Flagler County Clerk
*

Family Court

Dissolution of Marriage

A Dissolution of Marriage is an action to terminate the contract of marriage. Jurisdiction lies in the Family Law Division. These matters are governed by the laws of the State of Florida (Florida Statutes) and the Florida Family Law Rules of Procedure. In addition to dissolving the marriage contract, the court may determine the division of property and responsibility for debts and the care and custody of children. In general, parties wishing to obtain a divorce should contact their attorney.

Other family law cases include child and spousal support, adoptions, paternity, change of name, child custody, separate maintenance, and annulment.

The Family Law Division is located on the second floor of the Kim C. Hammond Justice Center, 1769 E. Moody Blvd, Bldg 1, Bunnell, FL 32110. Our office hours are Monday - Friday, 8:00 a.m. to 4:30 p.m. We can be contacted by telephone at 386-313-4490 or email circuitcivil@flaglerclerk.com

Filing fees: Dissolution of Marriage: $408.00, plus any fees applicable listed below.
Other Domestic: $300.00, plus any fees applicable listed below.

 

Frequently Asked Questions

Do I need to be a resident of Florida?

To obtain dissolution of marriage in the State of Florida, at least one of the parties must have been a resident of this State for a minimum of six months prior to filing the Petition for Dissolution of Marriage.

What types of marriage dissolutions are there?

There are two types of marriage dissolutions:

Standard Dissolution of Marriage
Simplified Dissolution of Marriage

Are there forms available for marriage dissolution?

Family Law forms are available in our office for $.15 per page.   These forms are also available online at www.flcourts.org under Self Help- Family Law Forms.  For questions regarding forms, call the Court Program Specialist within the 7th Judicial Circuit's Office of Court Administration at 386-313-4550, or visit that office located on the second floor of the Kim C. Hammond Justice Center.

I have received the forms. What is the next step?

Fill out the forms and have them notarized; or you can be sworn in by a deputy clerk at the time of filing for a fee of $3.50 per person. Both parties’ mailing addresses are required. A vital statistics form which the clerk can provide must be completed for Dissolution cases.

What about a summons?

The Clerk can prepare a summons for a $7.00 fee.  To issue a summons, the fee is $10.00. Copies of your petition are needed for service. You can make copies before filing, or the Clerk can provide copies for a fee of $1.00 per page. The burden is upon the petitioner to see that proper service is performed. The Flagler County Sheriff’s civil process division can be contacted at 386-313-4340 for further information.

Is there any other type of service?

Under certain circumstances service can be made by publication. These forms are also available at the Supreme Court Family Law Self Help website. The Court Program Specialist can tell you which forms you need to effect this kind of service and if you meet the criteria to publish.  An affidavit of diligent search must be submitted before the Clerk can process.  The petitioner also provides the notice of action for the Clerk to issue, a copy of the petition and a stamped envelope to be mailed to the respondent to the last known address.  It is the petitioner’s responsibility to take the notice to the Flagler Palm Coast News Tribune and arrange for payment of the publication of the notice.

When does the Clerk issue a default?

Proof of service must be filed and the time period for the respondent to
answer must be completed before the Clerk can issue a default.  If the respondent files an answer, no default will be issued.

When will my case be set for a hearing?

If either a default or an answer is filed, you can request that your case be set for a hearing.
For uncontested cases:  Request the Clerk’s Office to set the hearing before the General Magistrate. You will then receive an “Order Referring to General Magistrate” which will explain the process to the final hearing. The General Magistrate’s office sets the hearing date.
For contested cases:  Request a hearing from the appropriate Judge’s office. You must file a “Notice of Hearing” in the court file after you get the date from the judge’s judicial assistant.

The petitioner is responsible to move their case to a final status.
What happens when my case goes before the General Magistrate?

If the hearing is before the General Magistrate, you will need to bring three copies of the Final Judgment form and two envelopes with postage addressed to the petitioner and the respondent. At the hearing the General Magistrate takes testimony of the parties. He can approve the final judgment, continue the hearing or dismiss the case. The magistrate prepares a Report and Recommendation for the Court and if approved, he will forward your file to the Judge to sign your Final Judgment. The Judge will then forward copies of the Final Judgment to the parties ONLY IF the copies and envelopes have been provided.
Many institutions DO NOT accept a regular or conformed copy to change a name, etc. If you need a certified copy of the Final Judgment, you can obtain it from the Clerk of Court for $1.00 per page plus $2.00 for certification.

