Filing for divorce on your own might sound intimidating, but in Florida it's completely legal, increasingly common, and entirely manageable — especially for uncontested cases. This guide walks you through exactly what you need to know: the requirements, the forms, the filing process, and the mistakes to avoid.
What Does "Pro Se" Mean?
"Pro se" is Latin for "on one's own behalf." When you file for divorce pro se, you represent yourself in court rather than hiring an attorney. Florida courts see pro se litigants every day — the clerks are familiar with the process, and the Florida Supreme Court has approved standardized forms specifically designed for self-represented filers.
Going pro se isn't second-class. It's a legitimate, cost-effective option when you and your spouse are on the same page about how to divide your lives.
Florida Divorce Requirements
Before you file, you need to meet two basic requirements:
1. Residency At least one spouse must have lived in Florida for a minimum of six months immediately before filing. You'll need to prove this — typically with a Florida driver's license, voter registration, or an affidavit from someone who can confirm your residency.
2. Grounds for Divorce Florida is a no-fault divorce state. You don't need to prove wrongdoing. The only grounds you need are that the marriage is "irretrievably broken" — meaning it can't be saved. You simply state this in your petition. That's it.
Uncontested vs. Contested Divorce — What's the Difference?
Uncontested (Simplified) Divorce Both spouses agree on everything: property division, debt allocation, and — if there are children — parenting arrangements and child support. This is the fastest, least expensive path. If you qualify, the whole process can be completed in 30–90 days.
To use the simplified dissolution procedure in Florida, you and your spouse must both:
- Agree the marriage is irretrievably broken
- Have no minor or dependent children together (and the wife must not be pregnant)
- Both be willing to attend the final hearing together
- Agree to waive the right to appeal and to a trial
Contested Divorce You and your spouse disagree on one or more issues. This requires more paperwork, potentially mediation, and a judge makes the final decisions. It takes longer and costs more — with or without attorneys.
Most of this guide focuses on uncontested divorce with no minor children, which is the most straightforward scenario for pro se filers.
Florida Divorce Forms You'll Need
The Florida Supreme Court has approved standard family law forms. For an uncontested divorce with no minor children, the core forms are:
- Form 12.901(a) — Petition for Simplified Dissolution of Marriage (if using simplified procedure)
- Form 12.902(f)(1) — Marital Settlement Agreement for Dissolution of Marriage with No Dependent or Minor Children
- Form 12.990(a) — Final Judgment of Simplified Dissolution of Marriage
- Financial Affidavit (Form 12.902(b) or 12.902(c)) — Required unless both parties waive it under the simplified procedure
If you don't qualify for simplified dissolution but your divorce is still uncontested, you'll use:
- Form 12.901(b)(1) — Petition for Dissolution of Marriage with No Dependent or Minor Children
- Form 12.902(f)(1) — Marital Settlement Agreement
- Summons and related service documents
All approved forms are available at flcourts.gov. That said, filling them out correctly — especially the financial affidavit — is where most pro se filers run into trouble.
Step-by-Step: The Filing Process
Step 1: Fill Out Your Forms
Complete all required forms carefully. Every blank matters. Errors or omissions are the most common reason clerks reject filings or judges continue hearings.
Step 2: File with the Clerk of Court
Take your completed forms to the Clerk of Court in the county where either you or your spouse lives. You'll file the petition and any accompanying documents.
Step 3: Pay the Filing Fee
The filing fee for a dissolution of marriage in Florida is typically around $408 (this varies slightly by county). If you can't afford the fee, you may qualify for a fee waiver — ask the clerk about an Application for Determination of Civil Indigent Status.
Step 4: Serve Your Spouse (If Required)
Under the simplified dissolution procedure, both spouses appear together voluntarily — no formal service needed. For a regular uncontested dissolution, your spouse must be formally served with the petition and summons by a process server or sheriff, or they can sign a notarized Waiver of Service.
Skipping or mishandling service is one of the most common — and consequential — mistakes pro se filers make. If service isn't done correctly, your case can be dismissed.
Step 5: Wait for Your Hearing Date
The clerk will schedule a final hearing. For simplified divorces, both spouses attend together. For regular uncontested divorces, if a marital settlement agreement is in place and all paperwork is in order, the hearing is typically brief.
Step 6: Attend the Hearing and Receive the Final Judgment
At the hearing, the judge reviews the agreement, asks a few questions, and signs the Final Judgment of Dissolution of Marriage. At that point, you're legally divorced.
Common Mistakes Pro Se Filers Make
Using the wrong forms. Florida has different forms depending on whether you have children, whether you're using simplified dissolution, and whether the divorce is contested. Using the wrong form sends you back to square one.
Incomplete or inaccurate financial affidavits. The financial affidavit is required in most divorces and must accurately reflect your income, expenses, assets, and debts. Vague or incorrect information can delay your case or create legal problems down the road.
Improper service. Serving your spouse by text, email, or just handing them papers yourself (without a waiver) doesn't count. Florida has strict rules on how service must be completed.
Missing the residency affidavit. Forgetting to include proof of residency is a simple but common oversight that causes filings to be rejected.
Leaving blanks. Clerks will reject forms with unanswered required fields. Every blank must be filled in or marked "N/A."
Important Disclaimer
Pro Se Document Preparation is a document preparation service, not a law firm. We do not provide legal advice. For legal advice, contact an attorney or call the Florida Bar Lawyer Referral Service at 1-800-342-8011.
The information in this article is provided for general educational purposes about Florida court procedures. It is not legal advice and should not be relied upon as such. Every case is different, and if you have questions about your specific situation, consult a licensed Florida attorney.
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