Florida divorce forms: the paperwork you need

What are the Florida family law forms?

The Florida Supreme Court approves a set of Florida family law forms that anyone can use to file a divorce, custody, child support or paternity case. They are numbered in the 12.900 series of the Family Law Rules (for example, Form 12.901(b)(1) is a divorce petition with children). Courts in every county accept them, and they come with instructions.

These family court forms are free to download. What they don't tell you is which ones apply to your case, how to fill them out correctly or what to do when your spouse doesn't cooperate. This guide covers the divorce paperwork in Florida step by step.

Which divorce forms you need in Florida

The right Florida divorce form depends on two questions: do you have minor children, and do you both agree?

The full list of Florida divorce documents

Besides the petition, most cases need these state of Florida divorce documents:

• Cover Sheet for Family Court Cases (Form 12.928)
• Notice of Social Security Number (Form 12.902(j))
• Family Law Financial Affidavit: Short Form 12.902(b) if your income is under $50,000 a year, Long Form 12.902(c) if it is $50,000 or more
• Certificate of Compliance with Mandatory Disclosure (Form 12.932), with your tax returns, pay stubs and bank statements
• Marital Settlement Agreement if you agree: 12.902(f)(1) with children, 12.902(f)(2) with property but no children, 12.902(f)(3) for a simplified dissolution

If you have minor children, add:

• UCCJEA Affidavit (Form 12.902(d)), which lists where the children have lived for the last five years
• Child Support Guidelines Worksheet (Form 12.902(e))
• Parenting Plan (Form 12.995(a)), or a supervised or relocation parenting plan if that applies
• The certificate from the parenting course both parents must take

To serve your spouse: a Summons (Form 12.910(a)) for personal service, or, if you can't find your spouse, an Affidavit of Diligent Search (12.913(b)) and a Notice of Action (12.913(a)). Your spouse answers with Form 12.903(a), or 12.903(b) with a counterpetition.

To finish: a proposed Final Judgment of Dissolution of Marriage from the 12.990 series, matching your type of case.

Florida divorce agreement forms

If you and your spouse agree on everything, the key document is the Marital Settlement Agreement. It covers how you divide property and debts, alimony (or a waiver of it), and, with children, the parenting plan and child support. The Florida divorce agreement forms are fill-in-the-blank, but the wording you choose decides what happens to your house, your retirement and your children's schedule. It is the one document most worth having a lawyer review.

See our page on uncontested divorce to learn how agreed cases work.

Where to get the forms

• Florida Courts website. The Florida Supreme Court publishes every approved family law form with instructions.
• Your county clerk. Clerks in Orange, Osceola, Seminole and other counties have self-help centers that sell form packets and can tell you which ones are required locally. They cannot give legal advice.
• A lawyer. We prepare all the forms for you and file them.

Avoid websites that charge for "Florida divorce paperwork online" without telling you who prepares it. Only a Florida lawyer can advise you on which forms and choices fit your case.

Can you get a divorce online in Florida?

Partly. You can file the paperwork online through the Florida Courts E-Filing Portal, and many courts hold the final hearing by video. But there is no fully online divorce in Florida: the case is still filed with your county's circuit court, a judge still signs the final judgment, and you must meet every requirement, including six months of Florida residency.

How to get a divorce in Florida online, in practice:

1. Download and complete the forms for your situation.
2. Create an account on the Florida Courts E-Filing Portal and file the petition and documents.
3. Pay the filing fee (about $400 in most counties) or ask for a fee waiver if you can't afford it.
4. Serve your spouse, or have them sign an answer or waiver.
5. Exchange financial disclosure and file the certificate.
6. Ask the clerk or the judge's office for a final hearing date and attend, in person or by video as the court allows.

An online divorce in FL works best when both spouses agree and there are no children. With children, a house or retirement accounts, mistakes in the forms are common and costly.

How to get a divorce in Florida without a lawyer

You have the right to represent yourself. A Florida divorce without an attorney can work if:

• you have no minor children,
• you have little property and no retirement accounts to divide,
• neither of you is asking for alimony, and
• you both agree and will both sign.

It becomes risky when there are children, a home, a pension or a business, when one spouse is not cooperating, or when either of you has an immigration case that depends on the marriage. Clerks cannot give legal advice, and a judge cannot fix an unfair agreement you already signed.

A middle option: we can review the forms you prepared or prepare them for a flat fee. A simplified divorce costs $1,500 and an uncontested divorce without children $2,500.

Common mistakes with Florida divorce paperwork

• Using the wrong petition for your situation (for example, simplified when there are children).
• Using the short financial affidavit when your income requires the long form.
• Missing the mandatory disclosure deadline (45 days after service).
• Forgetting the UCCJEA affidavit or parenting course certificate.
• A settlement agreement that doesn't say what happens to retirement accounts, which may need a separate order (QDRO).
• Not asking to restore a former last name in the petition.

For a full overview of the law, read our Florida divorce guide.

Frequently asked questions