Can You File for Divorce Online in Florida: Simplified vs. Regular

Yes, you can file for divorce online in Florida. Every dissolution of marriage case, whether simplified or contested, goes through the state’s e-filing portal at myflcourtaccess.com, and Florida offers a free guided tool called DIY Florida that prepares your forms before you upload them. The standard filing fee is $409, plus a small electronic payment surcharge. The process is smoothest for couples who agree on everything and have no children together, but the portal handles contested cases too.

Figure Out Which Track You File Under

Florida has two paths to end a marriage, and the one you qualify for determines which forms you upload.

A simplified dissolution is faster and cheaper. Both spouses sign a single joint petition, skip formal service of process, and attend one short hearing together. A regular dissolution covers everyone else: cases with minor children, disagreements over property or debt, or any request for alimony.

Florida is a no-fault state. Neither spouse has to prove wrongdoing. The only ground is that the marriage is irretrievably broken.1Florida Legislature. Florida Statutes 61.052 – Dissolution of Marriage

Who Qualifies for a Simplified Dissolution

You can only use the simplified track if every one of the following is true. Miss one and you file a regular dissolution instead.

  • You have no minor or dependent children together, no children were born during the marriage, and the wife is not currently pregnant.
  • You have already agreed on how to divide everything you own and owe, or there is nothing to divide.
  • Neither spouse is asking the other for alimony.
  • Both of you agree the marriage cannot be saved.
  • At least one spouse has lived in Florida for the past six months.
  • Both of you are willing to appear together at the final hearing.

These requirements come from the instructions for Florida Family Law Form 12.901(a), the joint petition for simplified dissolution.2Florida Courts. Instructions for Florida Family Law Rules of Procedure Form 12.901(a) Joint Petition for Simplified Dissolution of Marriage One minor child, or one spouse who wants support, closes this door.

Forms You’ll Need for a Simplified Dissolution

Before you touch the portal, gather both spouses’ full legal names, addresses, dates of birth, Social Security numbers, and the date and place of the marriage. The forms:

  • Joint Petition for Simplified Dissolution of Marriage (Form 12.901(a)) — the main document that opens the case.
  • Marital Settlement Agreement (Form 12.902(f)(3)) — how you’re splitting assets and debts. If you have nothing to divide, you can state that orally at the hearing, though writing it down is cleaner.
  • Financial Affidavit — short form (12.902(b)) if your gross annual income is under $50,000, long form (12.902(c)) if it’s $50,000 or more. Both spouses can instead sign a joint waiver (Form 12.902(k)).
  • Family Court Cover Sheet (Form 12.928) — administrative.
  • Affidavit of Corroborating Witness (Form 12.902(i)) — someone confirms under oath that one spouse has met the six-month residency requirement.

All forms are free on the Florida Courts website, and each one comes with its own instruction packet.3Florida Courts. Joint Petition for Simplified Dissolution of Marriage Read the instructions carefully. Form errors are the single most common reason filings get rejected.

How to File Through the E-Filing Portal

Florida handles electronic court filings at myflcourtaccess.com. First-time users create an account and select “Self-Represented Litigant” as the filer role during registration.4Florida Courts Help. Filing Your Forms You upload completed, signed, and notarized documents as PDFs and pay the filing fee electronically.

DIY Florida: The Free Guided Tool

If filling out court forms from scratch feels like guesswork, use DIY Florida. From inside the e-filing portal, select “I want to complete an interview to generate a DIY Document,” pick the dissolution interview that matches your situation, and answer the questions. The tool produces your documents in the format the court expects, and you can file them electronically, in person, or by mail.5Florida Courts. DIY Florida

Getting Documents Notarized

Several forms require notarization before filing. You can see a notary in person, or use remote online notarization (RON), where a Florida-commissioned notary verifies your ID and watches you sign over live video. The notary must be physically in Florida during the session. Most circuit courts accept RON documents for family law cases, but if you want to be certain, confirm with the clerk in the county where you’re filing.

What It Costs

The filing fee for a Florida dissolution is $409.6Broward County Clerk of Courts. Fees and Costs Paying through the portal adds a convenience fee: 3.5% for credit card payments, or a flat $5 for electronic check.7Florida Courts E-Filing Authority. Frequently Asked Questions That works out to roughly $423 by card or $414 by electronic check.

If you can’t afford the fee, apply for civil indigent status under Florida Statute 57.082. If approved, the court waives the filing fee but enrolls you in a payment plan and charges a one-time administrative fee.8Florida Legislature. Florida Statutes 57.082 – Determination of Civil Indigent Status Set aside a little more for certified copies of the final judgment, which you’ll want for updating your ID and financial accounts.

