How to File for Divorce in Florida Without an Attorney

Pro Se is a Latin term that means “for oneself” or “on one’s own behalf.” In the context of law, pro se refers to an individual who represents themselves in a court of law without the assistance of a licensed attorney.
Many people aren’t aware they can file for divorce without using an attorney. Although you can try to do this all by yourself, it is recommended you have some assistance.
As a certified family law mediator, Miller Mediation can assist you in the process of preparing and filing all your required forms with the court without the need of an attorney.
If you prefer, once your documents are prepared through mediaton, you could have an attorney review all your documents prior to filing for a general review. This would give you additional assurance and save you lots of money not paying a lawywer to prepare the documents also.
Miller Mediation represents both parties equally assisting you both in getting the settlement you want. With mediation you pay one mediator, not two lawyers, again saving time, money, and stress.
Filing for divorce in Florida without an attorney is possible, particularly in straightforward cases with no significant disagreements between spouses. However, it’s crucial to understand the complexities involved and the potential risks before proceeding. This is not recommended for complex cases involving significant assets, child custody disputes, or high-conflict situations.
Here’s a general outline of the process:
Determine Eligibility for Simplified Dissolution:
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- No minor children: If you have minor children, simplified dissolution is not an option.
- No unresolved financial issues: All debts and assets must be agreed upon and detailed in the agreement.
- No pending pregnancies: Pregnancy necessitates a more complex process.
- Agreement on all terms: Both parties must fully agree to the terms of the divorce.
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If eligible for Simplified Dissolution:
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- Obtain Necessary Forms: The Florida court clerk’s office website provides forms for simplified dissolution. You will need a Petition for Dissolution of Marriage, a Marital Settlement Agreement, and possibly other supporting documents.
- Complete and File Forms: Accurately complete all forms and file them with the appropriate court in the county where you or your spouse has resided for at least six months.
- Pay Filing Fees: Pay the required court fees.
- Serve Your Spouse: Properly serve your spouse with a copy of the filed documents according to Florida law. Failure to do so correctly can jeopardize the process.
- Attend Hearing: Both parties must appear in court for a final hearing. The judge will review the paperwork and, if everything is in order, approve the dissolution.
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If NOT eligible for Simplified Dissolution (Regular Dissolution):
This is significantly more complex. While you can represent yourself, it’s strongly discouraged unless you have a very basic understanding of family law and court procedure.
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- Obtain Necessary Forms: The court clerk’s office will have forms for a Petition for Dissolution of Marriage and other relevant documents (financial affidavits, etc.). These are often more extensive than the simplified forms.
- Complete and File Forms: Complete all forms accurately. Errors can significantly delay the process.
- Serve Your Spouse: Proper service is critical. Incorrect service can invalidate the entire process.
- Discovery Process: Be prepared for a discovery process, where you’ll exchange financial and other information with your spouse. This can be challenging without legal assistance.
- Mediation (Often Required): A mediator may be assigned to help resolve issues before going to trial.
- Negotiation or Litigation: You will either negotiate a settlement with your spouse or proceed to trial, where you will represent yourself before a judge. This requires a solid understanding of family law and court procedures.
- Prepare for Trial (if necessary): If you go to trial, you will need to present your case effectively, which includes presenting evidence, and questioning witnesses.
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Schedule A Free Consult to Get Started
Helping spouses and families safely navigate divorce in Florida.
813-551-2883
kevin@millermediations.com