of submission. 

Standard uncontested cases can be initiated through the Florida Courts e-Filing Portal. Simplified dissolution filers must initiate in person.

Step 4 — Serve the respondent. 

In standard uncontested cases, the petitioner must serve the respondent with the petition and a summons. In simplified dissolution, both spouses file jointly, and service is not required because both appear together. The respondent has 20 days to file an Answer and Waiver once served.

Step 5 — Complete mandatory financial disclosure. 

Both spouses in a standard uncontested case must exchange financial affidavits (Form 12.902(b) or (c)) within 45 days of service under Florida Family Law Rules of Procedure Rule 12.285. Skipping this step stalls the case at the clerk’s level. Review the full preparation guide before this stage.

Step 6 — Attend the final hearing. 

Schedule the hearing through the clerk or judicial assistant once all paperwork is filed and disclosure is complete. Bring the completed Final Judgment of Dissolution form (12.990(a) for simplified or 12.990(b) for standard uncontested with children). 

The judge reviews the terms, confirms both spouses’ agreement, and signs the Final Judgment. The 20-day statutory waiting period under § 61.19 must have elapsed before the judge can sign.

Couples who understand why mediation works often complete a mediation session before Step 1 — so that by the time they file, every form reflects a finalized, agreed-upon settlement with no risk of last-minute disputes derailing the case.

If you’re ready to get started, call us now!

What Happens When You Agree on Most Things — But Not Everything?

Partial disagreement on any single issue — one bank account, one custody schedule, one debt — converts an uncontested Florida divorce into a contested case, triggering court hearings, legal representation costs, and timelines that stretch from months into years. 

Mediation vs. litigation in Florida is not an abstract comparison when a single unresolved item costs $10,000–$30,000 or more to adjudicate.

Florida Statutes § 44.102 authorizes Florida courts to order mediation in contested family law cases before trial. Couples who mediate before filing skip this court-ordered detour entirely. Pre-filing mediation is the lowest-cost, fastest intervention available when partial disagreement exists.

IssueMediation Can ResolveRequires an attorney or Litigation
Property division disagreementYesOnly if mediation fails
Parenting time schedule disputeYesOnly if mediation fails
Alimony amountYesOnly if mediation fails
Hidden assets / undisclosed incomeNo — requires court discoveryYes
Domestic violence/safety concernsNo — mediation is voluntaryYes
Retirement account division (QDRO)Yes — mediator coordinates termsQDRO drafting requires a specialist

Choosing to divorce without going to court in Florida depends almost entirely on whether both spouses can reach and hold a full agreement. 

When that agreement is fragile — one spouse wavering on the family home, disagreement over the time-sharing schedule — a single mediation session frequently resolves the outstanding issue in hours, not months. 

Peacemaker Mediation Group provides Florida divorce mediation for couples who are close to an agreement and need a neutral professional to bring both sides to a signed settlement.

How Much Does It Cost to File an Uncontested Divorce Without an Attorney in Florida?

Filing an uncontested divorce in Florida without an attorney costs approximately $408–$409 as verified across most Florida counties in 2026 — a statutory base rate confirmed at Collier County ($408), Indian River County ($408), and Miami-Dade County ($409). 

Additional costs depend on whether the couple needs document preparation support, a mediator to resolve partial disagreements, or a QDRO specialist for retirement account division. 

Couples who cannot afford the filing fee apply for a civil indigent status fee waiver under Fla. Stat. § 57.082 at the clerk’s office at the time of filing.

Cost ItemEstimated RangeNotes
Circuit Court filing fee$408–$409Statutory base rate — most Florida counties, verified 2026
Summons issuance$10 per summonsIf the respondent must be served
Fee waiver$0Available under Fla. Stat. § 57.082
Document preparation service$150–$500Not legal advice; nonlawyer disclosure required
Divorce mediation (private)$500–$1,500Resolves disputes and preserves uncontested status
QDRO preparation$500–$1,000Required for 401(k) or pension division
Attorney settlement review (optional)$200–$800 flatRecommended before signing the final agreement
Contested divorce (comparison)$10,000–$30,000+If the uncontested process breaks down

The divorce mediation cost in Florida — typically $500 to $1,500 for a private mediation session — is the lowest-cost intervention available when partial disagreement exists. Couples who invest in mediation before filing protect the $408–$409 filing fee already paid and avoid the $10,000–$30,000-plus cost of converting to a contested case. 

