Find Legal Topics > Divorce Laws > No Fault Divorce Florida

No Fault Divorce Florida



What is a No Fault Divorce Florida?

A no fault divorce in the state of Florida is the easiest process for ending a marriage. A no fault divorce Florida can be executed in a painless and cost-efficient manner, only if the following conditions are achieved:

• You and your spouse do not have any dependent or minor children

• Both you and your spouse agree to the divorce filing

• Both you and your spouse agree on the issues of the filing, including the division of debts and assets and all issues pertaining to spousal support. 


Eligibility for Florida No Fault Divorce:

To receive a no fault divorce in the state of Florida, you must meet the following eligibility requirements:

• The spouse who files for a divorce must be a resident of the state for a minimum of 6 months before the date the divorce papers are formally filed. 

• The location for filing the divorce papers is the county where you and your spouse have lived the majority of your marital life. You may also pursuit a no contest divorce in the county where the receiving spouse currently lives.

• You and your spouse agree that there are irreconcilable differences, but do not blame one another for the termination of the marriage. 

Procedure for Florida No Fault Divorce:

The first step to securing a no fault divorce in Florida is to procure the necessary forms; there are two primary sources from which these papers can be obtained: they may be downloaded from the Internet or take from any circuit court office. 

In general, seven copies of five disparate divorce forms are required—they are mentioned below:

• Form 12.901 (a): The Petition for Simplified Dissolution of Marriage

• Form 12.902(b) or (c): Financial Affidavit, Florida Family Law Rules of Procedure (2 copies are required for each spouse)

• Form 12.902: Marital Settlement Agreement, Florida Family law Rules of Procedure (must be collected from both spouses)

• Form 12.902: Social Security Notices, Florida Supreme Court Approved Family Law Form (2 copies are required for each partner)

• Form 12.990: Final Judgment of Simplified Dissolution of Marriage

You must complete all the above forms to file for a no fault divorce in Florida. This documentation must be appended to the divorce form. To prove state identification, you must show prove of residence (driver’s license etc.) when submitting these forms. If you do not have a Florida driver’s license, a notarized affidavit that states that you or your spouse has resided in the state for 6 months. 

After filling-out this paperwork, you must submit to your jurisdiction’s Circuit courthouse. After this, you must obtain a divorce court date. 

The last step to securing a no fault divorce in Florida is to remain present in the court. If the divorce is uncontested, both you and your spouse can remain present in the court. In this setting, the judge will enquire if both you and your partner agree to terminate the marriage and accede to the distribution of property and debts. If you and your spouse agree, you simply sign the Divorce Decree to finalize the dissolution. After a couple of weeks, copies of the no fault divorce decree will be mailed to both you and your former spouse. 

Related Topics