The cheapest way to get divorced in Florida is usually to reach a complete agreement with your spouse and file an uncontested divorce without litigating disputed issues. We like to call this “The Kitchen Table” method in our consults. Some couples qualify for simplified dissolution, while others can reduce costs by negotiating directly or using mediation to resolve disagreements.
Florida is a no-fault divorce state, so you generally do not have to prove misconduct to end your marriage. However, the no-fault process does not eliminate questions about property, alimony, parenting, or child support.
How Much Does It Cost to File for Divorce in Florida?
Every divorce begins with a filing fee paid to the clerk of the circuit court. Fees vary somewhat by county.
Depending on the case, you may also pay for:
- Service of the divorce papers on your spouse
- Required parenting courses when minor children are involved
- Mediation, document preparation, or financial valuations
- Copies, notarization, and other court-related services
A person who cannot afford the filing fee may apply for a determination of civil indigent status. Eligibility depends on the applicant’s financial circumstances.
Is Simplified Dissolution the Cheapest Florida Divorce Option?
A simplified dissolution can be one of the least expensive options because it uses a streamlined set of forms and avoids many procedures required in a regular divorce. However, eligibility is limited.
Generally, both spouses must agree that the marriage cannot be saved and agree on how to divide their property and debts. They cannot have minor or dependent children together, neither spouse may be pregnant, and neither may seek alimony. Both spouses must also give up certain rights, including the right to trial and appeal, and must attend the final hearing.
Simplified dissolution does not necessarily carry a lower filing fee. Its potential savings come from reducing paperwork, disputes, attorney time, and court appearances. The Florida Courts simplified dissolution forms explain the statewide requirements.
While simplified dissolution can be the cheapest, it can also be the most risky. We rarely recommend simplified divorces for a few reasons.
First and foremost, engaging in a simplified dissolution waives your right to appeal or modify a divorce once it’s final. While more conventional dissolutions are tough to undo, it’s even more difficult when it comes to simplified dissolution.
Second, alimony is completely off the table.
Third, there is no formal discovery, which normally allows both parties to look at each others’ finances. A simplified dissolution relies entirely on you trusting your spouse about their finances, and there is no formal legal mechanism to verify their financial information.
Fourth, simplified dissolutions can provide less protection against marital debt. Under Florida law, debts incurred during a marriage are generally marital, and unless you’re as precise as a professional attorney (and assuming you are aware of each debt your spouse took out, see our third concern above) a simplified dissolution does not automatically protect you from your spouse’s debts.
Fifth, simplified dissolutions do not handle the split of real estate or retirement.
Sixth, you can’t use simplified dissolution if you have children or are expecting.
Seventh, you will have no choice but to physically show up for court and speak to the judge. Although this seems like a minor point, in our experience it’s enough to dissuade some from going the simplified route.
For these reasons, even when a client may qualify for a simplified dissolution, we will often recommend an uncontested dissolution instead, even when the matters are straightforward and there’s already an agreement between the parties.
How Does an Uncontested Divorce Keep Costs Down?
You do not need to qualify for simplified dissolution to obtain an uncontested divorce. Spouses may use the regular dissolution process and still settle every issue through a written marital settlement agreement. The jurisdictions we serve also allow a specific process whereby, assuming all of the paperwork is correctly filed, the parties can avoid having to appear before a judge.
This route is available even when you own property, have debts, share minor children, or need to address alimony. The agreement may cover asset division, responsibility for debts, a parenting plan, child support, and other necessary terms.
The greatest savings usually come from avoiding repeated motions, extensive discovery, mediation, depositions, and trial. Reaching agreement early also helps your attorney spend less time responding to disputes or preparing for contested hearings.
Can Mediation Make Divorce Less Expensive?
Mediation involves working with a neutral mediator to try to resolve contested issues. The mediator does not decide the case or represent either spouse. Instead, the mediator helps the parties identify possible compromises.
A lot of folks come to us with the belief that you have to use a mediator even if you already have come to an agreement with your spouse. This is not the case, any dispute can be “legally” resolved without the involvement of a mediator. A better way to understand this is that if possible, the parties are encouraged to come to an agreement themselves. If for whatever reason that proves to not be possible or practical, the next thing to consider would be a mediator.
Although mediation has a cost, it can be considerably less expensive than taking several disputes to trial. It may also allow spouses to settle some issues even if they cannot resolve everything. Narrowing the dispute can reduce later attorney fees and court time.
Mediation works best when both spouses provide accurate financial information and can negotiate safely. It may not be suitable when there is coercion, hidden property, or domestic violence.
What Makes a Florida Divorce More Expensive?
Attorney fees are often the largest variable cost in a divorce. The total depends primarily on how much legal work the case requires, particularly whether the spouses can resolve disputed issues without litigation.
Costs commonly increase when a case involves:
- Disputes over parenting, alimony, property division, or responsibility for debt
- Business interests, retirement accounts, real estate, or other assets requiring valuation
- Suspected hidden assets or incomplete financial disclosures
- Extensive discovery, depositions, motions, or contested hearings
- Poor communication that prolongs negotiations or creates avoidable disputes
Trying to save money by signing an incomplete or unfavorable agreement can create much larger financial consequences. Before agreeing, you should understand which rights you are giving up and whether the proposed terms can be enforced. We have been retained by many clients who thought they were saving money by signing off on agreements touted as cheap, quick, and easy, only to discover later that the agreement was not just unfavorable, but actually damaging to their interests or their children, and they wound up spending thousands and thousands more to fix what should have been addressed at the time of the original agreement, or to find out that the problem cannot be fixed at all.
Choose a Cost-Conscious Path From the Beginning
The lowest-cost process is the one that resolves your divorce efficiently without exposing you to avoidable financial or parenting problems. At Downyok & Downyok, P.A., we can evaluate whether simplified dissolution, an uncontested filing, mediation, or another approach fits your circumstances. Contact our Venice office to discuss a sensible path for your Florida divorce.
