DIY Florida Divorce

You can complete your own divorce if you can't afford an attorney.

Doing your own divorce, can save you money. If you live in Florida and you want to do your own divorce, there are resources you can use to get the information and forms you need. If you and your spouse can reach an agreement on marital, custody and property matters, you can complete your uncontested divorce without an attorney.

Instructions

1. Make a copy of your drivers licenses for your divorce packet. One spouse must have resided in Florida for at least six months to obtain a Florida divorce.

2. Search for a Self-Help Center in the county where you live. Visit the Florida State Courts to find links to each local center. Clerks at these free centers can help answer questions about preparing the forms or court procedure, but can't give you legal advice.

3. Visit the Florida State Court website, click on "Family Law Forms" and read the "General Information for Self-represented Litigants" at the top of the forms section. This document explains the procedure you must follow and how the entire process works. If you can't prepare forms online, visit the local county clerk's office and request a package of forms for a Florida divorce.

4. Prepare a Petition for Simple Dissolution of Marriage. The form is in the Family Court Forms section. This is for a simple, uncontested divorce where both spouses have reached an agreement, and they have no children together. If you have children, prepare the Petition for Simple Dissolution of Marriage with Dependent or Minor Children.

5. Complete the Financial Affidavit forms for each spouse's monthly income and expenses. Make extra copies.

6. Fill out the Uniform Child Custody and Enforcement Affidavit and review the Child Support Guidelines Worksheet if you have children.

7. Prepare the Marital Settlement Agreement for Simplified Dissolution of Marriage. Use the Marital Settlement Agreement for Dissolution of Marriage with Dependent or Minor Children if you have children. You and your spouse must reach agreement on all issues such as dividing marital assets, property, debts, custody and visitation.

8. Fill out the Notice of Social Security forms for each spouse.

9. Make extra copies of your forms and bring the originals to the Clerk of Court to file your divorce case. You can either sign them in front of a notary before you go to the clerk's office or ask a clerk to notarize them when you file. Pay the filing fee, which varies according to county. Ask for a copy of the Petition with your case number on it for future reference.

10. Prepare a general Notice of Hearing and a Final Judgment of Dissolution of Marriage. Use the appropriate judgment form depending on whether you have children or not. Make extra copies of the judgment form. File the Notice of Hearing and a copy of the Final Judgment of Dissolution of Marriage in the county clerk's office. Ask the family law clerk for the phone number to call and request a hearing and where to send a copy of the proposed judgment to the family law judge.

11. Attend the hearing. Bring your drivers licenses, an extra copy of your divorce papers and the proposed judgment. If all of the forms haves been completed correctly, the judge will sign your divorce judgment.

Tips & Warnings

• Seek professional counsel if you have a serious custody or child support battle, you have significant assets, or are requesting alimony.

References

• Florida State Courts: Family Forms
• Florida State Courts: Family Forms: General Information for Self-Representing Litigants

Resources

• Florida State Courts: Self-Help
• Florida State Courts: Self-Help Centers