My spouse and I wish to pursue an amicable divorce without the assistance of an attorney. What steps should we take to achieve this?
If both you and your husband concur on the terms of the divorce, it is generally possible to pursue an uncontested divorce in Florida without the need for attorneys. In Florida, the most straightforward version is referred to as a “Simplified Dissolution of Marriage.” (Bay Area Legal Services)
Here is the fundamental process:
You may be eligible for a simplified divorce if:
You both agree that the marriage has ended
You do not have any minor children together
There is no pregnancy involved
Neither party seeks alimony or spousal support
You have already reached an agreement on the division of property and debts
At least one of you has resided in Florida for a minimum of six months
You are both prepared to sign together and attend the final hearing together (LegalClarity)
Step-by-step
Obtain the Florida family law forms
The primary forms you will need include:
Petition for Simplified Dissolution of Marriage (Form 12.901(a))
Marital Settlement Agreement
Financial affidavit or waiver forms
Florida courts offer free self-help forms online. (Bay Area Legal Services)
Complete the paperwork together
Ensure to include:
How assets and debts are divided
Who retains what
Any bank accounts, vehicles, houses, retirement accounts, etc.
Sign and notarize the forms
Certain forms must be notarized prior to filing. (Pinellas County Clerk)
File with your county circuit court
You should file in the county where either spouse resides.
Filing fees typically range in the hundreds of dollars, although fee waivers may be available if financial circumstances are challenging.
Attend the final hearing
In numerous Florida counties, both spouses are required to attend a brief hearing together. Some counties may conclude the process without a formal hearing in very straightforward cases. (LegalClarity)
Receive the final judgment
Once the judge has signed, the marriage is legally dissolved.
If you have children or require alimony
It is still possible to pursue an uncontested divorce without the assistance of attorneys; however, this process is referred to as a "regular uncontested dissolution," which necessitates additional paperwork such as:
Parenting plan
Child support calculations
Financial disclosures
A crucial warning
Even in amicable divorces, it is advisable to thoroughly examine:
Retirement accounts
House ownership/refinancing
Debts
Taxes
Some couples opt to pay for a single consultation with a family lawyer or mediator to review their agreement prior to filing, which is significantly less expensive than full legal representation. Users on Reddit who have self-filed in Florida frequently mentioned that while the paperwork was manageable, it was also quite detailed.
Additionally, you may utilize your county clerk’s self-help center if you seek assistance in completing forms without the need to hire an attorney.