A DIVORCE IS A LEGAL ACTION FILED BY a married person or persons to end
the marital relationship. In addition to restoring the parties to
single status, the Court can issue orders for: spousal support; custody, visitation and child support for the minor
children of the marriage; and the division any shared property assets and debts.
In the State of Florida, there are two methods for filing divorce.
- A SIMPLIFIED DIVORCE MAY BE APPROPRIATE WHEN
- You or your spouse have been a resident of the State of Florida for at least the past six (6) months.
- You and your spouse are both able to appear at the Clerk of the Court’s Office to both file
the necessary forms to initiate the divorce action and to attend the final hearing in person.
- There are no children together born before or during the marriage, including by adoption,
and the partner, to their knowledge, is not pregnant as of the date the action is filed.
- You and your spouse are in agreement on how property, assets and debts are to be divided.
- A GENERAL DIVORCE MAY BE APPROPRIATE WHEN
- You have been a resident of the State of Florida for at least the past six months.
- Your spouse resides out of state or you do not know your spouse's whereabouts.
- There is a minor (under age 18) or dependent child of the marriage or the partner is pregnant.
- You and your spouse cannot agree on how property, assets and debts are to be divided.
- There is a need for spousal support (alimony).
Please note:
DEPUTY CLERKS CANNOT GIVE YOU ADVICE on your rights and obligations. Divorce can be a
complicated area of the law. If you have any questions or concerns, you should consider contacting an attorney.
YOU ARE NOT REQUIRED TO RETAIN AN ATTORNEY to file a Divorce; however you may desire to
consult with an attorney if you or your spouse have any questions concerning the use of the Family Law
forms or your legal rights prior to filing for a Simplified or General Divorce.
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Simplified Divorce
Also known as "Simplified Dissolution of Marriage"
A SIMPLIFIED DIVORCE IS a simple, inexpensive
means of ending a marriage for those couples who meet certain eligibility requirements (listed below). If you do
not qualify for a Simplified Divorce, you may wish to consult an attorney about the requirements for
filing a General Divorce .
IN ORDER TO FILE FOR A SIMPLIFIED DIVORCE:
- YOU AND YOUR SPOUSE MUST APPEAR TOGETHER at
any one of the three Pinellas County Clerk of the Circuit Court Offices' Civil
Court Records departments (Clearwater Courthouse, North County Branch, St. Petersburg Branch)
and jointly file the paperwork.
- EITHER YOU OR YOUR SPOUSE MUST HAVE RESIDED
in the State of Florida for at least the past six months. You will be required to provide proof
of residency. Proof of residency may be shown by a valid Florida driver license, a Florida voter's
registration card or the affidavit of a third party.
- BOTH YOU AND YOUR SPOUSE MUST AGREE
that the marriage cannot be saved.
- THERE MAY BE NO MINOR (UNDER AGE 18) or DEPENDENT CHILDREN
of the marriage and the partner cannot be pregnant.
- BOTH YOU AND YOUR SPOUSE MUST MUTUALLY AGREE
on how property, assets and debts are to be divided.
FORMS FOR FILING A SIMPLIFIED DIVORCE ARE AVAILABLE
from the Clerk's Office and the
Clerk’s Self Help Centers for a fee or may be obtained for free at the
Florida Courts website, http://www.flcourts.org/.
NOTARY SERVICES ARE AVAILABLE AT THE CLERK’S OFFICE FOR A FEE*.
YOU MAY OBTAIN COPIES OF DOCUMENTS you are filing
at the Clerk’s Office for a FEE*.
THE FILING FEES FOR SIMPLIFIED DIVORCES
are set by Florida Statute and Pinellas County Ordinances, and are subject to change. The filing fee
is due at the time of filing your Petition for Simplified Dissolution of Marriage at the
Clerk’s Office.
A HEARING TO FINALIZE YOUR SIMPLIFIED DIVORCE WILL BE SCHEDULED
at the earliest possible date dependent upon the court's schedule. The hearing will be scheduled by a Deputy
Clerk upon the filing of the paperwork and requires the in-person consent of both parties.
The hearing must
be at least twenty-one (21) days from the date the paperwork is filed with the Clerk of the Circuit Court.
Both you and your spouse are required to attend the hearing; if one of you is not present,
your case will be subject to dismissal and you will have lost your filing fee. There are no refunds of
fees.
IF YOU BELIEVE YOUR MARRIAGE CAN BE SAVED,
you should investigate all possible ways to save it before you file for a Simplified Divorce.
If, after
filing for a Simplified Dissolution of Marriage, you believe your marriage can be saved and the divorce
avoided, you and your spouse may file a Motion to Dismiss the Petition for Simplified Dissolution of
Marriage. Both parties are required to come into the Clerk's Office and
both must sign the Motion. You may file such a motion by completing a
generic motion form,
titling it Motion to Dismiss the Petition for Simplified Dissolution of
Marriage, and submitting it to the Clerk’s Office. Please note, you will not recover
your filing fees or any court costs once your case has been filed if your case is dismissed.
