Divorce

Divorce cases are handled by our Family Law Department.  The first step in a divorce case is to identify the type of divorce to pursue. The next step is to complete the appropriate packet and file it with the Clerk's office. The following resources may be needed for the process. 

Please note, Clerk employees are not permitted to give legal advice, which includes identifying which forms should be used in any particular situation. You may want to research the Florida Statutes. It is also advisable to consult an attorney if you are unsure of how to proceed. If you do not know a lawyer, you may contact Lawyer Referral at 1-800-342-8011. 

  1. Divorce Types
  2. Forms & Resources
  3. Record Requests & Copies

Dissolution of Marriage with Dependent or Minor Child(ren)

You may file this type of dissolution if all of the following are true:

  • You and/or your spouse must have lived in Florida for at least 6 months before filing for a dissolution in Florida.
  • You and your spouse have a dependent or minor child(ren) together or the wife is pregnant.

Simplified Dissolution of Marriage

You may file a simplified dissolution of marriage in Florida if all of the following are true:

  • You and/or your spouse must have lived in Florida for at least 6 months before filing for a dissolution in Florida.
  • You and your spouse agree that the marriage cannot be saved.
  • You and your spouse have no minor or dependent child(ren) together, the wife does not have any minor or dependent children born during the marriage, and the wife is not currently pregnant.
  • You and your spouse have worked out how the two of you will divide the things that you both own (your assets) and who will pay what part of the money you both owe (your liabilities), and you are both satisfied with this division.
  • You are not seeking alimony from your spouse, and vice versa.
  • You and your spouse have filed financial affidavits with the court or you have waived the filing of financial affidavits and you are satisfied with the financial disclosure received from the other spouse.
  • You are willing to give up your right to trial and appeal.
  • You and your spouse are both willing to go into the Clerk’s office to sign the petition (not necessarily together).
  • You and your spouse are both willing to go to the final hearing (at the same time).

Dissolution of Marriage with No Dependent or Minor Child(ren) or Property

You may file this type of dissolution if all of the following are true:

  • You and/or your spouse must have lived in Florida for at least 6 months before filing for a dissolution in Florida.
  • The husband and wife have do not have any dependent children together nor is the wife now pregnant.
  • You have no marital assets or marital debts.
  • Neither you nor your spouse is seeking support (alimony).

Dissolution of Marriage with Property but No Dependent or Minor Child(ren)

You may file this type of dissolution if all of the following are true:

  • You and/or your spouse must have lived in Florida for at least 6 months before filing for a dissolution in Florida.
  • The husband and wife have do not have any dependent children together nor is the wife now pregnant.
  • You disagree about property, debts, or other matters, and wish to have a judge settle them for you
  • Either you or your spouse is seeking support (alimony).
  • You would like to ask questions and get documents concerning your spouse’s income, expenses, assets, debts, or other matters before having a trial or settlement.
  • You would like to reserve your rights to have any matters reconsidered or appeal the judge’s decision