Where to Start with Your Florida Divorce: A First-Steps Checklist

You have been thinking about it for weeks, maybe months. Perhaps you have been lying awake at night running scenarios through your head, wondering what happens to the house, the kids, the bank accounts. Maybe you just found out your spouse already filed and you are scrambling. Either way, you are here because you need to know where to start with a Florida divorce, and you need real answers, not vague platitudes.

Here is the direct answer: starting a divorce in Florida requires meeting a residency requirement, gathering key financial and personal documents, deciding whether your case is contested or uncontested, and filing a Petition for Dissolution of Marriage with your local circuit court. In my practice, I have walked hundreds of people through these exact first steps, and the single biggest thing I tell every one of them is this: the decisions you make in the first two weeks shape the entire trajectory of your case.

This checklist breaks down every first step for beginning the divorce process in Florida in 2026. I will give you the statutes, the forms, the costs, and the practical reality of what to expect so you can move forward with confidence.

Step 1: Confirm You Meet Florida's Residency Requirement

Before anything else, Florida requires that at least one spouse has been a resident of the state for a minimum of six months before filing. This is codified in Florida Statute 61.021. Residency can be proven with a valid Florida driver's license, a Florida voter registration card, a Florida identification card, or testimony from a third party who can verify you have lived in Florida for the required period.

If you moved to Florida recently, you need to count carefully. I have seen clients file prematurely and have their cases dismissed, which wastes their filing fee and delays everything. The six-month clock runs from the date you established your domicile, meaning you intended Florida to be your permanent home, not from the date you first visited or vacationed here.

So can you file if your spouse lives in another state? Yes. As long as you, the filing spouse, meet the residency requirement, you can file in the Florida circuit court where you reside.

Step 2: Understand the Two Types of Divorce in Florida

Florida recognizes two broad categories of divorce: simplified dissolution and regular dissolution. Understanding the difference early on is critical because it determines which forms you file, how long the process takes, and how much it costs.

Simplified Dissolution of Marriage is available under Florida Statute 61.052(2) and requires that both spouses agree to the divorce, have no minor or dependent children, the wife is not pregnant, at least one spouse has lived in Florida for six months, the spouses have agreed on the division of all assets and liabilities, and neither spouse is seeking alimony. Both spouses must attend the final hearing.

Regular Dissolution of Marriage is the more common path. It covers every other scenario, including cases with children, alimony disputes, contested property division, or situations where one spouse does not agree to the divorce. Most of the clients I work with in Miami-Dade, Broward, and Palm Beach counties file a regular dissolution.

Florida is a no-fault divorce state. Under Florida Statute 61.052(1), you only need to allege that the marriage is irretrievably broken. You do not need to prove adultery, abuse, or abandonment to obtain a divorce, though those factors can be relevant in alimony and parenting determinations.

Step 3: Gather Your Critical Documents

Document preparation is one of the most underestimated first steps in beginning your divorce process in Florida. Courts require detailed financial disclosure, and gathering everything upfront saves you significant time and money later.

Here is the document checklist I provide to every new client:

• Marriage certificate
• Birth certificates for all minor children
• Last three years of federal and state tax returns
• Last three months of pay stubs for both spouses
• Last three months of bank statements for all accounts, joint and individual
• Mortgage statements and property deeds
• Vehicle titles and loan statements
• Retirement account statements including 401(k), IRA, and pension
• Life insurance policies
• Credit card statements
• Business financial records if either spouse owns a business
• Prenuptial or postnuptial agreements

For a deeper dive into every form and document you will need, see my guide on Florida divorce documents and forms needed.

A recent client came to us after being served at work. She had no idea where any of the family financial documents were kept because her spouse had handled all the finances during their 15-year marriage. We spent her initial strategy session identifying exactly which documents she needed and where to find them, including requesting records directly from financial institutions. Within a week, she had a clear picture of the marital estate and was ready to respond to the petition. That $125 session saved her from filing a response blindly.

Step 4: Choose Where to File

In Florida, you file your divorce in the circuit court of the county where you or your spouse resides. Florida has 20 judicial circuits. Filing in the wrong county can lead to dismissal or a transfer that delays your case by weeks.

If you live in Miami-Dade County, you file with the Eleventh Judicial Circuit. If you live in Broward County, it is the Seventeenth Judicial Circuit. Orange County is the Ninth Judicial Circuit. Hillsborough County is the Thirteenth. Duval County is the Fourth.

The initial filing fee for a Petition for Dissolution of Marriage in Florida is approximately $409 in most counties as of 2026, though fees vary slightly by circuit. If you cannot afford the filing fee, you can apply for a fee waiver by filing an Application for Determination of Civil Indigent Status.

Step 5: File the Petition for Dissolution of Marriage

The divorce process formally begins when the petitioner, the spouse who initiates, files a Petition for Dissolution of Marriage. The specific form depends on your circumstances:

• Form 12.901(a) for Simplified Dissolution
• Form 12.901(b)(1) for Dissolution with no dependent children and no property
• Form 12.901(b)(2) for Dissolution with property but no dependent children
• Form 12.901(b)(3) for Dissolution with dependent or minor children

Each form requires you to provide identifying information about both spouses, the date and place of marriage, grounds for dissolution (irretrievably broken), and your requests regarding property division, alimony, and child-related matters.

Under Florida Family Law Rule of Procedure 12.285, both parties are required to file mandatory financial disclosure within 45 days of the service of the petition. This includes a Financial Affidavit (Form 12.902(b) for income under $50,000 annually, or Form 12.902(c) for income of $50,000 or more), along with supporting documentation.

If you are wondering how to start a divorce in Florida without an attorney, you technically can file pro se. The Florida courts provide self-help resources and blank forms. However, based on what I see every week in my practice, people who file without any legal guidance frequently make errors that cost them far more to fix later than a consultation would have cost upfront.