The Florida divorce cost calculator 2025 provides a personalized estimate based on case complexity and county. 

The hidden costs of litigated divorce — lost income, extended timelines, emotional toll on children — rarely appear in any fee schedule but are consistently reported by families who bypassed the uncontested path.

Common Mistakes That Delay or Derail a Pro Se Florida Divorce

The most common reasons Florida pro se uncontested divorces are rejected or delayed include using outdated forms, filing in the wrong county, submitting unsigned or improperly notarized documents, and failing to complete the mandatory financial disclosure. 

Each mistake that requires refiling restarts the 20-day waiting period under § 61.19 from the corrected filing date.

Common MistakeWhy It Causes DelaysHow to Prevent It
Using outdated formsCourts reject superseded versions without exceptionDownload all forms directly from flcourts.gov on the day of filing
Filing in the wrong countyCase dismissed for improper venueFile in the county where either spouse currently resides
Missing notarizationClerk rejects unsigned or unnotarized affidavitsSign all forms requiring notarization in front of a licensed notary before submission
Skipping the financial affidavitMandatory in all standard uncontested casesBoth spouses complete Form 12.902(b) or (c) before exchange deadline
No parenting course certificateRequired before the final hearing in all cases with childrenComplete a Florida-approved parenting course and file the certificate before scheduling the hearing
The agreement falls apart after filingCase converts to contested, triggering court involvementResolve all disputes through mediation before filing — not after

The parenting course requirement catches pro se filers off guard. Florida requires both parents to complete a court-approved parenting course before the final hearing in any dissolution involving minor children. 

Course completion certificates must be filed with the court before the hearing is scheduled. Treating this as a last-minute requirement causes unnecessary delays. 

The Florida parenting plan requirements and the parenting course are both pre-hearing obligations, not post-judgment steps. Review the divorce mediation mistakes couples make during this process before completing your forms packet.

When a Mediator — Not an Attorney — Is the Right Support for Your Florida Divorce

Divorce mediation gives Florida couples a neutral professional who guides both parties toward a written settlement agreement — without representing either side, advising either party on legal strategy, or filing any documents on anyone’s behalf. The mediator’s role is to facilitate agreement, not to practice law.

A private mediator helps spouses complete the Marital Settlement Agreement (Form 12.902(f)(1)) — the core document that defines how property is divided, how debts are assigned, what the time-sharing schedule looks like, and what support obligations apply. 

Once both spouses sign that agreement, the entire uncontested divorce process flows from that document. 

The petition, the financial affidavits, and the final judgment all reflect the terms already agreed upon in mediation. No disputed terms remain by the time the case reaches the final hearing.

The benefits of divorce mediation go beyond cost savings. Mediated agreements reflect decisions both spouses made voluntarily — which means both parties are more likely to follow mediated agreements than court-imposed judgments.

 Families who reach an amicable divorce through mediation report lower conflict during co-parenting in the months and years after the divorce is finalized.

Mediation is the right support option when couples are close to agreement on most terms, when one outstanding issue is blocking the filing, or when both spouses want to complete the divorce process without an adversarial proceeding. 

Mediation is not the right option when domestic violence is present, when one spouse is hiding assets, or when one party refuses to participate in good faith. A family law attorney is the appropriate professional in those situations.

Peacemaker Mediation Group provides Florida divorce mediation for couples across the state who want a neutral, professional facilitator to help them complete a settlement agreement, preserve their uncontested status, and move through the Florida divorce process without court involvement.

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    Frequently Asked Questions

    Can I file for divorce in Florida without an attorney if we have children?

     Filing for divorce in Florida without an attorney is possible with children, as long as both spouses fully agree on every child-related issue. Florida requires a completed Parenting Plan (Form 12.902(f)(2)), a Child Support Guidelines Worksheet (Form 12.902(e)), and a parenting course certificate filed before the final hearing. Full agreement on every term is required.

