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2026 Guide Florida

How to File for Divorce in Florida (2026)

A complete guide to the Florida divorce process — court filing fees, residency requirements, serving your spouse, and options for uncontested divorce.

$400
Filing fee
$40
Sheriff service
None
Children surcharge
$440+
Est. court total
LegalCostCalculator Editorial Team Data sourced from official government websites  ·  Last reviewed:

Frequently Asked Questions

How much does it cost to file for divorce in Florida?
The Florida divorce filing fee is $400. Adding sheriff service of process costs $40, bringing the total court costs to approximately $440. Attorney fees are separate and not included in these amounts.
What are the residency requirements for divorce in Florida?
To file for divorce in Florida, either you or your spouse must typically have lived in the state for at least 6 months (and in the county where you're filing for at least 90 days), though requirements vary. Check your specific county court's rules or the Florida court website for the exact residency period, as it affects where and when you can file.
How long does a divorce take in Florida?
An uncontested divorce in Florida where both spouses agree on all terms can be finalized in 1–3 months, depending on the court's docket and any required waiting periods. Contested divorces involving disputes over property, child custody, or support typically take 6–18 months or longer. The mandatory waiting period after filing varies by state but is commonly 60–90 days.
Can I file for divorce online in Florida?
Yes — Florida accepts e-filing for divorce cases (additional $5 e-filing fee applies). For uncontested divorces, online divorce services can prepare all state-specific forms and guide you through the e-filing process.
How do I get the divorce filing fee waived in Florida?
To get the $400 Florida divorce filing fee waived, submit an In Forma Pauperis (IFP) application at the same time you file your divorce petition. The court waives fees for filers whose income falls below 125–200% of the federal poverty line. If you receive Medicaid, SNAP, SSI, or TANF, you likely qualify automatically. A judge must approve the waiver — the clerk cannot approve it.
Do I need a lawyer to get divorced in Florida?
You do not legally need a lawyer to file for divorce in Florida. Uncontested divorces — where both spouses agree on all terms — are routinely handled without attorneys using online services or court self-help forms. A lawyer becomes valuable when there are significant assets to divide, disputed child custody, or one spouse is uncooperative. At minimum, a one-hour attorney consultation ($150–$300) can help you avoid costly mistakes.

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