How to File for a Quick Florida Divorce

Filing for a quick divorce in Florida takes some preparation.

In Florida, a married couple that wants to end their marriage can get a divorce in about 30 days. Florida has a process called Simplified Dissolution of Marriage that people who are in agreement regarding all of their marital issues---such as child support, custody and division of property and debt---can use to get a quick divorce. One of the parties must have lived in the state for at least six months before filing, and both parties must agree that the marriage is beyond repair and cannot be saved.

Difficulty:

Moderately Challenging

Instructions

Things You'll Need

• Proof of residence
• Notice of Social Security Number form
• Petition for simplified dissolution of marriage
• Family law financial affidavit
• Marital settlement agreement
• Final judgment for simplified dissolution of judgment
• Filing fee

Filing a Fast Florida Divorce

1. Prepare the Petition for Simplified Dissolution of Marriage that is provided at the Florida state court's self-help website. The paperwork should reflect the name of the circuit county court where the case will be filed. This must be a county where one of the parties lives. Make a copy of the document for your own files.

2. File the original petition for Simplified Dissolution of Marriage in the proper county by taking it to the clerk's office, asking to open a divorce case and paying the filing fee. Both parties will have to sign this document in front of the clerk, but they do not have to go to the courthouse at the same time to do so.

3. Each party must prepare, sign and file an Individual Financial Affidavit and an Individual Notice of Social Security Number form with the clerk of circuit court where the original petition was filed. There is no additional fee to file these documents after the initial filing fee has been paid.

4. Prepare a Marital Settlement Agreement. This document must be signed by both parties in front of a notary public before being filed with the clerk of the circuit court. It tells the court details of the agreements that the husband and wife have made regarding marital issues.

5. Proof must be made to the court that the husband and/or the wife have lived in Florida for at least six months before filing of the petition for dissolution. Proof that will be accepted under Florida law includes a valid state driver's license or identification, testimony of another person at the final hearing or by filing an affidavit of corroborating witness that has been signed in front of a notary public.

6. About 20 days after filing the initial petition, call the clerk of the circuit court and ask to schedule a date and time for a hearing with a judge to finalize your simplified divorce. Both parties must attend this final hearing.

7. Bring a copy of the Final Judgment for Simplified Dissolution of Marriage with you to the hearing. If all of your paperwork is in order, you can ask the judge to sign it. The judge may have a few simple questions for you based on the information presented in the legal documents that have been filed. Answer the questions honestly.

Tips & Warnings

• Filing fees vary from county to county in Florida, so call the circuit clerk's office in the county where you will be filing to find out how much it will cost and what forms of payment they accept.

• If a nonlawyer helps you fill out any of these forms, they will need to present you with a Disclosure from Non Lawyer, which must be filed with your case.

• If a case involves children, certain other forms may be required, but the divorce can be finalized just as quickly as long as the parties are in agreement.

• By filing a Simplified Dissolution of Divorce, you give up your rights to a trial or an appeal.

• If you fail to complete any part of the procedure, your case could be dismissed.

• If you need help, consult with a licensed Florida divorce attorney.

References

• Florida State Courts Self-Help: Family Forms

Resources

• Florida Simple Divorce: The Facts