You can get a divorce in Florida for free by applying for civil indigent status when you file your petition. If the Clerk of the Circuit Court approves the application, the standard $397.50 filing fee is waived, along with sheriff’s service, certified copies, mediation fees, and most other court costs.1Florida Clerks. How Do I File for a Divorce2Official Internet Site of the Florida Legislature. Florida Statutes 57.081 – Proceedings In Forma Pauperis Florida is a no-fault state, so you only have to state that the marriage is irretrievably broken.
What a Florida Divorce Normally Costs
The filing fee for a dissolution of marriage is $397.50, with a $10.50 judgment fee at the end of the case.1Florida Clerks. How Do I File for a Divorce On top of that come charges for serving your spouse, certified copies of court orders, and, in some cases, mediation. Those costs are exactly what the indigent fee waiver is designed to remove.
Who Qualifies for the Fee Waiver
Florida Statute 57.082 governs civil indigent status.3Official Internet Site of the Florida Legislature. Florida Statutes 57.082 – Determination of Civil Indigent Status You qualify one of two ways.
The main income test asks whether your net income falls at or below 200 percent of the current federal poverty guidelines for your household size.4Florida Legislature. Florida Code 27.52 – Determination of Indigent Status Net income is your gross monthly earnings minus mandatory deductions like federal taxes and court-ordered child support. For a single-person household in 2026, that threshold works out to $31,920 per year, or about $2,660 per month in net income. A two-person household’s threshold is $43,280, and each additional household member adds $5,680 to the guideline.5ASPE. 2026 Poverty Guidelines Computations
You automatically qualify if you receive Temporary Assistance for Needy Families cash assistance, poverty-related veterans’ benefits, or Supplemental Security Income.4Florida Legislature. Florida Code 27.52 – Determination of Indigent Status
Assets matter too. There is a presumption you are not indigent if you own property or assets with a net equity value of $2,500 or more. Your home and one vehicle worth up to $5,000 don’t count against you.6Clerk of the Circuit Court and Comptroller, Palm Beach County. Indigent Status Cash on hand, bank balances, and other property all factor in, and the clerk looks at your monthly expenses like rent and utilities when making the call.
What the Waiver Covers and What It Doesn’t
Under Florida Statute 57.081, an approved indigent designation waives the prepayment of filing fees, the issuance of a summons, service of process by the sheriff, certified copies of orders and final judgments, mediation fees, subpoena fees, and other costs arising from the case.2Official Internet Site of the Florida Legislature. Florida Statutes 57.081 – Proceedings In Forma Pauperis That coverage handles most of what a straightforward divorce runs into.
Some costs stay yours. A private process server (used instead of the sheriff) comes out of your pocket. Newspaper publication fees for service by publication may fall outside the waiver. The mandatory parenting course for divorces with children is a third-party fee, typically $25 to $60, and is separate from court costs, though some providers offer reduced rates for low-income participants.
Simplified vs Regular Dissolution
Florida offers two paths. The simplified dissolution, filed on Form 12.901(a), is faster and involves less paperwork. Both spouses must agree the marriage is irretrievably broken, agree on how to divide all property and debts, waive any right to alimony, and have no minor or dependent children. Both spouses also have to attend the final hearing together.
If you have children, if one spouse wants alimony, or if property is disputed, you’ll use the regular Petition for Dissolution of Marriage: Form 12.901(b)(1) for cases without children, or 12.901(b)(2) for cases with children. Regular dissolution takes longer because it involves service on the other spouse and a response period, but it’s the only option when simplified doesn’t fit.
Forms You’ll File
All the forms are Florida Supreme Court Approved Family Law Forms, available for free on the Florida Courts website or at the self-help center in your county courthouse. Staff can point you to the right forms but cannot give legal advice.
Application for Determination of Civil Indigent Status
This is the form that gets you the fee waiver. File it at the same time as your petition.
Financial Affidavit
Every Florida divorce requires a Family Law Financial Affidavit, a sworn document listing income, monthly expenses, assets, and debts. There is a short form (12.902(b)) for lower-income filers and a long form (12.902(c)) for higher earners. The affidavit distinguishes marital property from non-marital property, and only marital property is subject to division.
Residency Proof and Social Security Notice
At least one spouse must have lived in Florida for six months before filing.7Official Internet Site of the Florida Legislature. Florida Statutes 61.021 – Residence Requirements A Florida driver’s license, voter registration card, or a witness who can testify to your residency all work. You’ll also file a Notice of Social Security Number, which stays confidential and out of the public record.
Children-Related Forms
If you have minor children, add a Uniform Child Custody Jurisdiction and Enforcement Act (UCCJEA) Affidavit showing where the children have lived for the past five years, along with a parenting plan.