After You File: The Final Hearing

Once the clerk accepts the petition, the court schedules a final hearing. Both spouses must attend together. The judge confirms you meet the eligibility rules, agree the marriage is irretrievably broken, and accept any settlement terms. Hearings are typically under 15 minutes.2Florida Courts. Instructions for Florida Family Law Rules of Procedure Form 12.901(a) Joint Petition for Simplified Dissolution of Marriage

In some counties you bring a completed Final Judgment of Simplified Dissolution of Marriage (Form 12.990(a)) to the hearing; in others the court prepares it. Call your local clerk’s office before the hearing date so you don’t make an extra trip. Once the judge signs, the marriage is dissolved.

One trade-off most people miss: a simplified dissolution cannot be appealed. Both spouses waive the right to a trial and the right to challenge the outcome later. If you have any doubt about the property split, the regular process preserves more protection.

If You Don’t Qualify: Filing a Regular Dissolution Online

Children, disagreement over property, or a request for alimony pushes you into a regular dissolution. The same e-filing portal handles it, and DIY Florida has an interview for this track too.9Florida State Courts System. Dissolution of Marriage One spouse (the petitioner) files; the other (the respondent) gets served.

Serving Your Spouse

You can’t file jointly here. The petition has to be delivered one of three ways:

  • Personal service: a sheriff’s deputy or certified private process server hands the papers to your spouse. This is the default when your spouse is in Florida and you know where.
  • Long arm service: if your marital home was in Florida but your spouse now lives out of state, a process server where they live delivers the papers.
  • Constructive service by publication: if you can’t locate your spouse after a diligent search, or your spouse never lived in Florida, the court lets you publish a notice in a local newspaper. This is a last resort, and a judge usually won’t divide property or award alimony based on published notice alone.

Mandatory Financial Disclosures

Both spouses have to exchange detailed financial records under Florida Family Law Rule 12.285. Neither side can skip this. You’ll exchange financial affidavits, three years of tax returns, recent pay stubs, bank and brokerage statements, loan applications, deeds, and retirement account statements.10Florida Courts. Rule 12.285 Mandatory Disclosure The affidavit threshold is the same as in simplified cases: short form under $50,000 gross annual income, long form at or above. Start pulling records the moment you decide to file.

Parenting Course if You Have Minor Children

Florida requires both parents to complete an approved Parent Education and Family Stabilization Course before the court will enter a final judgment. The petitioner has 45 days from filing; the respondent has 45 days from being served.11Florida Legislature. Florida Statutes 61.21 – Parenting Course If your children have special needs, you pick a course designed for that. Missing the deadline can lead to contempt or lost parenting time.

Financial Loose Ends to Settle Before You Sign

Filing is procedural. The financial pieces below are where people filing without a lawyer lose real money.

Dividing Retirement Accounts

A divorce decree alone will not divide a 401(k) or pension. You need a Qualified Domestic Relations Order, a separate court order the plan administrator has to approve before any funds move. Without a valid QDRO, the plan pays benefits according to its own documents, no matter what your divorce agreement says.12U.S. Department of Labor. Qualified Domestic Relations Orders Under ERISA – A Practical Guide to Dividing Retirement Benefits People finalize the divorce, assume the retirement split is handled, and discover years later that no QDRO was ever submitted. Get it drafted and sent to the plan administrator as close to the divorce as possible.

Health Insurance and COBRA

If one spouse is on the other’s employer plan, divorce is a qualifying event for COBRA continuation coverage of up to 36 months. The plan administrator has to be notified within 60 days of the divorce.13U.S. Department of Labor. FAQs on COBRA Continuation Health Coverage for Workers Miss that window and the right to COBRA is gone. COBRA premiums run the full plan cost plus a 2% administrative fee, so price out individual coverage before you finalize.

Tax Filing Status

Your marital status on December 31 sets your filing status for the whole year. If the divorce is final by then, you file as single unless you qualify for head of household, which requires paying more than half the cost of your home and having a dependent child live there more than half the year.14Internal Revenue Service. Filing Taxes After Divorce or Separation The custodial parent claims the child tax credit by default; a signed written declaration can transfer that credit and the dependency exemption to the noncustodial parent, but head of household, the dependent care credit, and the Earned Income Tax Credit stay with the custodial parent regardless.15Internal Revenue Service. Divorced and Separated Parents

Alimony Is No Longer Deductible

For any divorce agreement executed after December 31, 2018, alimony is not deductible for the payer and not taxable to the recipient.16Internal Revenue Service. Divorce or Separation May Have an Effect on Taxes Factor that into any support figure you negotiate — the paying spouse carries the full tax weight of the income used to pay.

The 10-Year Social Security Rule

If your marriage lasted at least 10 years, you may be able to collect Social Security on your ex-spouse’s record, and claiming on their record does not reduce their benefits.17Social Security Administration. More Info – If You Had a Prior Marriage If you’re close to that 10-year mark and considering a simplified dissolution to move things along, running out the clock a few extra months can be worth tens of thousands in lifetime benefits.