File Divorce Petition Florida: What Happens After You File

You have made the decision. Maybe it took months of agonizing, maybe you have known for years, or maybe something happened last week that made everything crystal clear. Whatever brought you here, you are ready to take the first legal step toward ending your marriage. And that first step is filing a divorce petition in Florida.

But the moment you start researching, the questions multiply. What form do you need? Which court do you file in? What happens after the petition is filed? How long until your spouse finds out? And what comes next?

Here is the direct answer: When you file a divorce petition in Florida, you are officially opening a family law case with the circuit court. The court assigns a case number, and you then have 120 days to serve your spouse with the petition and summons. After service, your spouse has 20 calendar days to file a written response. If you have children, a mandatory waiting period of at least 20 days applies before the court can finalize anything. Even without children, no Florida divorce can be finalized sooner than 20 days after the petition is filed. From that point forward, the case either proceeds as uncontested, meaning you and your spouse agree on everything, or contested, meaning the court will need to resolve disputes.

In my practice, I have helped hundreds of people navigate this exact moment. What I have found is that most of the anxiety comes from not knowing what to expect. So let me walk you through every step, with the specific Florida statutes, court rules, forms, and timelines you need to know in 2026.

What Is a Divorce Petition in Florida?

A Petition for Dissolution of Marriage is the legal document that formally asks a Florida circuit court to end your marriage. In Florida, divorce is legally called dissolution of marriage. The person who files the petition is called the petitioner, and the other spouse is called the respondent.

The petition is not a complaint or an accusation. Florida is a no-fault divorce state under Florida Statute 61.052, which means you do not have to prove adultery, abuse, or any wrongdoing. You simply need to state that your marriage is irretrievably broken. That single phrase is the only legal ground required.

The petition itself contains critical information: the names and addresses of both spouses, the date and place of marriage, whether there are minor children, a description of marital assets and debts, and what you are asking the court to decide regarding property division, alimony, child custody (called time-sharing in Florida), and child support.

Who Can File a Divorce Petition in Florida?

To file a divorce petition in Florida, at least one spouse must have been a resident of the state for a minimum of six months immediately before filing. This residency requirement is established in Florida Statute 61.021. You can prove residency with a Florida driver's license, voter registration card, or an affidavit from a third party confirming your residence.

There is no requirement that both spouses live in Florida. If you have lived in Florida for six months and your spouse lives in another state, you can still file here. However, the court's ability to make decisions about property division or alimony may be limited if your spouse has no connection to Florida. For child custody matters, the Uniform Child Custody Jurisdiction and Enforcement Act, codified in Florida Statute Chapter 61, Part XI, generally requires that the children have lived in Florida for six months to establish jurisdiction.

Step-by-Step: How to File a Divorce Petition in Florida

Here is exactly what happens from the moment you decide to file through the final judgment.

Step 1: Prepare the Required Documents

Before you can file, you need to prepare several documents. At minimum, you will need:

• Petition for Dissolution of Marriage (Florida Supreme Court Approved Family Law Form 12.901, with variants depending on whether you have children)
• Summons (Form 12.910(a))
• Civil Cover Sheet (Cover Sheet for Family Court Cases)
• Filing fee payment (currently $409.00 in most Florida circuits, though this varies slightly by county)

Getting these documents right matters more than most people realize. I have seen cases delayed by weeks because a petitioner used the wrong form variant, left a critical section blank, or made errors that required amendment. A recent client came to us after attempting to e-file on their own three times, each time getting the submission rejected by the clerk for formatting and content issues. We prepared their complete petition package and had it accepted on the first submission.

This is exactly why we created our Divorce Petition Package. For $495, we prepare your complete Petition for Dissolution of Marriage, Summons, and Cover Sheet, then e-file everything with the court on your behalf. You receive filing confirmation, service instructions, and access to our client portal for tracking, all within 2 to 3 business days.

