Florida Divorce: What You Need to Know

In Florida, divorce is referred to as the dissolution of marriage, and it is the legal process of ending a marriage. Like every state, Florida has specific laws and procedures regarding residency, waiting periods, and record management.

Furthermore, family law matters, including divorces, are handled by the Circuit Court in each county. If you need to know how divorce works in Florida, it begins with learning the types of divorce available, the court process, filing information for major counties, and how to look up divorce records in the state.

How Does Divorce Work in Florida?

Florida has residency requirements that must be met before filing. At least one spouse must have lived in Florida for six months prior to filing. The proof of residency is usually a Florida driver’s license, state ID, or a witness’ testimony Then, the divorce is filed in the county where either spouse resides.

It is worth noting that Florida is a no-fault divorce state. This means the only grounds needed to file a divorce are that the marriage is “irretrievably broken.” Generally, there is no need to prove fault like adultery or abandonment, although misconduct may still influence property division, custody, or alimony in certain situations.

Moreover, Florida does not impose a lengthy waiting period. A divorce may be finalized as quickly as 20 days after filing, although most cases take longer, depending on whether they are contested. An uncontested divorce may be completed within a few weeks, while a contested divorce may span several months or even years if disputes go to trial.

Types of Divorce in Florida

Florida law provides various options for couples pursuing divorce:

• Uncontested divorce: These cases are faster and often resolved without a trial if both spouses agree on custody, property division, and financial matters.
• Contested divorce: These cases are more time-consuming and costly because disagreements exist on key issues.
• No-fault divorce: This is the standard option, which is based on the marriage being irretrievably broken.
• Simplified dissolution: A streamlined process where both spouses must attend a final court hearing together. This option is available if they both consent, have no children under 18, and request no alimony.
• Collaborative divorce: This process allows spouses and their attorneys to negotiate and reach an agreement outside of court.
• Legal separation: Florida does not have a formal legal separation process. Nonetheless, spouses may live apart and use temporary court orders to establish custody, support, or property arrangements.

Florida Divorce Court Process and Forms

Divorces are initiated in the Circuit Court of the county where one of the spouses resides. The process begins when one spouse, the petitioner, files a Petition for Dissolution of Marriage with the Clerk of Court.

Other forms that may accompany the petition include:

• Financial affidavits (detailing income, assets, and debts)
• Parenting plan (if children are involved)
• Child support guidelines worksheet
• Marital settlement agreement (for uncontested cases)

Moreover, the petition must be served on the other spouse by a Sheriff, private process server, or through certified mail after which they have 20 days to file an answer.

Both spouses are required to provide mandatory financial disclosure within 45 days of filing, unless waived in uncontested cases.

If children are involved, both parents must attend a Parenting Education and Family Stabilization Course before custody can be finalized. To resolve disputes without trial, judges can order mediation in contested cases.

In addition, if a case is contested, the court may approve the agreements and schedule a brief final hearing. For contested cases, hearings and possibly a trial are required. The divorce is resolved when the judge signs a Final Judgment of Dissolution of Marriage, thereby outlining the terms on custody, property, support, and alimony.

City- and County-Level Filing Details

Divorces in Florida are filed at the county level in the Circuit Courts. Below are details for some of the largest counties:

• Miami-Dade County (Miami):
  • Courthouse: Lawson E. Thomas Courthouse Center, 175 NW 1st Avenue, Miami, FL 33128.
  • Services: This court provides an e-filing option for petitioners and a case lookup tool for record seekers.
• Broward County (Fort Lauderdale):
  • Courthouse: Broward County Judicial Complex, 201 SE 6th Street, Fort Lauderdale, FL 33301.
  • Services: This court provides links to downloadable forms through its website.
• Palm Beach County (West Palm Beach):
  • Courthouse: Palm Beach County Main Courthouse, 205 N. Dixie Highway, West Palm Beach, FL 33401.
  • Services: This court requires a mandatory parenting course for parents with minor children going through the divorce process.
• Hillsborough County (Tampa):
  • Courthouse: George Edgecomb Courthouse, 800 E. Twiggs Street, Tampa, FL 33602.
  • Services: It offers access to electronic case records through the HOVER portal. Through its mediation and diversion services, this court assists parties to resolve divorce and family related disputes.
• Orange County (Orlando):
  • Courthouse: Orange County Courthouse, 425 N. Orange Avenue, Orlando, FL 32801.
  • Services: All parties in a divorce case involving children are encouraged to complete a parent education and family stabilization course.

Since each county has local variations in filing procedures, it is best to check with the Clerk of Court before filing.

How to Search for Divorce Records in Florida

Divorce records in Florida are mostly public, though certain sensitive details such as Social Security numbers, bank accounts, and information about minor children are kept from public scrutiny. These records are kept by the Clerk of Court in the county where the divorce was finalized.

Interested parties can access divorce records by using these methods:

• At the courthouse: Anyone can acquire certified copies of divorce decrees and case files from the relevant Clerk of Court for a fee.
• Online: Many Florida counties provide online access to court records and dockets through their clerks's websites, but some require registration or fees for full access.
• Third-party services: Private websites may offer record searches, but certified copies must come directly from the court.

Divorce records typically include the names of the spouses, the date and county of divorce, the case number, and the judge’s final orders. The Final Judgment of Dissolution of Marriage is the key document that serves as proof that the marriage has legally ended.

Key Points

• In Florida, divorce is referred to as the dissolution of marriage and is filed in the Circuit Court of the county where one spouse lives.
• It is necessary for one of the spouses to meet a six-month residency requirement.
• Florida has a no-fault divorce system. The primary ground for divorce is that the marriage is irretrievably broken.
• After filing, there is a minimum waiting period of 20 days, but most cases take longer due to disputes.
• The different types of divorce options available in the state include uncontested divorce, contested divorce, simplified dissolution, collaborative divorce, and temporary arrangements without full divorce.
• Parents with children must complete a parenting education course, and mediation is common in contested cases.
• Divorce records are public and available through Clerks of Court, with many counties offering online access.