How to File for Divorce in Jacksonville Florida

  • Home
  • Divorce
  • How to File for Divorce in Jacksonville Florida

Need Help Fast?

Table of Contents

divorce definition and rings

TL;DR: To file for divorce in Jacksonville, you need to have lived in Florida for at least 6 months, file a Petition for Dissolution of Marriage with the Duval County Clerk of Court, and pay a $409 filing fee plus $10 for service of process. Florida is a no-fault state — you don’t need to prove wrongdoing. Below, Jacksonville divorce attorney Adam Sacks walks through every step from petition to final judgment.

What Does It Cost to File for Divorce in Jacksonville?

The filing fee for divorce in Duval County is $409 for both standard and simplified dissolutions, plus $10 per summons (Duval County Clerk, 2026). If your spouse files a counter-petition, that costs an additional $295. These are court fees only — they don’t include attorney’s fees, mediation costs, or process server charges.

For context, the national median total cost of divorce is approximately $15,000 when attorneys are involved (Splitifi, 2025). Uncontested divorces in Jacksonville where both parties agree on all terms can cost significantly less — often under $2,000 including the filing fee and basic legal guidance.

Who Can File for Divorce in Florida?

Florida has two requirements before you can file for divorce:

  1. Residency — At least one spouse must have lived in Florida for a minimum of 6 months before filing (FL Statute § 61.021).
  2. Grounds — You must state that the marriage is “irretrievably broken” or that one spouse has been mentally incapacitated for at least 3 years (FL Statute § 61.052).

Florida is a no-fault divorce state. That means you don’t need to prove adultery, abuse, or any specific wrongdoing. If either spouse believes the marriage is irretrievably broken, that’s sufficient grounds to file. The court won’t assign blame.

How Do I File for Divorce in Duval County? (Step-by-Step)

Here’s the process I walk every client through when they’re ready to file in the Fourth Judicial Circuit (Duval, Clay, and Nassau Counties):

Step 1: Choose the Right Petition Form

Florida provides four different Petition for Dissolution of Marriage forms depending on your situation:

If you’re not sure which form applies to your situation, an attorney can review your circumstances and advise you. Choosing the wrong form can delay your case.

Step 2: File the Petition With the Duval County Clerk

File your completed petition with the Duval County Clerk of Court at the courthouse downtown or through the Florida e-filing portal. Pay the $409 filing fee at the time of filing. If you cannot afford the fee, you can file an Application for Determination of Civil Indigent Status to request a fee waiver.

Step 3: Serve Your Spouse

After filing, your spouse must be formally notified — this is called service of process. In Florida, you can serve your spouse through:

  • A county sheriff or private process server (most common)
  • Service by mail with a signed acknowledgment
  • Constructive service (publication) if your spouse can’t be located

Your spouse then has 20 days to file a response. If they don’t respond, you can request a default judgment.

Step 4: Complete Mandatory Financial Disclosure

Both spouses are required by law to exchange a full financial disclosure within 45 days of service. This includes a Financial Affidavit (Form 12.902(b) or (c)), tax returns, pay stubs, bank statements, and documentation of all assets and debts. Hiding assets during disclosure can result in sanctions or an unfavorable judgment.

Step 5: Complete a Parenting Course (If Children Are Involved)

If your divorce involves minor children, both parents must complete an approved 4-hour Parent Education and Family Stabilization Course before the court will enter a final judgment. This is a Florida requirement, not optional. Several approved courses are available online.

Step 6: Negotiate or Mediate

Florida requires mediation before a contested divorce can go to trial. A certified mediator helps both parties negotiate the terms of the divorce — property division, alimony, and (if applicable) a parenting plan and time-sharing schedule.

In my experience, most divorces in Jacksonville settle at or shortly after mediation. Mediation is faster, less expensive, and less adversarial than going to trial. Collaborative divorce is another option where both parties and their attorneys commit to negotiating a settlement without court intervention.

Step 7: Finalize the Divorce

Once all terms are agreed upon (or decided by a judge after trial), the court enters a Final Judgment of Dissolution of Marriage. Florida law imposes a minimum 20-day waiting period from the date of filing before a divorce can be finalized — even in uncontested cases.