Step 2: Determine the Correct Court

You must file in the circuit court of the county where either you or your spouse resides. Florida has 20 judicial circuits covering all 67 counties. If you live in Miami-Dade County, you file in the Eleventh Judicial Circuit. If you live in Broward County, it is the Seventeenth Judicial Circuit. Orange County falls under the Ninth Judicial Circuit, Hillsborough under the Thirteenth, and Duval under the Fourth.

Filing in the wrong county does not automatically doom your case, but it can cause delays if your spouse objects to the venue. Under Florida Family Law Rule of Procedure 12.407, venue issues should be raised early in the case.

Step 3: E-File the Petition

Florida requires electronic filing for nearly all court documents through the Florida Courts E-Filing Portal at efiling.flcourts.org. Self-represented litigants may request an exemption to file in paper, but e-filing is faster and provides immediate confirmation.

When you e-file, the clerk's office reviews your submission for completeness. If accepted, you receive a case number and a file-stamped copy of your petition. This is the official record that your case has been opened.

Our Petition Package includes e-filing with the court so you do not have to navigate the e-filing portal yourself.

Step 4: Serve Your Spouse

Filing the petition is only half the equation. Your spouse must be formally served with a copy of the petition and summons. This is not optional. Due process under both the U.S. and Florida constitutions requires that your spouse receive proper notice of the lawsuit.

In Florida, service of process is governed by Florida Statute 61.043 and Florida Family Law Rule of Procedure 12.070. There are several methods:

• Personal Service by a certified process server or sheriff's deputy: This is the most common method. The server physically hands the documents to your spouse and files a proof of service with the court.
• Service by Mail with a signed acknowledgment: Under Florida Statute 61.043(1), you can mail the petition by certified mail, return receipt requested, and your spouse can sign an acknowledgment.
• Acceptance of Service: Your spouse can voluntarily sign a form acknowledging receipt, which is filed with the court. This is common in amicable situations.
• Constructive Service (service by publication): If you genuinely cannot locate your spouse after a diligent search, you may be able to serve by publishing a notice in a local newspaper. This limits the court's authority to divide property or award alimony.

You have 120 days from the date of filing to complete service. If service is not completed within this window, your case may be dismissed under Florida Rule of Civil Procedure 1.070(j).

Step 5: Wait for Your Spouse's Response

Once your spouse is served, the clock starts ticking. Under Florida Family Law Rule of Procedure 12.140, your spouse has 20 calendar days from the date of service to file a written response, called an Answer, with the court.

In Florida, your spouse has exactly 20 days from the date of service to file an Answer to a divorce petition. If they were served outside of Florida, they get an additional 5 days (25 total). If served by publication, the timeframe is 30 days from the last date of publication.

Three things can happen after service:

Step 6: Mandatory Disclosure

Within 45 days of service of the initial petition, both parties must exchange mandatory financial disclosure under Florida Family Law Rule of Procedure 12.285. This includes:

• A Financial Affidavit (Form 12.902(b) for incomes under $50,000 or Form 12.902(c) for incomes of $50,000 or more)
• Federal and state tax returns for the past three years
• Pay stubs for the past three months
• Bank statements, credit card statements, and loan documents for the past three months
• IRA, 401(k), pension, and retirement account statements

This disclosure requirement applies in almost every case, even uncontested ones, unless both parties agree in writing to waive it and there are no minor children or support issues. If you need help completing your Financial Affidavit, our team can guide you through the process.

Step 7: Negotiate or Litigate

If both spouses agree on all issues, you can prepare a Marital Settlement Agreement (and a Parenting Plan if children are involved) and submit these to the court for approval. This is the uncontested path, and it is how the majority of Florida divorces conclude.

If disagreements exist, the case may require mediation, which is mandatory in most Florida circuits before a judge will hear contested issues at trial. Mediation is a structured negotiation with a neutral third party and resolves a significant percentage of cases.

We offer a Settlement Agreement service to help you draft the legal document that formalizes your agreement, and a Parenting Plan service if you have children.

