Do I Need a Lawyer to File for Divorce in Florida?

Filing for divorce can feel overwhelming, especially when you're navigating it for the first time. Between legal paperwork, deadlines, and emotional strain, many people wonder whether hiring a lawyer is truly necessary. While Florida law allows individuals to file for divorce without legal representation, the real question is whether you should go through it alone. Understanding the process and knowing when professional guidance can help is key to protecting your rights and future.

At The Law Office of John P. Sherman, we’ve helped countless individuals through the dissolution of marriage process. We know that every situation is different, and deciding whether to hire a lawyer depends on a range of personal and legal factors. In this article, we’ll explain what Florida law says about divorce, when you might manage on your own, and why many people ultimately benefit from professional support.

Understanding Divorce Requirements in Florida

Before filing for divorce, it’s important to understand the basic legal requirements in Florida. To be eligible, at least one spouse must have resided in the state for six months prior to filing. This is a non-negotiable rule and must be met for the court to accept your case. Additionally, the marriage must be considered "irretrievably broken," meaning there’s no chance of reconciliation. This no-fault approach eliminates the need to prove wrongdoing by either party.

Another key element is determining the correct court in which to file. In most cases, this will be in the county where the spouses last lived together or where one spouse currently resides. The local court rules may include specific forms, filing fees, and required parenting courses if minor children are involved. Understanding these requirements in advance can save you time, stress, and unnecessary delays.

Lastly, Florida divorces typically begin with a Petition for Dissolution of Marriage, which outlines your position on matters such as property division, spousal support, and child-related issues. Even in amicable cases, it’s essential that this document is completed accurately. Errors or omissions can complicate your case, especially if disagreements surface later.

Filing Without a Lawyer: Is It Possible?

Yes, it’s entirely legal to file for divorce without an attorney. This is most common in simplified or uncontested divorces, where both spouses agree on all issues, including asset division, debt responsibility, and parenting plans. Florida even offers a Simplified Dissolution of Marriage process for couples with no minor children, no pregnancy, and no ongoing claims for alimony. This process is designed to be more straightforward, with fewer court appearances and minimal paperwork.

That said, filing on your own can be more challenging than it seems. Legal forms must be completed precisely and submitted with supporting documents by specific deadlines. Many individuals underestimate how detailed and technical the paperwork can be. A single mistake might lead to rejection of your filing or, worse, unintended legal consequences down the line.

Moreover, if your spouse later changes their position or you discover hidden assets, your options may be limited without a clear legal strategy from the start. While self-representation is allowed, it carries risks that can affect your financial security, parental rights, and peace of mind. Even in seemingly simple cases, consulting a lawyer before filing is often a smart move.

Why Hiring a Lawyer Is Often the Right Choice

Divorce is not just about filling out forms—it involves legal rights, responsibilities, and the potential for life-altering decisions. An experienced attorney can help you understand what you're entitled to under Florida law, including how property should be divided and what factors influence alimony or child support. They can also identify issues you may not have considered, such as tax consequences or the long-term impact of custody arrangements.

Legal representation is especially critical in contested divorces. If you and your spouse disagree on any major issue, a lawyer can advocate for your interests during negotiations or court hearings. They are trained to navigate the legal system, understand judicial expectations, and help you present a strong case. Without this support, you may find yourself at a disadvantage—especially if your spouse has legal counsel.

In addition, hiring a lawyer provides peace of mind during a stressful time. Divorce often involves intense emotions, and having a knowledgeable professional in your corner can help you focus on moving forward. Your attorney takes on the burden of paperwork, communication, and legal procedures, allowing you to concentrate on your well-being and future stability.

When Going It Alone Might Work

There are cases where handling your own divorce may be appropriate. If you and your spouse agree on all terms, have no children, no complex assets, and are both comfortable reading and completing legal documents, the simplified process may be a good fit. In such cases, you can file jointly and attend a final hearing to finalize the divorce with minimal court involvement.

However, even in these situations, a legal consultation is still advised. Many people feel confident at first but later encounter unexpected complications. For example, poorly worded agreements may be difficult to enforce, or a missed detail could create issues with property titles or parenting plans. A lawyer can help review your documents to ensure they’re complete and fair.

