How to File for Divorce in Hillsborough County, Florida (2026 Guide)

You can file your own divorce in Hillsborough County without a lawyer. That is not a loophole or a workaround — it is your legal right under Florida law. Tampa-area attorneys charge $300–$500 per hour, and a straightforward uncontested divorce can easily run $5,000–$15,000 in legal fees, most of which goes toward preparing paperwork. For couples who already agree on the major issues, that money is simply not necessary.

The Florida Supreme Court publishes approved forms designed specifically for people representing themselves. The 13th Judicial Circuit processes hundreds of pro se divorces every year. This guide walks you through every step — from determining your divorce type to clicking "submit" on myflcourtaccess.com — so you know exactly what to expect.

TL;DR — Hillsborough County Divorce Quick Reference

Item	Details
Court	13th Judicial Circuit - Family Law Division
Clerk address	800 E. Twiggs St., Tampa, FL 33602
Filing fee	~$408-$409 (no minor children / with minor children)
Mandatory waiting period	20 days after service of process
e-Filing portal	myflcourtaccess.com (mandatory)
Residency requirement	6 months in Florida + 3 months in Hillsborough County
Uncontested timeline	4-8 weeks typical
Contested timeline	6-18 months

Filing fees are paid directly to the Hillsborough County Clerk of Court and are NOT included in any document preparation service.

Step-by-Step: How to File for Divorce in Hillsborough County

Step 1: Determine Whether Your Case Is Uncontested or Contested

This is the most important decision you make before touching a single form.

Uncontested — Both spouses agree on all major issues: division of assets and debts, whether either spouse will pay or receive alimony, and (if you have children) the parenting schedule, holiday rotation, decision-making authority, and child support. This is the fast, affordable path. Most Hillsborough County divorces are uncontested.
Contested — At least one issue cannot be agreed upon. The case proceeds through court-ordered mediation and potentially a trial if mediation fails. This path is significantly longer and more expensive.

If you are not sure which category you fall into, have a direct conversation with your spouse about the key issues before filing. Many couples who think they are contested find that once they sit down and talk, they can reach agreement.

Step 2: Gather Your Documents

Before completing any forms, collect the following:

Government-issued photo ID
Marriage certificate
Recent pay stubs and last two years of federal tax returns (for both spouses)
Statements for all bank accounts, retirement accounts, and investment accounts
Mortgage statement or lease agreement
Vehicle titles
Recent credit card and loan statements
Any prior court orders affecting your family (custody orders, support orders, etc.)
Children's school and medical records (if applicable)

Having this information ready before you start your forms will make the financial affidavit faster and more accurate.

Step 3: Prepare Your Petition and Financial Affidavit

The Petition for Dissolution of Marriage formally opens your case. It tells the court who you are, that the marriage is irretrievably broken, and what you are requesting — property and debt division, parenting arrangements, support, and name restoration if applicable.

Florida is a no-fault divorce state. You do not need to prove adultery, abandonment, or any other misconduct. "Irretrievably broken" is the only grounds you need.

Both spouses must also complete a Financial Affidavit — a sworn statement of income, monthly expenses, assets, and liabilities. There are two versions:

Short form (12.902(b)) — for filers with gross income under $50,000/year
Long form (12.902(c)) — for filers at $50,000/year or above

Every number on this form is signed under penalty of perjury. It is one of the most important documents in your case — take it seriously.

Step 4: E-File via myflcourtaccess.com

Hillsborough County requires all family law documents to be filed electronically. You do not bring paper to the courthouse. Go to myflcourtaccess.com, create a free account, upload your completed forms as PDFs, and pay the filing fee by credit or debit card.

The filing fee is approximately $408–$409, depending on whether minor children are involved. This fee is paid directly to the Hillsborough County Clerk of Court — it is not included in any document preparation service.

After submission, the clerk's office reviews your documents and sends a confirmation email with your case number. You will need this case number for all future filings.

Step 5: Serve Your Spouse

After filing, your spouse must be formally served with a copy of the petition. In Hillsborough County, you have two main options:

Sheriff service — The Hillsborough County Sheriff's Office will serve your spouse for approximately $40. You will submit a process service request at the time of filing.
Notarized Waiver of Service — If your spouse is cooperative, they can sign a notarized waiver acknowledging receipt of the petition. This avoids the cost of sheriff service, starts the 20-day waiting period immediately, and is generally faster.

Step 6: Mandatory Disclosure and Settlement or Hearing

Under Florida Family Law Rule 12.285, both spouses must exchange mandatory financial disclosures within 45 days of service. This includes the financial affidavit, recent tax returns, pay stubs, and bank statements. This is not optional — failure to exchange disclosures can delay your case or result in court sanctions.

If you are uncontested, you and your spouse will sign a Marital Settlement Agreement covering all terms of the divorce. If children are involved, you will also prepare a Parenting Plan. Once the 20-day waiting period has passed and all documents are on file, the court will schedule a brief final hearing — typically 10–20 minutes for uncontested cases. The judge reviews the agreement, confirms it is complete and fair, and enters the Final Judgment of Dissolution of Marriage.

If you cannot reach full agreement, the case proceeds through mediation and, if necessary, a contested hearing before a judge.

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Uncontested vs. Contested: Which Path Are You On?

Uncontested means both spouses agree — in writing — on all of the following:

Division of real estate, vehicles, bank accounts, retirement accounts, and all other assets
Allocation of all marital debts
Whether either spouse will pay or receive alimony (even if the answer is "neither")
If children are involved: the parenting schedule, holiday rotation, decision-making authority, and child support amount

If you can check every box, you are uncontested. You can typically finalize your Hillsborough County divorce in 4–8 weeks.