How can I access information about cases filed in Flagler County.

You may access the public computers located in the Courts Division in the Kim C. Hammond Justice Center, second floor. Upon request, the Clerk’s Office will research a case for a fee of $2.00 per year per name researched.

What other information is available:

Please be advised that the Clerk of Court may give you information about the status of your case, but we may not give legal advice.  If you are representing yourself as an attorney, you are burdened with the responsibility to bring your case to Final Judgment.  Any case can potentially encounter situations that will delay or affect the final outcome.
For your convenience, additional information concerning Florida family laws and opinions may be found at the following website: www.flcourts.org. Family law forms may be found at the following website: FLCourts.org Forms Page. Self-help packets are available at this site. (When you connect with this site, choose "Self - Help Center" from the list at the left-hand side of the screen. Then choose "Family Law Forms".)  The Florida Supreme Court website may be found at www.floridasupremecourt.org.

Please note that the filing fee is not refundable should the parties wish to reconcile and dismiss the case. Failure to appear at the hearing by either or both of the parties may result in dismissal of the case.

Domestic Violence

The Family Law Division is located on the second floor of the Kim C. Hammond Justice Center, 1769 E. Moody Blvd., Bldg 1, Bunnell, FL 32110. Our office hours are Monday - Friday, 8:00 a.m. to 4:30 p.m. We can be contacted by telephone at 386-313-4490 or email circuitcivil@flaglerclerk.com

If you are seeking an injunction against Domestic Violence, Repeat Violence, Dating Violence, or Sexual Violence, you may contact our office for information at 386-313-4490. If you are facing an emergency situation, please call 911 immediately.

 

Frequently Asked Questions

 

What is an Injunction for Protection Against Domestic Violence?

An Injunction for Protection Against Domestic Violence is a court order that directs a person not to have any contact with you. You may be eligible for an Injunction for Protection if you are or have been a victim of domestic violence or have reasonable cause to believe that you are in imminent danger of becoming the victim of domestic violence.

What is the definition of Domestic Violence?

Domestic Violence means any assault, aggravated assault, battery, aggravated battery, sexual assault, sexual battery, stalking, aggravated stalking, kidnapping, false imprisonment, or any criminal offense resulting in physical injury or death of one family or household member by another.

Where can I obtain an Injunction for Protection?

An Injunction for Protection from Domestic Violence may be obtained from the Clerk of Circuit Court's office by applying in person. Certain eligibility requirements must be met pursuant to Chapter 741, Florida Statutes. Clerk's office personnel will assist the Petitioner by screening him or her for eligibility and in completing the required forms. No fee is assessed for filing an Injunction.

What are the requirements for an Injunction?

In order to obtain an Injunction against someone, you must have a relationship with that person which meets one of the following criteria:
A spouse
A former spouse
A person related by blood or marriage who has lived together with you in the same dwelling
A person who has lived together with you in the same dwelling as though they were your spouse
A person with whom you have had a child together, even if you have never lived together

How long does an Injunction last?

While an Injunction may be continued for an indefinite period of time (after a hearing), either the petitioner or respondent may complete a Motion for Modification and it will be forwarded to the assigned judge for consideration. Deputy clerks will assist in the completion of the form.

What types of Injunctions are there?

Generally, Florida law states that a court can enter an injunction to protect the victim of violence under any of the following types of violent relationships:
Domestic Violence: Requires that the parties have lived together "as if a family" or have a child together. Petitioner must be a victim of domestic violence, or have reasonable cause to believe that violence is imminent.
Repeat Violence: Requires that the respondent have committed two incidents of violence against the petitioner or the petitioner's immediate family member, one of the incidents must have been within the past six months.
Dating Violence: Requires that the parties have had a continuing dating relationship within the past six months that involved the expectation of affection or sexual involvement. Petitioner must be a victim of violence or have reasonable cause to believe violence is imminent.
Sexual Violence: The Petitioner must be a victim of sexual violence, have reported that crime and be cooperating with law enforcement agencies; or the respondent who committed the sexual violence was sentenced and the term of imprisonment is expired or is due to expire within 90 days.

What happens in court?

