Dissolution of Marriage

To obtain a Dissolution of Marriage in the State of Florida, at least one of the partners must have been a resident of Florida for a minimum of six months prior to filing.  There are two types of Dissolution of Marriage cases: Regular and Simplified.  When you file a dissolution, it becomes public record and the information is available to the general public.  Newspapers or other media, in accordance with their policies, may choose to publish this information.

We have compiled the most frequently asked questions for your convenience. If you still have questions after you have reviewed the following information feel free to contact us: 850.926.0905

Regular Dissolution of Marriage / Divorce Course Providers / Simplified Dissolution of Marriage / Forms

Regular Dissolution of Marriage

This type of case is required when you and your spouse have a dependent minor child together, or if the wife is pregnant, or if one spouse is not in agreement with the divorce.  Issues regarding paternity, custody, visitation, spousal support, and child support must be resolved prior to the dissolution being granted.  Other legal issues and tax related consequences might affect your actions.  For these reasons, you may choose to hire an attorney to represent you in this type of case.

The Clerk of the Circuit Court cannot provide legal advice or any assistance with the completion of forms in a Regular Dissolution of Marriage action.

If you choose to represent yourself in these matters, you are required to prepare your own legal documents, schedule hearings, and otherwise proceed according to Florida law and Rules of Court.  Once you have determined which will apply to your situation, packages of general, Supreme Court authorized forms are available for a standard form package fee in the Clerk's Office or are available on-line at www.flcourts.org.

It is necessary for both partners in the marriage to complete a court-required course related to divorce and children, before a final hearing is set.

Failure to complete the course may cause the court to dismiss the action, or take other action against either parent. 

Divorce Course Providers

Simplified Dissolution of Marriage

This type of action may be filed without an attorney, when all the following circumstances exist:

• Each spouse agrees the marriage cannot be saved.
• There are no minor children of the marriage and the wife is not pregnant.
• Each spouse has mutually agreed upon how the property and debts are to be divided.
• Neither spouse is seeking support (alimony or maintenance).
• Neither spouse is seeking financial information other than what is provided in the standardized financial affidavit.
• Each spouse is willing to give up their right to a trial and their right to appeal the outcome and all previously agreed upon matters.
• Each spouse is willing to come to the Clerk of the Circuit Court’s Office to sign the petition.
• Each spouse is willing to attend the same final hearing.

My spouce and I have mutually agreed on a divorce. We have heard the State of Florida has something called a "Simplified Divorce." What is it and would we be eligible?

Simplified Divorce is a fast, easy and inexpensive procedure for ending a marriage for eligible couples. To be eligible:

• Both must agree that the marriage cannot be saved.
• Both must agree on how to divide the property and/or debts.
• There must be no minor children of the marriage, and the wife cannot be pregnant.
• At least one of you must have been a resident of Florida for the past six months.
• Both parties must come to the Clerk of Circuit Court's office with picture ID's, and fill out a Petition for Simplified Dissolution of Marriage. Forms are available in the Clerk's office. An attorney is not required, but if either of you has any legal questions, consulting an attorney prior to filing is advised. A hearing to finalize the divorce will be scheduled as soon as possible after a 20 day waiting period. Both parties must appear at the hearing. The final judgment is then taken by both parties to the Circuit Civil Division of the Clerk's office.

Forms

Supreme Court authorized forms are available for a standard form package fee each in the Clerk's Office or are available on-line at www.flcourts.org | or on our Forms page