How to File for a Florida Divorce Without an Attorney

Divorce can be emotionally draining, complicated, and expensive. Many people see cost as one of the primary reasons for staying married or delaying their divorce. For those concerned about cost or who just do not want to deal with a lawyer, it is possible to divorce your spouse in Florida without the support of a lawyer. Attorneys can bring immense value to your divorce, but hiring an Orlando divorce attorney is not the only way to complete a divorce on your terms.

Simplified Options for a Florida Divorce

Florida offers two options for simplified divorces that may allow you to navigate the process without an attorney successfully. These include an uncontested divorce, where both parties agree to every component of the divorce. The couple files the paperwork and goes before the judge for finalization. 

The often lesser-known option is a simplified dissolution of marriage. This is similar to an uncontested divorce but with a few requirements:

  • Both parties must agree that the marriage is irretrievably broken
  • Each person must completely agree 
  • The couple may not have minor or dependent adult children 
  • Neither spouse can be pregnant
  • Neither party can request alimony
  • At least one party must have been a Florida resident for at least six months
  • You must waive the right to appeal or trial

This option is often most appropriate for couples who do not have significant assets or property to complicate the situation. 

Paperwork for a Florida Simplified Dissolution of Marriage

One of the benefits of an attorney is that they handle the paperwork for you. However, you can find the required divorce paperwork through the Florida Courts page self-help center. The Orange County Family Court page also provides resources to purchase the entire packet necessary to complete your divorce. You may also find the individual forms through the Florida Courts page. Some of the documents include:

  • Petition for simplified dissolution of marriage 
  • Party information for you and your soon-to-be ex-spouse
  • Family Court Cases Cover Sheet 
  • Marital Settlement Agreement 
  • Notice of Social Security 
  • Notice of Related Cases
  • Corroborating Witness Affidavit
  • Family Law Financial Affidavit
  • Designation of your current e-mail and mailing address

 

When you and your spouse complete the paperwork, you may submit it to the clerk at the courthouse. Then, you will go to a hearing before a judge, who will notify you of any missing paperwork. Assuming both parties agree on property and asset division, your divorce can be finalized in about 30 days. The filing fee for a divorce in Orange County is $408.00.

When Children Are Involved

If you have children involved, you will not qualify for a simplified dissolution of marriage, but you may still benefit from working through the paperwork of an uncontested divorce if you and your spouse agree on all matters of custody or child support. You can still find the necessary paperwork on the Florida courts’ website. Tensions can run high when children are involved, and you may benefit from mediation during negotiations to ensure you have insight from a neutral party. 

You May or May Not Need an Attorney

Managing divorce can come with unforeseen challenges. You may start the process thinking it will be simple, only to face pushback or disagreements. It is important to know that even if you have begun an uncontested or simplified divorce process, you can contact an attorney for guidance or representation at any point in the process. An attorney can bring you peace of mind and walk you through the divorce process as you begin this next step in your life.

Contact Our Divorce Law Firm in Orlando, FL

Contact the experienced Orlando divorce lawyers at McMichen, Cinami & Demps today for legal assistance. Contact our Orlando, FL office at (407) 898-2161 to schedule a free consultation.

McMichen, Cinami & Demps – Orlando Office
1500 E Concord St
Orlando, FL 32803