The Court has three options:
Deny the Petition
Entertain an Order Setting Hearing, or
Enter a Temporary Injunction until a hearing                      
Once the judge has rendered a decision, all the paperwork will be returned to the Clerk for processing. The Clerk will provide you with certified copies of the Temporary Injunction and Notice of Hearing, if rendered. You must return to the Clerk’s Office to pick up these copies. You should keep these copies with you at all times.
If the Respondent is located out of Flagler County, the Clerk’s office will mail the packet to the appropriate county for service by the Sheriff. The Sheriff will serve the Respondent as soon as possible. THE INJUNCTION IS NOT IN EFFECT UNTIL THE RESPONDENT IS SERVED.
If the Sheriff’s Office is unable to serve a copy of the Temporary Injunction on the Respondent prior to the hearing date, you still must attend the hearing.
You are required to appear at the hearing to give testimony, under oath, regarding the exact circumstances of the violence against you. The judge will also give the Respondent the opportunity to testify, under oath, regarding the Respondent’s recollection of the alleged incident.
You will be provided a copy of the Order in which the judge renders his ruling from this hearing. This Order should be kept on your person at all times.

What is the fee for filing an injunction?

There is no filing fee.

Do I need an attorney?

You have the right to hire an attorney to represent you, but it is not required.

Can I file an injunction for protection if I did not report the violence to the police?

Yes. However, acts of violence should be reported to the Police Department.

Can I file an injunction for protection on behalf of my child who is under eighteen years old?

Yes. Persons under 18 years old cannot file an injunction for protection without a parent or guardian present.

Can I request to have the final judgment modified, extended or dropped?

Yes, we have forms you may fill out. The motion to vacate, modify or extend will be forwarded to the Judge for a decision.

What happens if I fail to appear in court?

The Judge has several options, which he may take, including dismissal of the case.

Can I dismiss the injunction before the hearing?

Yes, by legal motion filed in the Clerk’s Office.

How does the person I file against get notified of the hearing?

After the hearing has been set, we send copies to the Sheriff’s Office for service on the respondent.

How does the sheriff serve the respondent?

Based upon information provided in your petition. Therefore, at a minimum you should include in your petition the respondent addresses, date of birth, and places the respondent may frequent. You may contact the Sheriff’s Office directly if you know that the respondent is located at a different address than what is listed on your petition.

What happens if the respondent violates the injunction?

If the Respondent violates any conditions of the Temporary or Permanent Injunction, you should first consider requesting the immediate assistance of local law enforcement. If the Respondent is not arrested, you may return to the Clerk’s Office for assistance in the preparation of an Affidavit of Violation of Injunction.
This will be reviewed by the State Attorney’s Office for further action.

 

TurboCourtTurboCourt – Flagler County

Interactive Family Law Program

ON-LINE FORMS PREPARATION HELP FOR FLAGLER COUNTY

Want help filling out your Family Law forms?
Want them printed out professionally?
Want the convenience of completing them in the comfort of your own home, office or library?
Want to learn about starting or responding to a Family Law case?

Try  www.turbocourt.com/florida/

TurboCourt™ guides you through a simple interview making sure you answer every important question required.  Easy to understand help on every important topic is just a mouse click away, and you will be well prepared to come to court.

TurboCourt™:

  • Asks you basic, easy-to-understand questions
  • Completes your forms automatically based on your responses
  • Gives you the opportunity to learn more about legal terms and court procedures
  • Allows you to provide more information than the standard court forms
  • Reviewed by consultants to ensure the questions, instructions and information are easy to understand
  • Allows you to print your completed forms for filing with the Clerk

TurboCourt™ Flagler County - for extra convenience, help, and preparedness

A computer with Internet connection and printer is required.  Computers are available at your local library.  Approved for use by the Flagler County Clerk of Circuit Court.

TurboCourt™ Documents Preparation Fee:  Family Law – $29.95

Click here to begin: Turbo Court: Family Law

 

 

*
The Clerk neither expresses or implies warrant that the information or data accessed by the customer is accurate or correct. The Clerk shall not be liable for any loss, cost, damage, or expense arising directly or indirectly in connection with this access. In no event shall the Clerk be liable for any special or consequential damages or for any indirect damages resulting from the Customer's use or application of the information accessed as a result of using this website.

 

 

* *
footer