    What is the difference between a simplified dissolution and an uncontested divorce in Florida? 

    A simplified dissolution in Florida requires no minor children, no alimony, and a fully resolved property agreement — both spouses file jointly on Form 12.901(a) and appear together at the clerk’s office. A standard uncontested divorce applies when children, alimony, or property terms must be formally documented using Form 12.901(b)(1) or (b)(2).

    How long does an uncontested divorce take in Florida without a lawyer? 

    An uncontested divorce in Florida without a lawyer takes approximately 30 days for a simplified dissolution and 45–60 days for a standard uncontested case. Florida Statutes § 61.19 imposes a mandatory 20-day waiting period from the filing date before a judge can sign the Final Judgment.

    What forms do I need to file an uncontested divorce in Florida? 

    Filing an uncontested divorce in Florida requires, at a minimum, Form 12.901 (petition), Form 12.902(b) or (c) (financial affidavit for standard cases), Form 12.902(f)(1) (marital settlement agreement), and Form 12.990 (final judgment). Cases with minor children also require a Parenting Plan, a Child Support Worksheet, and a parenting course certificate. All forms are available free at flcourts.gov.

    How much does it cost to file for divorce in Florida without an attorney? 

    Filing for divorce in Florida without an attorney costs approximately $408–$409 in circuit court filing fees across most counties, as verified in 2026. Additional costs include document preparation ($150–$500), mediation if needed ($500–$1,500), and a QDRO specialist for retirement accounts ($500–$1,000). Qualifying parties can apply for a fee waiver under Fla. Stat. § 57.082.

    Do both spouses have to agree to file an uncontested divorce in Florida? 

    Both spouses must agree on every issue for a Florida divorce to remain uncontested. If one spouse contests any term — property, support, or parenting time — the case becomes contested, requiring court hearings and typically attorney involvement. Full agreement on every term before filing is the only way to preserve the uncontested classification.

    What happens if my spouse and I agree on most issues but not all of them? 

    Disagreement on any single issue converts a Florida divorce from uncontested to contested. The recommended solution before filing is private mediation, where a neutral mediator helps both spouses resolve the outstanding issue and produce a signed settlement agreement. Pre-filing mediation under Fla. Stat. § 44.102 skips the court-ordered mediation step that contested cases trigger.

    Is mediation required before filing for divorce in Florida? 

    Mediation is not automatically required before filing for divorce in Florida in uncontested cases. Florida courts may order mediation under § 44.102 in contested family law cases before trial. Couples who mediate voluntarily before filing resolve disputes earlier, preserve their uncontested status, and avoid the court-ordered mediation step that contested cases trigger after filing.

    Can I file an uncontested divorce in Florida online? 

    Standard uncontested divorce cases in Florida can be initiated through the Florida Courts e-Filing Portal at help.flcourts.gov. Simplified dissolution filers must initiate the case in person at the Circuit Court clerk’s office, where both spouses appear together. After filing, most subsequent documents in standard uncontested cases can be submitted electronically.

    What is the 20-day waiting period in a Florida divorce? 

    Florida Statutes § 61.19 prohibits a judge from entering a Final Judgment of Dissolution until at least 20 days after the petition was filed. Courts waive this period only when an earlier judgment is necessary to prevent injustice. The final hearing cannot be scheduled until the 20-day period has elapsed.

    What is a Financial Affidavit, and do I have to file one in Florida? 

    A Financial Affidavit is a sworn disclosure of income, expenses, assets, and liabilities — filed on Form 12.902(b) for annual incomes under $50,000 or Form 12.902(c) for incomes at or above that threshold. Florida Family Law Rules of Procedure Rule 12.285 requires both spouses in a standard uncontested case to exchange affidavits within 45 days of service.

    Where do I file for divorce in Florida if we live in different counties? 

    A Florida divorce petition is filed with the Circuit Court clerk in the county where either spouse currently resides. Suppose both spouses have moved to different Florida counties since separating, and the petitioner files in the county of their own current residence. Filing in a county where neither party resides is a venue error that results in dismissal.

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