How Can I File for a Divorce in Florida?

Florida state law offers no-fault divorces, allowing the emotional toll on a divorce proceeding to be less traumatic on parties.

Filing a divorce in Florida is similar to many states across the country. Florida has no-fault divorce, meaning that neither party needs to be blamed for the dissolution of marriage. Fault may be considered in certain details of the divorce proceeding or if one partner is contesting the divorce. However, in a court of law, one person in the marriage needs to state that the marriage is "irretrievably broken" according to Florida state law.

Things You'll Need

• Marriage certificate
• Proof of residence

Instructions

1. Discuss divorce with your partner. Only perform this step if you know that the divorce will be mutual. In Florida, you do not need to consult with your partner before beginning the divorce process.

2. Go to your local circuit court office. The court clerk's office will have a petition form called the "Petition for Dissolution of Marriage." The petition can be filled out in that office or at home.

3. Fill out the petition to the best of your ability.

4. Order a copy of your marriage certificate. Florida state law requires that the circuit court investigate your marriage certificate to see that you are actually married to your partner. Marriage certificates can be ordered from the Office of Vital Statistics (doh.state.fl.us/planning_eval/vital_statistics) in Jacksonville, Florida.

5. Gather evidence that you have been a Florida resident for at least six months. Florida can only allow the divorce to happen if you can provide proof you are a resident. This may include utility bills or mail from the last six months.

6. Give the circuit court clerk the petition, with or without your partner's signature, and the proof of residence and the marriage certificate.

7. Wait for your partner to reply. As soon as you file with the circuit court, the court will immediately notify your partner, if your partner did not file with you. Your partner will have 20 days to respond. Once your partner responds, the divorce proceedings begin.

Tips & Warnings

• Florida provides financial assistance to partners who file the divorce petition. The temporary assistance is given to the partner if they ask; it may include help with childcare and community bills.

• During the 20-day response period, your partner can prepare for the divorce proceedings by citing faults on your side or trying to find a mutual way to divide property. This is also a time where the partner may try to work on the marriage, but only within the 20-day framework. If your partner does not respond to the petition of divorce, the judge will side with your petition and any request you make concerning property and child support.

References

• The Florida Bar: Divorce In Florida Pamphlet
• Lawyers.com: Divorce in Florida
• Florida Department of Health: Marriage and Divorce Certificates

Resources

• Florida Department of Health: State of Florida Vital Records