Contested means at least one issue is unresolved. Hillsborough County requires mediation before any contested family law hearing. If mediation fails, the case proceeds to a judge. Timeline: 6–18 months, and costs rise significantly at every stage.

Most couples are closer to uncontested than they realize. The more issues you can resolve before filing, the faster and less expensive the entire process will be.

What a Document Preparer Does (and Does NOT Do)

A legal document preparation service:

Can do:

Prepare all required Florida Supreme Court-approved forms based on information you provide
Explain what each form is and what information goes in each section
Ensure all required fields are completed and forms are formatted correctly for e-filing
Check your complete document package for missing items before you submit
Provide notarization services for documents that require notarization

Cannot do:

Give legal advice or tell you what to ask for in your settlement
Predict how a judge will rule on any issue
Represent you in court or appear at any hearing
Make decisions about how to divide your property or structure your parenting schedule

You are your own legal representative. You file the documents yourself through myflcourtaccess.com. A document preparer's job is to make sure the paperwork is complete, accurate, and correctly formatted before it reaches the clerk.

Florida Supreme Court Approved Forms: Which Ones Do You Need?

Form Number	What It Is	When You Need It
12.901(b)(1)	Petition for Simplified Dissolution of Marriage	Both spouses agree, no minor children, no alimony
12.901(b)(2)	Petition for Dissolution of Marriage	Standard petition — with or without children
12.902(b)	Short Financial Affidavit	Gross income under $50,000/year
12.902(c)	Long Financial Affidavit	Gross income $50,000/year or above
12.902(f)(1)	Marital Settlement Agreement	No minor children
12.902(f)(2)	Marital Settlement Agreement	With minor children
12.995(a)	Parenting Plan	Required whenever minor children are involved
12.913(b)	Affidavit of Diligent Search	If your spouse's location is unknown

These are all Florida Supreme Court-approved forms accepted by the 13th Judicial Circuit. Using unofficial, outdated, or incorrectly completed forms is one of the most common reasons self-represented filers have their cases rejected or delayed.

Timeline Breakdown

Scenario	Typical Timeline
Uncontested, no minor children	4-8 weeks after filing
Uncontested, with minor children	6-10 weeks (parenting plan review adds 2-4 weeks)
Contested, mediation resolves it	4-12 months
Contested, goes to full trial	6-18 months

The mandatory 20-day waiting period is built into all of these timelines. It starts the clock after service but does not finalize anything on its own. Court scheduling and document review determine how much time is added beyond the minimum.

Cost Comparison

Option	Typical Cost
Divorce attorney (uncontested)	$5,000-$15,000+
Divorce attorney (contested)	$15,000-$50,000+
Document preparation service	$350-$500 (plus filing fees)
Total DIY (no preparer)	Filing fees only (~$408-$409) — high error risk

The court filing fee is the same regardless of which path you choose. It is paid to the clerk. The only variable is who prepares your documents. A document preparer gives you professionally prepared, correctly formatted forms at a fraction of attorney cost — and you do the filing yourself.

Hillsborough County Self-Help Center

The 13th Judicial Circuit has a Self-Help Center available for pro se litigants at the Hillsborough County Courthouse, 800 E. Twiggs St., Tampa, FL 33602. Staff can answer general procedural questions, help you understand which forms apply to your situation, and clarify court procedures.

The Self-Help Center is a valuable resource — but it does not prepare your documents for you. It also cannot give legal advice or tell you what to ask for in your settlement. Think of it as a procedural guide, not a document preparation service.

Frequently Asked Questions

Do I have to live in Hillsborough County to file there?

Yes. You must have lived in Florida for at least 6 months and in Hillsborough County for at least 3 months immediately before filing. If you recently moved to Tampa from another county, you may need to wait until the 3-month mark or file in your previous county of residence. Your spouse does not need to live in Hillsborough County — only you.

Can I file if my spouse lives out of state?

Yes. Florida has jurisdiction over your divorce as long as you meet the residency requirement — 6 months in Florida and 3 months in Hillsborough County. Your spouse's location does not affect your ability to file. They will be served by a process server in their state, or by certified mail depending on the circumstances.

What if my spouse won't sign anything?

You can still file the petition and formally serve your spouse. Once served, your spouse has 20 days to respond. If they fail to respond, you may be able to obtain a default judgment. If they respond and contest the divorce, the case proceeds through the contested path — court-ordered mediation, and potentially a hearing before a judge. A document preparer can help you prepare the initial petition for a contested case; if the case becomes complex, you may want to consult an attorney.

How long does an uncontested divorce take in Hillsborough County?

Typically 4–8 weeks from the date you file, if no minor children are involved. If you have children and need a parenting plan, add 2–4 weeks for review. The 20-day mandatory waiting period after service is included in these estimates — you cannot finalize any sooner than 20 days from service, and realistic scheduling adds time beyond that.

What does the $408-$409 filing fee cover?

It covers the Hillsborough County Clerk of Court's fee to open and process your initial petition. It does not include process server fees (approximately $40–$75 for Hillsborough County Sheriff service), document preparation fees, notary fees, or any other costs. Filing fees are paid directly to the clerk through myflcourtaccess.com at the time of filing.

Do I have to appear in court?

For a simplified dissolution (Form 12.901(b)(1) — both spouses cooperate, no minor children, no alimony): typically yes, a brief final hearing is required at which both spouses appear before the judge. For a standard uncontested divorce with a fully signed settlement agreement: the judge may be able to rule on the papers without a hearing, depending on the specific circumstances. For a contested divorce: yes — multiple hearings are almost certain, potentially including mediation sessions, motion hearings, and a final trial.

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