Step 8: Final Hearing and Judgment

In an uncontested divorce, the final hearing is often brief, sometimes lasting only 10 to 15 minutes. One spouse appears before the judge, confirms the marriage is irretrievably broken, and presents the signed settlement agreement. The judge reviews everything and, if satisfied, signs the Final Judgment of Dissolution of Marriage.

In contested cases, the final hearing can take hours or even days, depending on the issues involved.

No Florida divorce can be finalized sooner than 20 days after the date the petition was filed. There is no maximum timeline set by statute, but uncontested cases typically conclude within 30 to 90 days. Contested cases can take 6 to 18 months or longer.

What Happens Immediately After You File: A Real-World Example

Let me share an anonymized example from my practice. A client, a mother of two young children living in Palm Beach County, came to us in early 2025. She and her husband had been separated for several months. She wanted to file but was overwhelmed by the paperwork and terrified of making a mistake that could affect her custody case.

We prepared her Petition for Dissolution of Marriage using our Petition Package, including the appropriate form for cases with dependent children (Form 12.901(b)(1)), the Summons, and the Cover Sheet. We e-filed everything with the Fifteenth Judicial Circuit. Within 48 hours, she had her case number and file-stamped documents.

We provided her with detailed service instructions. She chose to have her husband served by a certified process server at his workplace. He was served on a Monday. He retained an attorney and filed an Answer and Counter-Petition within the 20-day deadline.

Because both sides were willing to negotiate, the case went to mediation within 60 days. They reached a full agreement on time-sharing, child support, and property division. We helped her prepare the settlement agreement and parenting plan. The judge signed the Final Judgment approximately 75 days after the original petition was filed.

The total cost of her document preparation through our unbundled services was a fraction of what a traditional full-representation divorce would have cost.

How We Help: The Divorce.law Petition Package

Our Divorce Petition Package is designed for people who are ready to start their divorce and want the documents done right the first time, without paying thousands in traditional attorney retainer fees.

For $495, here is exactly what you get:

• Petition for Dissolution of Marriage, customized to your specific situation
• Summons, ready for service on your spouse
• Cover Sheet for Family Court Cases
• E-filing with the court, so you never have to deal with the e-filing portal
• Filing confirmation with your official case number
• Detailed service instructions explaining how to serve your spouse
• One round of revisions if anything needs to be adjusted
• Divorce.law Client Portal access for secure document uploads and real-time case tracking
• 24/7 access to Victoria, our AI assistant, for case questions anytime at /ask-victoria

This service is ideal for people who are ready to file, those comfortable handling the process with professional document support, DIY divorces that want to make sure the paperwork is correct, and anyone who wants to start the process on the right foot.

Turnaround is 2 to 3 business days from the time we receive your completed intake information.

Common Concerns and Objections

I Am Worried My Spouse Will React Badly When Served

This is one of the most common fears I hear. Being served with divorce papers can be an emotional moment. Here is what you should know: you have control over how and where service happens. You can instruct the process server to serve your spouse at their workplace during business hours, at their home, or in any other location. If your spouse is likely to react with hostility, you may want to plan service at a public location. If there is any history of domestic violence, tell us immediately. Florida law provides for injunctions and other protective measures under Florida Statute 741.30.

Also, remember that your spouse can voluntarily accept service, which avoids the surprise factor entirely. In amicable situations, this is often the best approach.

I Cannot Afford an Attorney for the Whole Divorce

You do not need one. This is precisely why unbundled legal services exist. Instead of paying a $5,000 to $10,000 retainer for full representation, you pay only for the specific services you need. Our Petition Package at $495 gets your case filed correctly. If you later need a Settlement Agreement or Parenting Plan, you can add those services individually. If you reach a point where you need more strategic guidance, we offer a Strategy Session where you can get attorney advice tailored to your case.

This approach puts you in control of your budget while ensuring your legal documents meet professional standards.

What If I Am Not Sure Whether to File?

