Wondering how to file for divorce in Florida? You’re not alone—and you don’t have to go through it blindly. Whether things are amicable or tense, knowing what to expect can make the process a lot less overwhelming. As a family law attorney based in Clearwater, I’ve helped many clients through it. Here’s your step-by-step guide.
✅ Step 1: Are You Eligible to File for Divorce in Florida?
To file for divorce in Florida, at least one spouse must have lived in the state for at least six months before filing. You’ll also need to file in the county where either spouse lives.
💡 Example: If you live in Clearwater, you’d typically file in Pinellas County.
👉 For more details, check out the Pinellas County Clerk of Court.
✅ Step 2: Decide If It’s Contested or Uncontested
There are two main types of divorce in Florida:
- Uncontested Divorce: Both spouses agree on all major issues (property, custody, support).
- Contested Divorce: You disagree on one or more issues, and the court will need to decide.
Uncontested divorces are usually faster, cheaper, and less stressful—but they still require legal documents and court approval.
Florida law outlines the grounds and process for both contested and uncontested divorces.
👉 You can read the official statutes on Florida’s legislative website.
✅ Step 3: Complete and File the Petition
The process officially starts when one spouse (the “Petitioner”) files a document called the Petition for Dissolution of Marriage with the county clerk. This is the legal first step in how to file for divorce in Florida.
You’ll also need to file:
- A Civil Cover Sheet
- Summons (if your spouse needs to be served)
- Financial Affidavit
- UCCJEA affidavit (if children are involved)
👉 You can find these forms on the Florida Courts website.
✅ Step 4: Serve Your Spouse (If Necessary)
If you’re the one filing, your spouse (the “Respondent”) must be formally served with the divorce papers unless they’ve already signed a waiver. This is usually done by a sheriff’s deputy or private process server.
They then have 20 days to file an answer with the court.
✅ Step 5: Exchange Financial Disclosures
Florida requires mandatory financial disclosure unless both spouses agree to waive it (in an uncontested divorce).
This means each party must provide:
- Tax returns
- Pay stubs
- Bank statements
- Debts and assets
Transparency is required so the court can make fair decisions on things like property division, alimony, and child support.
✅ Step 6: Resolve Any Disputes (Mediation or Trial)
If you and your spouse can’t agree on all the terms, the court will likely require mediation before trial.
If mediation fails, your case will move forward to a final hearing or trial, where a judge will make the final decisions.
✅ Step 7: Final Judgment
Once all issues are resolved, the judge will sign a Final Judgment of Dissolution of Marriage. At that point, you’re legally divorced.
If you have children, the final judgment will also include:
- Parenting plan
- Time-sharing schedule
- Child support orders
⚖️ Do You Need a Lawyer to File for Divorce in Florida?
Technically, no—you can file on your own. But divorce is more than just paperwork. It affects your finances, parental rights, and long-term stability. A small mistake now can create big headaches later.
Hiring a family law attorney ensures:
- Your rights are protected
- The paperwork is done correctly
- You’re not being taken advantage of in the process
📞 Need Help Filing for Divorce in Clearwater or Pinellas County?
At Lipinski Law Firm, we help clients across Florida navigate divorce with clarity, confidence, and compassion. Whether you’re looking for a peaceful resolution or need someone to fight for you, we’re here to help. If you have questions about how to file for divorce in Florida, we’ll walk you through it step by step.
👉 Call us at (727) 643-8964
👉 Or visit joeltheattorneysblog.com to schedule a consultation.
