Dissolution of Marriage
To obtain a Dissolution of Marriage in the State of Florida, at least one of the partners must have been a resident of this State for a minimum of 6 months prior to filing for divorce. You are not required to be a resident of the County where you file the case. There are two types of Dissolution of Marriage cases: Regular, and Simplified. When you file a Dissolution case, it becomes public record and the information is available to the general public. Newspapers or other media, in accordance with their policies, may choose to publish this information.
This type of case is required when you and your spouse have a dependent minor child together, or if the wife is pregnant, or if one spouse is not in agreement with the divorce. Issues regarding paternity, custody, visitation, spousal support, and child support must be resolved prior to the dissolution being granted. Other legal issues and tax related consequences might affect your actions. For these reasons, you may choose to hire an attorney to represent you in this type of case.
The Clerk & Comptroller cannot provide legal advice or any assistance with the completion of forms in a Regular Dissolution of Marriage action. If you choose to represent yourself in these matters, you are required to prepare your own legal documents, schedule hearings and otherwise proceed according to Florida law and Rules of Court. Once you have determined which will apply to your situation. Some general, standardized Florida Bar forms are available for purchase in the Clerk & Comptroller's Office.
It is necessary for both partners in the marriage to complete a court-required course related to divorce and children, before a final hearing is set. Failure to complete the course may cause the court to dismiss the action, or take other action against either parent. Information regarding this course will be provided to you after the case is filed.
If the Petition for Dissolution of Marriage is contested by either spouse and the issues can not be resolved, both sides will be required to attend a mediation hearing to settle the disputed issues before the Court will allow a final hearing to be scheduled.
Simplified Dissolution of Marriage
This type of action may be filed without an attorney, when all the following circumstances exist:
- Each spouse agrees the marriage cannot be saved.
- There are no minor children of the marriage and the wife is not pregnant.
- Each spouse has mutually agreed upon how the property and debts are to be divided.
- Neither spouse is seeking support (alimony or maintenance).
- Neither spouse is seeking financial information other than what is provided in
the standardized financial affidavit.
- Each spouse is willing to give up their right to a trial and their right to
appeal the outcome and all previously agreed upon matters.
- Each spouse is willing to come to the Clerk of the Circuit Court's Office to
sign the petition on the day of filing.
- Each spouse is willing to attend the same final hearing.
The Clerk & Comptroller may assist with the preparation of documents relating to a Simplified Dissolution of Marriage case. Each spouse must sign the Petition for Dissolution of Marriage. A Property Settlement Agreement must be prepared and each spouse must sign the agreement. A financial affidavit must be completed and filed by each spouse. A certificate must be signed in the presence of the deputy clerk or notary by a corroborating witness who knows that either the husband or the wife has lived in the State of Florida for more than six (6) months before the Petition for Simplified Dissolution of Marriage was signed. You do not need a witness if you have a valid Florida Driver’s license that is more than six (6) months old. The deputy clerk will schedule the hearing and give each spouse a notice of hearing at the time the case is filed and the filing fee is paid.
Some forms are provided online for your convenience. Forms can be completed by using Adobe Acrobat and then printed on your printer. However, the information you enter can not be saved if you are using the free Adobe Reader. If you are using the Adobe Reader, please complete and print the documents in the packet and bring with you to the Clerk & Comptroller's Office. If you do not have Adobe Acrobat installed on your computer, click the link below to download the free Adobe Reader.
Forms, Fees and Costs
Instructions For Completing Forms
- Press the tab key to advance from field to field, including check boxes. Case
number and division fields are to be left blank, this information will be
completed by the Clerk & Comptroller's Office.
- Press Shift+Tab (hold shift key down and then press the tab key) to return to
the previous field OR use the mouse and left-click in the field.
- Left-click or press the spacebar to select fields or boxes that require a
- Date fields require the date to be entered in mm/dd/yyyy format.
Simplified Dissolution of Marriage Forms
DISCLAIMER: These documents are not an attempt
by the Clerk & Comptroller to practice law or give legal advice, it is intended
to provide notice of procedures followed by the Clerk & Comptroller's Office at the
direction of the Courts. All forms are derived from either the Supreme Court
promulgated forms or Sixth Judicial Circuit Court approved forms. Forms are
subject to change without further notice by the Courts.
Fees and Service Costs
- Regular Dissolution of Marriage filing fee - $408
- Summons - Clerk & Comptroller to issue $10.00 or
Clerk & Comptroller to prepare & issue $17.00
- Simplified Dissolution of Marriage filing fee - $408
Payment for Fees and Costs
- Payment for Clerk & Comptroller's filing fees or other services may be submitted in cash,
personal in-state check with proper identification, in-state business check,
money order, bank check, Visa or Master Card. All payments
for fees and costs must be remitted in US currency.
DO NOT SEND CASH THROUGH THE MAIL.
Checks for filing fees must be made payable to:
Paula S. O'Neil, Clerk & Comptroller
- The filing fees and service costs are not refundable if the persons reconcile and do not wish to finalize the divorce case.
Family Law FormsFor family law forms, please visit the Self-Help Center located on the Florida State Courts web site.
Florida State Courts
Representing Yourself in Family Court
For general information and locally approved forms for the Sixth Judicial Circuit, please visit their website.
The Sixth Judicial Circuit
Department Contact Information
|DADE CITY||NEW PORT RICHEY|
|Paula S. O'Neil
Clerk & Comptroller
38053 Live Oak Avenue
Dade City, FL 33523-3894
(352) 523-2411 Ext. 2211
|Paula S. O'Neil
Clerk & Comptroller
P.O. Box 338
New Port Richey, FL 34656-0338
7530 Little Road
New Port Richey, FL 34654
(727) 847-2411 Ext. 2211