Filing a divorce petition is a significant step. If you are unsure, a Strategy Session with our team can help you understand your options, the likely timeline, potential outcomes, and what filing would mean for your specific situation. There is no pressure. Sometimes the best advice is to wait.

Important Florida Divorce Timelines to Know in 2026

Here is a summary of the key deadlines and timeframes when you file a divorce petition in Florida:

• Residency requirement: At least one spouse must have lived in Florida for 6 months before filing (Florida Statute 61.021)
• Time to serve your spouse: 120 days from filing
• Spouse's time to respond: 20 days from service (25 if served out of state)
• Mandatory disclosure deadline: 45 days from service of the initial petition
• Minimum waiting period: 20 days from filing before the court can enter a Final Judgment
• Typical uncontested timeline: 30 to 90 days total
• Typical contested timeline: 6 to 18 months or longer
• Mandatory Parenting Course (with children): Must be completed before final hearing, per Florida Statute 61.21

What You Should Do Right Now

If you are ready to file a divorce petition in Florida, the best thing you can do is start with accurate, complete documents. Errors on your petition can delay your case, create confusion during service, or even affect the court's decisions down the line.

Our Divorce Petition Package at $495 takes the guesswork out of the process. We prepare your petition, summons, and cover sheet, e-file everything with the court, and provide you with clear instructions for the next steps. You get your case started correctly, on your timeline, without the cost of a full-service retainer.

Visit /services/petition-package to get started today, or reach out to Victoria if you have questions before you are ready to move forward.

Your future is waiting. The paperwork should not be the thing standing in the way.

Frequently Asked Questions

Can I file for divorce in Florida if my spouse lives in another state?

Yes. As long as you have been a Florida resident for at least six months, you can file a divorce petition in Florida regardless of where your spouse lives. However, if your spouse has no connection to Florida, the court may have limited authority over property division and alimony. You will also need to arrange service of process in the state where your spouse resides, which may involve hiring a process server in that state.

What if my spouse refuses to sign the divorce papers?

Your spouse does not need to sign anything for the divorce to proceed. In Florida, one spouse cannot prevent the other from obtaining a divorce. If your spouse is served and fails to respond within 20 days, you can seek a default judgment. If they respond but refuse to cooperate, the case will proceed as contested, and ultimately a judge will make the decisions your spouse refuses to make voluntarily.

Do I have to go to court to file for divorce in Florida?

No. Florida requires electronic filing for court documents, so the petition is filed online through the Florida Courts E-Filing Portal. You do not need to visit the courthouse to file. You will likely need to appear in court for the final hearing, but even that may be conducted virtually in some circuits. When you use our Petition Package, we handle the e-filing for you entirely.

What is the difference between filing first and being served?

The spouse who files first (the petitioner) chooses when and where the case is filed, which gives them more time to prepare documents and gather financial information. At trial, the petitioner presents their case first, which some attorneys consider a procedural advantage. However, being the petitioner does not give you a legal advantage on the merits. Florida courts do not favor one spouse over the other based on who filed first.

How much does it cost to file a divorce petition in Florida in 2026?

The court filing fee for a divorce petition in Florida is approximately $409 in most circuits, though it varies slightly by county. This fee is paid to the clerk of court at the time of filing. If you cannot afford the filing fee, you may qualify for a fee waiver by filing an Application for Determination of Civil Indigent Status. Our Petition Package is $495 and includes document preparation plus e-filing. The court filing fee is separate and paid directly to the court.

Can I file for divorce in Florida without a lawyer?

Yes. Florida law allows you to represent yourself, which is called proceeding pro se. The Florida Supreme Court has approved standardized family law forms specifically for self-represented litigants. However, divorce involves legal rights to property, support, and child custody that can have lifelong consequences. Even if you do not hire an attorney for full representation, using a professional service like our Petition Package ensures your documents are accurate and complete, which is critical to starting your case on solid footing.

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This article provides general information about Florida divorce law and is not legal advice. Every case is unique. For advice specific to your situation, schedule a consultation with a Florida-licensed attorney.