Florida Divorce Agreement: Everything You Need to Know
Terms for dissolution of marriage
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MARITAL SETTLEMENT AGREEMENT (DIVORCE) State of Florida This Agreement is entered into on [DATE] between: PETITIONER: Name: [PETITIONER NAME] Address: [ADDRESS], FL [ZIP] RESPONDENT: Name: [RESPONDENT NAME] Address: [ADDRESS], FL [ZIP] Date of Marriage: [DATE] Place of Marriage: [LOCATION] 1. GROUNDS: [ ] No-fault/Irreconcilable differences [ ] Other: [SPECIFY] 2. PROPERTY DIVISION: Petitioner receives: [LIST ASSETS] Respondent receives: [LIST ASSETS] Jointly held property: [DESCRIBE DIVISION] 3. DEBTS: Petitioner assumes: [LIST DEBTS] Respondent assumes: [LIST DEBTS] 4. SPOUSAL SUPPORT: [ ] No spousal support [ ] [PAYOR] pays $[AMOUNT] per month for [DURATION] 5. CHILD CUSTODY (if applicable): [ ] Joint legal custody [ ] Sole custody to [PARENT] Primary residence: [PARENT] Visitation schedule: [DESCRIBE] 6. CHILD SUPPORT (if applicable): [PAYOR] pays $[AMOUNT] per month per Florida child support guidelines. This agreement is governed by Florida family law (FL Statutes). PETITIONER: _____________________ DATE: _____ RESPONDENT: _____________________ DATE: _____
FAQ: Divorce Agreement in Florida
Is a Divorce Agreement required in Florida?
Yes, in Florida, a Divorce Agreement is required for most transactions of this type. Under Florida Statute § 61, the document must include all parties' information, be signed, and witnessed by 2 individuals. Failure to use a proper Divorce Agreement may result in legal complications.
Does a Divorce Agreement need to be notarized in Florida?
Notarization requirements in Florida (FL) vary by transaction type. Notary fees in the state typically range from $10. While not always mandatory, notarization adds an extra layer of legal protection and is recommended for high-value transactions.
What are the tax implications of a Divorce Agreement in Florida?
Florida has a base sales tax rate of 6%. Depending on the type of transaction documented in your Divorce Agreement, additional local taxes may apply. Consult with a Florida tax professional for specific guidance on your situation.
Do both spouses have to agree to a divorce?
No, all US states allow no-fault divorce, meaning one spouse can file without the other's consent. However, an uncontested divorce (where both agree on terms) is faster, cheaper, and less stressful than a contested divorce.
How is property divided in a divorce?
Property division depends on your state. Community property states (like California and Texas) split marital assets 50/50. Equitable distribution states divide assets fairly but not necessarily equally, considering factors like income, duration of marriage, and contributions.
Can we write our own divorce agreement?
Yes, spouses can draft their own marital settlement agreement covering property division, spousal support, and child custody. The court must approve it to ensure it's fair and meets state requirements, especially regarding children.
Florida Divorce Agreement Requirements
Review the following requirements to ensure your Divorce Agreement is legally valid in Florida.
Florida Notarization
Florida requires 2 witnesses and notarization may be mandatory. Fees typically range from $10.
Before You Sign
Review all information carefully. In Florida, a 6% sales tax may apply.
Legal Protection
Keep copies of all signed documents. Florida law requires all parties to receive copies of executed documents.
Florida Filing Deadlines
Check Florida deadlines for filing or recording this document with the appropriate county clerk's office.
Divorce Agreement Costs in Florida
Estimated fees and processing times
| Fee Type | Cost | Notes |
|---|---|---|
| Notary Fee | $5-$15 (if required) | Florida standard rate: $10 |
| Filing Fee | Varies by state | State registration (if applicable) |
| Processing Time | 1-3 business days | Typical turnaround in Florida |
| Sales Tax | 6% | Florida base rate (local taxes may apply) |
| Witness Requirement | 2 witnesses | Florida requires multiple witnesses |
| Our Template | FREE | Download instantly, no cost |
Florida Divorce Agreement Legal Guide
For residents of Florida, ensuring this form is compliant with state-specific requirements is a top priority for legal validity.
Under Florida Statute § 61, residents of Florida must ensure this Divorce Agreement complies with all state requirements. The current sales tax rate is 6%, and notarization costs between $10. Two witnesses are mandatory in FL.
Using this template ensures you're protected under Florida law while saving time and money on legal fees.
Getting It Done Right in Florida
Here's the practical approach: download, fill in your details, get signatures, and handle any FL-required notarization. Florida makes the process relatively straightforward, but attention to detail matters. Keep at least two copies — one for each party involved.
Smart Practices for FL Compliance
Florida has specific rules that differ from neighboring states. Always verify your document against current FL statutes, especially if you're using a template from a previous year. Laws change, and what was valid last year in Florida may need updating for 2026.
How Florida Courts View This Document
Florida courts apply FL statutory standards when evaluating a Divorce Agreement. Judges look for: clear language, proper identification of parties, lawful purpose, and correct execution formalities. Meeting these standards ensures your document will be upheld if ever challenged.
FL Compliance Checklist
Before finalizing your Divorce Agreement, verify that it meets Florida's legal standards:
- Full legal names and addresses of all parties
- Clear description of the subject matter
- Consideration or purpose stated explicitly
- Dated and signed by all required parties
- Notarized if mandated by FL statute
Florida has specific rules that differ from neighboring states. Always verify your document against current FL statutes, especially if you're using a template from a previous year. Laws change, and what was valid last year in Florida may need updating for 2026.
How Florida Courts View This Document
Florida courts apply FL statutory standards when evaluating a Divorce Agreement. Judges look for: clear language, proper identification of parties, lawful purpose, and correct execution formalities. Meeting these standards ensures your document will be upheld if ever challenged.
FL Compliance Checklist
Before finalizing your Divorce Agreement, verify that it meets Florida's legal standards:
- Full legal names and addresses of all parties
- Clear description of the subject matter
- Consideration or purpose stated explicitly
- Dated and signed by all required parties
- Notarized if mandated by FL statute
Before finalizing your Divorce Agreement, verify that it meets Florida's legal standards:
- Full legal names and addresses of all parties
- Clear description of the subject matter
- Consideration or purpose stated explicitly
- Dated and signed by all required parties
- Notarized if mandated by FL statute
Sarah Mitchell, J.D.
Legal Document Specialist
Licensed Attorney, 15+ years experience
Specializes in contract law and legal document preparation
This Divorce Agreement template for Florida has been reviewed for accuracy and legal compliance.
Last reviewed: March 2026
Where to File Your Divorce Agreement in Florida
Visit your local County Clerk office to file or notarize your Divorce Agreement.
Miami-Dade County Clerk
Miami
73 W Flagler St, Miami, FL 33130
Orange County Clerk
Orlando
425 N Orange Ave, Orlando, FL 32801
Hillsborough County Clerk
Tampa
601 E Kennedy Blvd, Tampa, FL 33602
Duval County Clerk
Jacksonville
501 W Adams St, Jacksonville, FL 32202
Other Forms in Florida
Divorce Agreement in Neighboring States
Document Information
- Document
- Divorce Agreement
- State
- Florida (FL)
- Category
- Family
- Format
- PDF / Word / Print
- Cost
- 100% Free
- Sales Tax
- 6%
- Notary Fee
- $10
Florida Legal Requirements
Governing Statute:
State Law
- ✓Consult with a licensed attorney for specific requirements
Legal Disclaimer
This template is for informational purposes only and does not constitute legal advice. Laws in Florida may change. Consult a licensed attorney for advice specific to your situation.