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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. The filing fee for any
dissolution action is $397.50.
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 $35.00 each 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.
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.
Supreme Court authorized forms are available for $35.00 each in the Clerk's Office or are available on-line at
www.flcourts.org | Search Dissolution of Marriage.
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