Ultimately, self-representation is best suited for rare cases with very limited legal and emotional complexity. If there is any uncertainty or chance of conflict, it's usually better to have a lawyer guide you from the beginning. This can prevent problems before they arise and provide long-term protection.

Alternatives to Full Representation

Not every divorce case requires a lawyer to handle everything. Some individuals choose limited-scope or unbundled representation, where an attorney helps with specific parts of the case, such as reviewing documents, preparing court forms, or attending mediation sessions. This option allows you to stay involved while still benefiting from legal expertise where it matters most.

Mediation is another effective alternative for resolving disputes. In fact, most Florida counties require mediation before allowing contested cases to proceed to trial. During mediation, a neutral third party helps both sides reach a compromise on key issues. Having an attorney advise you before or during mediation can make the process smoother and ensure your rights are protected.

Collaborative divorce is yet another option for couples who want to avoid court altogether. In this model, both spouses hire lawyers trained in collaborative law and commit to resolving all issues outside of litigation. The focus is on transparency, cooperation, and finding mutually acceptable solutions that benefit everyone involved.

Frequently Asked Questions

Do both spouses need a lawyer? No, it’s not required. One spouse can hire a lawyer while the other proceeds without one. However, a single attorney cannot represent both parties in the same case due to ethical rules. If both parties want legal guidance, each should hire separate counsel.

What if my spouse doesn’t respond? If your spouse fails to respond to the divorce petition, you may request a default judgment. This allows the court to proceed based on your original filing. However, certain conditions must be met, and it's wise to consult an attorney to ensure the process is handled correctly.

How long does an uncontested divorce take? Most uncontested cases in Florida can be resolved within four to eight weeks, depending on the court’s schedule and how quickly paperwork is completed. Contested divorces can take several months or even years, especially if there are disputes over property, custody, or support.

Can I get divorced in Florida without a lawyer? Yes, you can legally get divorced in Florida without hiring a lawyer. Florida law allows individuals to file for divorce on their own, especially in simplified or uncontested cases where both spouses agree on all terms and meet specific requirements (such as having no minor children or claims for alimony). However, even in straightforward cases, completing the paperwork correctly and understanding the court process can be challenging. That’s why many people still choose to consult with an attorney—to make sure their rights are protected and to avoid costly mistakes that could delay or complicate the divorce.

What is the first step to getting a divorce in Florida? The first step in the Florida divorce process is filing a Petition for Dissolution of Marriage with the local circuit court. This legal document outlines your reasons for seeking divorce and states your position on key issues like property division, support, and parenting plans if children are involved. You or your attorney will then need to serve the petition to your spouse and follow up with any required disclosures. It’s important to also ensure you meet the state’s residency requirement—at least one spouse must have lived in Florida for a minimum of six months before filing.

How quickly can I get divorced in Florida? The timeline for divorce in Florida depends on whether the case is contested or uncontested. In uncontested cases—where both spouses agree on all terms and paperwork is filed correctly—a divorce can be finalized in as little as four to eight weeks, depending on the court’s schedule. If the divorce is contested or involves complex matters like child custody or asset division, the process can take several months to over a year. Working with an attorney or using mediation can help streamline the process and avoid unnecessary delays.

Contact The Law Office of John P. Sherman

Whether you’re exploring a simplified divorce or facing a more complicated case involving property, custody, or support, one thing is clear: having the right guidance makes a difference. Florida law allows you to file on your own, but the process can be more complex than it seems. Missteps in paperwork, misunderstandings during mediation, or disputes over assets can quickly turn a simple situation into a stressful one.

At The Law Office of John P. Sherman, we’re here to help you navigate every step with confidence. We offer honest guidance tailored to your unique circumstances—whether you need full legal representation or just help reviewing documents. With a focus on clarity, empathy, and results, we work to protect your interests while reducing the emotional and financial toll of divorce.

If you're uncertain about what to do next, let’s talk. Contact us today to schedule a consultation and take the first step toward peace of mind and a more secure future.