To obtain a dissolution of marriage in the State of Florida, at least one of the parties must be a resident of this State for a minimum of six months prior to filing the Petition for Dissolution of Marriage. Although it is not necessary to have an attorney, prior to entering into any agreement or signing any pleading each party may wish to consult with an attorney to ensure that his or her rights are being protected and to be advised of the legal and tax-related consequences of signing any document.
When you file for a dissolution of marriage, the action becomes public record, and the information is available to the general public. Newspapers, in accordance with their policies, may or may not print this information.
There are two types of marriage dissolutions:
- Dissolution of Marriage
- Simplified Dissolution of Marriage
Dissolution of Marriage
Regular Dissolutions of Marriage are usually filed with the advice and assistance of an attorney. In some instances, individuals do file for a dissolution of marriage without an attorney.
Individuals wishing to file on their own behalf may also review the Supreme Court Approved Forms available in the local law libraries and www.flcourts.org.
The Clerk’s Office is prohibited by law from providing legal assistance or advice in these matters.
The filing fees for a Dissolution of Marriage is $408.00. Fees are non-refundable even if the parties wish to reconcile and dismiss the dissolution.
Simplified Dissolution of Marriage
A Simplified Dissolution of Marriage is a simple legal procedure for couples who meet the eligibility requirements. You and/or your spouse must have lived in Florida for at least 6 months before filing for a dissolution in Florida.
You may file a simplified dissolution of marriage in Florida if all of the following are true:
- 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 now 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 support (alimony) from your spouse, and vice versa.
- 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).
If you do not meet the criteria above, you must file a regular petition for dissolution of marriage.
The filing fee for a Simplified Dissolution of Marriage is 408.00. Please note that the filing fee is not refundable should the parties wish to reconcile and dismiss the case.
A hearing date is set by the Judge’s office at the earliest convenient date. A Notice of Hearing will be mailed or e-mailed to both parties. Failure to appear at the hearing by either or both of the parties may result in dismissal of the case.
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 basic of marriage dissolutions:
Standard Dissolution of Marriage (which may or may not include children or property.)
Simplified Dissolution of Marriage (no children or property and both parties must sign the petition, and both must appear in court.)
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 signature. 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. If the person to be served resides outside of Flagler County, then the petitioner must get the summons service packet to that Sheriff’s office and pay their required fee. Once service has been affected, it is the petitioner’s responsibility to ensure the Clerk’s Office receives the verified return of service.
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 affect 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 or the Palm Coast Observer and arrange for payment of the publication of the notice.
When does the Clerk issue a default?
Proof of service of a summons or a Proof of Publication from the newspaper 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 or any document into the case, no default will be issued.
When will my case be set for a hearing?
The Court’s Case Manager reviews all new dissolution cases and upon review of the case, an Order of Referral to the General Magistrate will be issued (a notice of hearing will come from the General Magistrate’s office) or a date before the presiding judge will be set. This process can take 30 – 90 days.
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 your Florida driver license. If appearing by zoom it is your responsibly to get a copy of your Driver license to the clerk’s office to be added to your case file. At the hearing the General Magistrate takes testimony of the parties. The General Magistrate can, if needed, continue the hearing, set the case for mediation, or prepare a Report and Recommendation for the Judge’s review. If a Final Judgement is recommended and approved, the Judge will sign your Final Judgment of Dissolution. The Clerk will then forward copies of the Final Judgment to the parties either by mail or to their email address if provided.
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. (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.