Filing and Getting the Waiver Decision
File everything together: the petition, the financial affidavit, the Application for Determination of Civil Indigent Status, and any children-related forms. Florida requires electronic filing through the statewide e-filing portal. First-time users create a free account and select “Self-Represented Litigant” as the filer role. If you don’t have reliable internet, most courthouse self-help centers have computers you can use.
The clerk usually notifies you of the indigent decision within one to two business days. If approved, the clerk processes your petition and issues a summons without payment. If denied, you can request a hearing before a judge, which is worth doing when the numbers were borderline.
Serving Your Spouse Without Paying
Filing is only half the process. Your spouse must receive formal notice, and you cannot hand-deliver the papers yourself.
The cheapest option, when it works, is a voluntary acceptance of service signed by your spouse. No sheriff or process server is needed.
If personal service is required, the county sheriff can deliver the petition and summons, and that fee is covered under an approved indigent waiver.2Official Internet Site of the Florida Legislature. Florida Statutes 57.081 – Proceedings In Forma Pauperis A private process server tends to be faster but costs money you’ll pay yourself.
When you genuinely can’t find your spouse, Florida allows constructive service by publication. You file a sworn statement showing a diligent search, then publish the notice once a week for four consecutive weeks in a newspaper in the county where you filed.8Official Internet Site of the Florida Legislature. Florida Statutes Chapter 49 – Constructive Service of Process Publication costs are generally not covered by the waiver. There is also an important limit: service by publication does not give the court authority to award alimony or divide property. It only allows the court to dissolve the marriage itself.
If You Have Minor Children
Florida law requires both parents to complete a Parent Education and Family Stabilization Course before the court will enter a final judgment.9Official Internet Site of the Florida Legislature. Florida Statutes 61.21 – Parenting Course The course runs at least four hours and covers how separation affects children, conflict resolution, and co-parenting.1012th Judicial Circuit Court. Parenting Education Course Providers Online options approved by the Florida Department of Children and Families generally charge $25 to $60. Ask providers about reduced rates if the fee is a strain, because this cost is not part of the court fee waiver. You’ll receive a certificate to file with the court.
The court must also approve a parenting plan describing how parents share daily responsibilities, the specific time-sharing schedule, which parent handles health care and school decisions, and how each parent communicates with the child during the other parent’s time. Florida law creates a rebuttable presumption that equal time-sharing is in the child’s best interests, so the starting point is 50/50 unless a parent shows why that wouldn’t work.11Florida Senate. Florida Statutes 61.13 – Support of Children; Parenting and Time-Sharing When both parents agree, the court usually approves the plan without much scrutiny. When they don’t, the judge decides.
The Waiting Period and Final Hearing
Florida requires a minimum 20-day wait between filing your petition and the court entering final judgment.12Official Internet Site of the Florida Legislature. Florida Statutes 61.19 – Entry of Judgment of Dissolution of Marriage, Delay Period Most cases take longer. Your spouse has 20 days after service to file a response, and hearings have to fit the court’s calendar. Uncontested cases sometimes wrap up in 30 to 45 days; contested cases take months.
At the final hearing, the judge confirms residency, that the marriage is irretrievably broken, and that any agreements on property, support, and parenting are fair.13Official Internet Site of the Florida Legislature. Florida Statutes 61.052 – Dissolution of Marriage For a simplified dissolution, both spouses attend together and it’s usually brief. For regular dissolution, the petitioner must appear and may testify about residency, the breakdown of the marriage, and the proposed arrangements. Bring your marriage certificate and any documents the court has asked for. Once the judge signs the final judgment, the marriage is dissolved; get a certified copy for name changes, insurance updates, and refinancing.
Free Legal Help for Complicated Cases
Doing your own divorce is workable when the case is straightforward. Contested custody, hidden assets, or domestic violence change the picture, and free help exists.
Legal aid organizations across Florida provide free representation in civil matters, including family law, to low-income residents. Bay Area Legal Services, the Legal Aid Society of the Orange County Bar Association, and the Dade County Legal Aid Society all handle divorce and custody cases in their service areas.14The Florida Bar. Consumer Pamphlet: Legal Aid in Florida Eligibility varies, but most providers target incomes near the indigent-status thresholds. Contact your local provider directly, because demand often exceeds capacity.
The Florida Bar also coordinates pro bono programs where private attorneys volunteer time at no charge. Some lawyers offer limited-scope representation, taking on one piece of your case (reviewing a parenting plan, preparing you for the final hearing) while you handle the rest. County courthouse self-help centers can help you find and understand the forms, though they stop short of giving legal advice.