For an uncontested simplified dissolution, the entire process can take as little as 4 to 6 weeks. Contested cases involving custody disputes, complex assets, or alimony disagreements typically take 6 to 12 months in the Fourth Judicial Circuit.

What Is a No-Fault Divorce?

Florida has been a no-fault divorce state since 1971. Under FL Statute § 61.052, the only ground for divorce is that the marriage is “irretrievably broken.” Neither spouse needs to prove infidelity, cruelty, or abandonment.

This doesn’t mean fault is completely irrelevant. A spouse’s behavior — such as dissipating marital assets, domestic violence, or substance abuse — can still influence the court’s decisions on child custody, alimony, and equitable distribution of property. But it’s not a requirement to file.

Contested vs. Uncontested Divorce in Jacksonville

Understanding the difference between these two paths will shape your timeline, costs, and stress level:

Uncontested Divorce

  • Both spouses agree on all terms (property, debts, alimony, children)
  • Can use the Simplified Dissolution form if no children are involved
  • Timeline: 4 to 8 weeks in most cases
  • Cost: Filing fee + minimal attorney fees (often under $2,000 total)

Contested Divorce

  • Spouses disagree on one or more major issues
  • Requires mediation and potentially trial
  • Timeline: 6 to 12+ months
  • Cost: $5,000 to $30,000+ depending on complexity
  • May require expert witnesses (business valuators, custody evaluators)

Even if you start as a contested case, many disputes resolve through mediation. In my practice, fewer than 10% of divorce cases actually go to trial.

Frequently Asked Questions

How much does it cost to file for divorce in Jacksonville, Florida?

The filing fee for divorce in Duval County is $409 for both standard and simplified dissolutions, plus $10 per summons for service of process (Duval County Clerk, 2026). A counter-petition costs $295. These are court fees only and don’t include attorney’s fees, which vary based on whether the divorce is contested or uncontested.

How long does a divorce take in Jacksonville?

Florida requires a minimum 20-day waiting period from filing before a divorce can be finalized. An uncontested simplified dissolution typically takes 4 to 8 weeks. Contested cases in the Fourth Judicial Circuit average 6 to 12 months, longer if custody evaluations or complex asset division are involved.

Do I need a lawyer to file for divorce in Florida?

Legally, no — you can file pro se (without an attorney). However, if your divorce involves children, significant assets, retirement accounts, business ownership, or alimony disputes, an attorney can protect your interests and avoid costly mistakes. Even in “simple” cases, having an attorney review your settlement agreement before signing can save thousands down the road.

What is a simplified dissolution of marriage in Florida?

A simplified dissolution is available when both spouses agree on everything, there are no minor children, neither spouse is pregnant, neither seeks alimony, and both are willing to attend the final hearing together. It’s faster and less expensive than a regular dissolution, but you give up the right to trial and appeal.

Can I file for divorce in Florida if my spouse lives in another state?

Yes, as long as you have been a Florida resident for at least 6 months. You can file in Duval County regardless of where your spouse lives. However, you’ll still need to serve your spouse in their state, which may require using a process server in that jurisdiction. If your spouse doesn’t respond within 20 days, you can seek a default judgment.

Get the Right Guidance for Your Jacksonville Divorce

Filing for divorce is a legal process with specific requirements, deadlines, and financial implications. Getting any step wrong — choosing the wrong form, missing the disclosure deadline, or agreeing to unfavorable terms without understanding your rights — can have lasting consequences.

At The Law Offices of Sacks & Sacks, P.A., we’ve guided thousands of Jacksonville families through the divorce process over the past 30+ years. We offer a free consultation to review your situation and help you understand your options.

Call us at (904) 396-5557 or fill out the form to get started.

Related: The Dos and Don’ts of Child Custody in Florida | Parental Alienation in Florida Divorce Cases

Adam Sacks

Written by

Adam Sacks

Family Law Attorney & Partner, Sacks & Sacks

FL Supreme CourtCertified Family Mediator
Avvo Rating4.8 / 5.0
Share This Article