Step 6: Serve Your Spouse

Filing the petition is only half the equation. Your spouse must be formally served with a copy of the petition and a summons. Florida law requires personal service, meaning a process server or sheriff physically hands the documents to your spouse. You cannot serve your spouse yourself.

Service by a process server typically costs between $40 and $100 in most Florida counties. If your spouse's location is unknown, you may need to pursue service by publication, which involves publishing a notice in a local newspaper. This is more expensive, usually $100 to $300, and requires court approval.

Once served, your spouse has 20 calendar days to file an Answer. Under Florida Family Law Rule of Procedure 12.140(a), if your spouse fails to respond within 20 days, you can move for a default, which means the court may grant your requests without the other side's input.

For a detailed walkthrough of what happens after you file, read my post on filing a divorce petition in Florida and what to expect.

Step 7: Decide How You Want to Handle the Process

How your divorce proceeds depends largely on whether you and your spouse can reach agreement. Here are the primary paths:

Uncontested Divorce

Both spouses agree on all major issues: property division, alimony, parenting, and child support. This is the fastest and least expensive path. An uncontested divorce with no minor children can sometimes be finalized in as little as 30 days from filing. Our uncontested divorce package for couples with no children is designed for exactly this scenario.

Contested Divorce

One or both spouses disagree on at least one major issue. Contested cases involve discovery, depositions, mediation, and potentially trial. In my experience in Miami-Dade and Broward counties, a contested divorce can take anywhere from 6 to 18 months. For more on what that timeline looks like, visit my article on contested divorce timelines in Florida.

Collaborative Divorce

Both spouses hire collaboratively trained attorneys and commit to reaching agreement outside of court. If the process breaks down, both attorneys must withdraw, creating a strong incentive to negotiate in good faith. Learn more about this option in my guide to Florida's collaborative law process.

Not sure which path applies to your case? That is exactly what our strategy session is designed to clarify.

Step 8: Protect Yourself Financially and Legally

In the early days of a divorce, emotions run high, and people sometimes make impulsive decisions that damage their cases. Here are steps to take immediately:

Step 9: Consider the Tax Implications Early

One of the most overlooked first steps in beginning the divorce process in Florida is understanding the tax consequences. Your filing status for federal income taxes depends on your marital status as of December 31 of the tax year. If your divorce is finalized by December 31, 2026, you will file as single or head of household for the entire 2026 tax year.

Alimony paid under agreements executed after December 31, 2018, is not deductible by the payor and not taxable to the recipient under the Tax Cuts and Jobs Act. Property division transfers between spouses incident to divorce are generally tax-free under Internal Revenue Code Section 1041, but the receiving spouse inherits the transferor's tax basis, which can have significant capital gains implications later.

For a thorough overview, see my article on Florida divorce and tax filing status.

Step 10: Talk to an Attorney, Even If You Plan to Handle Things Yourself

I understand the impulse to save money. I have heard every version of this concern: I cannot afford a lawyer. My spouse and I agree on everything. I just need the paperwork done. And in many cases, people genuinely do not need full legal representation.

But here is what I have learned after years of practicing family law across Florida: the people who save the most money are the ones who invest a small amount upfront to understand exactly what they are dealing with.

A 30-minute conversation can reveal issues you did not know existed. Maybe your spouse's retirement account is worth more than you realized. Maybe the parenting plan you sketched out on a napkin does not comply with Florida Statute 61.13. Maybe you qualify for alimony and did not know it.

That is precisely why we offer a strategy session for $125. It is not a commitment to hire us for your entire case. It is a focused, efficient way to get clarity before you make decisions that affect the rest of your life.

How Our Strategy Session Works

Here is exactly what you get when you book a strategy session with our firm:

• A 30-minute phone or video consultation with a Florida-licensed attorney
• A review of your specific situation, including children, assets, and timeline
• A clear explanation of the Florida divorce process as it applies to your case
• Recommended next steps tailored to whether your case is contested or uncontested
• A written summary of the discussion so you have a reference document

We offer same-day or next-day scheduling in most cases. The session costs $125, and there is no obligation to purchase additional services afterward.

This session is ideal for people who are just starting to consider divorce, those who are unsure whether their case is contested or uncontested, anyone who wants to understand their options before committing to a course of action, and people who have been served and need to understand their rights quickly.

You can also get preliminary answers anytime by chatting with Victoria, our AI legal assistant, who can help you identify which services match your situation.

Common Concerns About Getting Started

I am worried my spouse will react badly if I file first.

This is one of the most common concerns I hear, especially from clients in high-conflict situations. Filing first does not mean you are being aggressive. It means you are taking a legal step to protect your rights. In many cases, being the petitioner gives you a slight procedural advantage because you present your case first at trial. More importantly, it allows you to set the tone and timeline.

I cannot afford any legal fees right now.

I hear this often, and I take it seriously. That is why our firm focuses on unbundled legal services. Instead of a $5,000 to $10,000 retainer, you pay only for the specific services you need. A $125 strategy session might be the only expense you need right now. After that, you can decide whether to handle the rest yourself with our guidance or add services as your budget allows.

Your First-Steps Checklist: A Quick Summary

The Cost of Waiting

Every week, I speak with people who tell me they wish they had started the process sooner. Delays lead to commingled finances, dissipated assets, and weakened negotiating positions. If you are at the point where you are searching for where to start with a Florida divorce, you have already taken the hardest step: acknowledging that it is time.

The next step is a 30-minute conversation. Book a strategy session today for $125, and within 24 hours, you will have a clear understanding of your situation, your options, and exactly what to do next.

You do not have to figure this out alone.

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.