Starting the divorce process, known as “dissolution of marriage” in Florida, can feel overwhelming. The legal steps must be followed correctly to avoid delays in your case.
This guide will walk you through the precise process for initiating a divorce in Broward County. The journey begins when you file the necessary legal paperwork with the court. Understanding these initial actions is crucial for a smoother experience.
Florida’s divorce process
Here are the essential steps you must take to begin your divorce case in Fort Lauderdale and throughout Broward County.
Step 1: Meet residency and grounds requirements
Before you can file, you must first confirm that the court has the power to hear your case. This involves meeting two main requirements. Eligibility to file a divorce petition requires that one spouse has lived in Florida for six months or longer.
You must also state a valid ground when filing the Petition for Dissolution of Marriage. Florida is a “no-fault” state, meaning you only need to confirm that your marriage is “irretrievably broken” and is unsalvageable.
Step 2: Choose the correct type of divorce
The court process changes depending on your family and financial situation. Choosing the correct filing path is a necessary step.
- Simplified dissolution: Available only to couples who meet all eligibility requirements, including having no minor or dependent children, agreeing on all terms, not seeking alimony and waiving their right to a trial and appeal.
- Regular dissolution: You must use this process if you have minor children, cannot agree on dividing assets or have other major disputes.
Step 3: Gather and complete all required forms
Gathering and completing paperwork accurately is often the most critical and time-consuming part of the process. The exact forms you need (listed below) will vary depending on whether you have children or if your spouse contests the case.
You must complete all forms and have certain documents sworn to or affirmed before an officer authorized to administer an oath. The Financial Affidavit, Notice of Social Security Number, Affidavit of Corroborating Witness and Marital Settlement Agreement are the most common documents with this requirement. The Petition for Dissolution of Marriage usually only requires a signature.
It’s essential to take your time and be thorough when you complete this step. Mistakes on court forms can cause unnecessary, costly delays.
Step 4: File the forms at the courthouse
Once your forms are complete and properly signed (and sworn or notarized where required), you must file the original documents. You will do this at the:
- Broward County Central Courthouse, 201 SE 6th St, Fort Lauderdale, FL 33301
At the Clerk of Court’s office, you must pay the required filing fee. If you need financial assistance with court costs, you can file an Application for Civil Indigent Status to request a formal fee waiver. The clerk will then assign you a unique case number.
Step 5: Arrange proper service of process
You, as the filing spouse (petitioner), must formally notify your husband or wife (respondent) about the divorce. This legal notice is known as “service of process.”
You typically arrange for a sheriff’s deputy or a private process server to hand-deliver a copy of the petition and a summons to your spouse.
Once the other party receives these documents, the court has officially notified them, and a response period begins. Your spouse has 20 calendar days from the date of service to file a formal response with the court.
Step 6: Attend the final hearing
The required waiting period begins from the date you file your Petition for Dissolution of Marriage, and a final judgment cannot be entered until at least 20 days have passed since that filing date.
The hearing is your opportunity to appear before a circuit judge who will review your agreements or make a final decision on your unresolved issues.
Essential Florida family law forms
The Florida State Courts System provides specific forms that you must file. Here is a checklist of required information for the court.
- Petition for Dissolution of Marriage (with or without minor children)
- Family Law Civil Cover Sheet
- Financial Affidavit (short or long form, depending on your income)
- Uniform Child Custody Jurisdiction and Enforcement Act (UCCJEA) Affidavit (when you have minor children)
- Marital Settlement Agreement (used only if your divorce is uncontested and you have agreed on all terms)
- Notice of Social Security Number (mandatory in all dissolution cases)
Remember, you must complete the specific forms that match your situation, such as having children or significant assets. The court may also require supporting documents in specific circumstances. Your attorney will advise you when additional documentation is needed.
Contact us for a free consultation
To file for divorce in Broward County, you must pay close attention to every detail and legal rule. The process is a series of documents and deadlines, and missing a single step can jeopardize your future. Contact us today by calling 754-732-7482 or using our convenient online form to schedule a free consultation.
At Stuart N. House, P.A., we are with you every step of the way to skillfully guide you through the complexities of a Florida divorce. With over 30 years of experience, attorney Stuart N. House can help you take control of your future with confidence and clarity.