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General Divorce
Also known as "Dissolution of Marriage With Children" or "Dissolution of Marriage With No Minor Children"
FORMS and INSTRUCTIONS FOR FILING A GENERAL DIVORCE ARE AVAILABLE
from the Clerk's Office and the
Clerk’s Self Help Centers for a fee.
These forms, Dissolution of Marriage with Minor Children or for
on the Sixth Judicial Circuit's website (www.jud6.org).
BEFORE FILING YOUR FORMS with the
Clerk's Office you should:
- Have your forms notarized where applicable.
- Make a set of copies for your records.
- Make a set of copies to have served on your spouse, who we will refer to as "the Respondent".
YOU MAY HAVE YOUR FORMS NOTARIZED AT THE CLERK’S OFFICE FOR A FEE
if you are unable to obtain the services of a notary prior to filing.
YOU MAY OBTAIN COPIES OF DOCUMENTS you are filing
at the Clerk’s Office for a FEE.
THE FILING FEES
FOR A GENERAL DIVORCE
are set by Florida Statute and Pinellas County Ordinances, and are subject to change. The filing fee is due at the time of filing your "Petition for Dissolution of Marriage" at the Clerk’s Office.
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Service of Process
SERVICE OF FAMILY LAW SUMMONSES
along with copies of the papers you are filing upon the Respondent will be required. To have the
summons served, you will need to contract with a Private Process Server,
click here for a list of Pinellas County appointed process servers.
THE RESPONDENT MAY WAIVE THE SERVICE REQUIREMENT
by filing an
Answer and Waiver of Service notarized and specifically stating that they are waiving the required
twenty (20) day waiting period.
IF THE RESPONDENT LIVES OUTSIDE PINELLAS COUNTY
and you desire that the Clerk’s Office forward your Family Law Summonses and copies of the papers you
are filing to
the Sheriff’s Office of the county in which the respondent lives or the private process server you are having serve the papers, you must provide
the Clerk’s Office with the appropriate fee for service and an envelope with appropriate postage for mailing.
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Answering the Petition
ONCE SERVED
the respondent will have twenty (20) calendar days to respond in writing to your Petition for
Dissolution of Marriage.
IF THE RESPONDENT FILES THE NECESSARY RESPONDING PAPERWORK the case will then proceed as either a contested matter or an uncontested matter.
- The action is considered contested if the parties are unable to agree on some or all issues and the unresolved issues must be resolved by the Court.
- The action is considered uncontested if the parties are able to cooperate and agree on all issues outside of Court and the matter can proceed to its conclusion by submitting the necessary signed paperwork for the Court's signature.
IF YOU ARE UNABLE TO LOCATE THE RESPONDENT
to have them personally served you will be required to have them served by
constructive service (also referred to as service by publication). The service will be published in the newspaper of
your choice for a period of thirty (30) calendar days and you will be billed for the publication.
Constructive service forms and instructions are available on the
Sixth Judicial Circuit’s website.
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Default
IF THE RESPONDENT DOES NOT FILE AN ANSWER
within the required waiting period of 20 calendar days, you may file a
Motion for Default and Default form. You may then complete your divorce proceedings without the participation
of the Respondent.
ONCE A DEFAULT IS ENTERED or THE RESPONDENT
FILES THEIR ANSWER, YOU MAY SCHEDULE YOUR HEARING BY
contacting the Family Law Division at (727) 582-7200. The hearing will be scheduled on the
earliest possible date dependent upon the court's schedule. You will be required to fill out
and file a Notice of Hearing
form upon contacting the Family Law Division and must provide the
original to the Clerk’s Office and a copy to the Respondent.
If you have any further questions you may contact one of the offices below, or the one of the Self Help Centers.
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Divorce petitions and other related paperwork, may be filed
and additional information is available at any of the following Clerk's Office locations. Please Note: For faster and more efficient service all paperwork being mailed should be sent to the Civil Court Records address.
For more information call (727) 464-7000
CIVIL COURT RECORDS
315 Court Street, Room 170
Clearwater, FL 33756
NORTH COUNTY BRANCH OFFICE
29582 U.S. 19 North
Clearwater, FL 33761
ST. PETERSBURG BRANCH OFFICE
545 First Avenue North, Room 101
St. Petersburg, FL 33701
Office hours for these and all Clerk's locations may be found here.
Persons with disablilities requiring reasonable accommodations to use the services provided should
call (727) 464-4062 (TDD or Voice). Please call 24 hours prior to coming to the courthouse.
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*The current fees may be determined by calling one of the offices listed at
the bottom of the page or by referring to the current
"Schedule of Services Charges"
brochure available online or in any one of the Clerk's Offices.
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