Procedure For
Contested & Uncontested Divorces
in Seminole County

The documents that you will need to file must be filed with the office of the Clerk of the Circuit Court. The Seminole County clerk’s office is located in the county courthouse or a branch of the courthouse. Below are the documents in which you will need to file and a brief description of those documents.

The first thing you need to determine is whether you meet the "RESIDENCY REQUIREMENT" for filing for a divorce. The person filing for a divorce must have resided in the state for 6 months before the Petition for Dissolution of Marriage is filed.

You can prove residency by filing a copy of your Florida Driver’s License or Voter Registration Card if it was issued more than 6 months before you filed for your divorce, or you can bring someone to your final hearing that you have known for that period of time that will testify that you meet the residency requirement or you can have that person file an AFFIDAVIT OF CORROBERATING WITNESS.

Every case that is filed with the Clerk’s office is required to have a CIVIL COVER SHEET

If you do not have dependent or minor children or real or personal property, you will need to file the PETITION FOR DISSOLUTION OF MARRIAGE WITH NO PROPERTY OR DEPENDENT MINOR CHILDREN

If you do not have dependent or minor children, but you and your spouse do own either real or personal property, you will need to file the PETITION FOR DISSOLUTION OF MARRIAGE WITH PROPERTY WITHOUT DEPENDENT MINOR CHILDREN

If you have dependent or minor childrenyou will need to file a PETITION FOR DISSOLUTION OF MARRIAGE WITH DEPENDENT MINOR CHILDREN

Once you file for your divorce, a copy of the documents must be served on your spouse. HOWEVER, if you and your spouse agree on the divorce and all of the decisions involved in it, you spouse can file an ANSWER AND WAIVER

By filing this form, your spouse, acknowledges receiving a copy of the Petition and admits to everything stated in the Petition, waives service of process and waives notice of the final hearing. THIS DOCUMENT WILL ALLOW THE CASE TO PROCEED "UNCONTESTED’ without the added delay and expense of paying for the documents to be served on your spouse by the Sheriff or private process server.

If your spouse doesn’t file an Answer and Waiver, the PETITION FOR DISSOLUTION OF MARRIAGE AND ALL ACCOMPANYING DOCUMENTS will have to be personally served on him or her by a deputy sheriff or private process server.

Along with the petition, you will need to have a SUMMONS AND PROCESS SERVICE MEMORANDUM

Once the documents are filed, the clerk will sign the Summons, and then the summons, the Process Service Memorandum, and a copy of the documents you have filed need to be delivered to the Sheriff or private process server for service on your spouse. In the Process Service Memorandum, you give the sheriff’s department or private process server the information that he or she will need to serve the documents. After your spouse is served, the deputy sheriff or private process server will file a document with the clerk’s office that states under oath that service was made and gives the details of the service.

If you are unable to locate your spouse then you can proceed with "Constructive Service". Where constructive service is used, the court is limited in what it can do beyond granting the divorce. In order to proceed you will need to file an AFFIDAVIT OF DILIGENT SEARCH AND INQUIRY and a NOTICE OF ACTION FOR DISSOLUTION OF MARRIAGE

The Notice of Action is signed by the Clerk of the Circuit Court. You are responsible for delivering a copy to a local newspaper in the County in which you filed for publication. The date which is placed in the Notice of Action by the Clerk of the Court, is the date your spouse or (Respondent) is given to file an Answer with the Clerk of the Court.

If you do not know where your spouse lives and there is a possibility that he or she may be serving in the United States military or U.S. Public Health Service, you will need to contact each of the military services and the Public Health Service.

To assist you, you may want to use a MEMORANDUM FOR CERTIFICATE OF MILITARY SERVICE

Fill out this form and mail one copy to each of the military offices at the addresses on the form, with a self addressed stamped envelope to be returned in. You may be charged a service fee by each military service branch for their response. 

After you have received a verification of non military status from each branch, you will need to attach those verifications to a Non Military Affidavit.
If you have served your spouse and they have not filed a written response or "answer" to your petition within 20 days after being served, then you will also need to file a Non Military Affidavit. NON MILITARY AFFIDAVIT

If your spouse has been served, either by Sheriff or publication, and a written response has not been filed within the time period allowed (by Sheriff or process server, 20 days) (by publication, the date on the Notice of Action), you need to file a MOTION FOR DEFAULT asking that a default be entered in the case.

If a DEFAULT is entered, the case can proceed without your spouse’s input, participation or cooperation.

NOTE: BEFORE YOU CAN OBTAIN THE DEFAULT YOU MUST FILE THE ORIGINAL SUMMONS AND PROOF OF SERVICE OR ORIGINAL PROOF OF PUBLICATION FROM THE NEWSPAPER IF THE NOTICE OF ACTION WAS PUBLISHED IN THE NEWSPAPER.

After the Default has been entered, you will need to obtain a hearing date and send out a Notice of Hearing. NOTICE OF HEARING

Under the Florida Family Law Rules of Procedure, each party is required to provide the other party with copies of certain financial records and documents. However, you and your spouse can agree to waive the production of all documents required under the mandatory disclosure rules except for the financial affidavit. You cannot agree to waive the filing of financial affidavits. There are 2 different financial affidavits for you to choose from. Which one you need to file will depend on how much money you make.

If your gross income is less than $50,000 you will need to file the FAMILY LAW FINANCIAL AFFIDAVIT (SHORT FORM)

However, if your gross income is $50,000 or more you will need to file the FAMILY LAW FINANCIAL AFFIDAVIT (STANDARD FORM)

Both you and your spouse will also need to file a NOTICE OF SOCIAL SECURITY NUMBER with the court. The disclosure of your social security number is subject to the limitations set out on the face of the form.

AT THIS POINT THOSE PERSONS WHO ARE FILING FOR A DIVORCE WITH NO CHILDREN AND NO PROPERTY CAN SKIP TO THE FINAL JUDGMENT SECTION BY CLICKING HERE

If there is property involved or debts and the parties can reach an agreement as to those issues, then the parties can enter into a Marital Settlement Agreement.

IF YOU DO NOT HAVE DEPENDENT OR MINOR CHILDREN YOU WILL NEED TO FILE A MARITAL SETTLEMENT AGREEMENT FOR DISSOLUTION OF MARRIAGE WITH NO DEPENDENT OR MINOR CHILD(REN)

IF YOU DO HAVE DEPENDENT OR MINOR CHILDREN YOU WILL NEED TO FILE A  MARITAL SETTLEMENT AGREEMENT FOR DISSOLUTION OF MARRIAGE WITH DEPENDENT OR MINOR CHILD(REN)

BEFORE THE AGREEMENT IS COMPLETED YOU WILL NEED TO FILL OUT THE CHILD SUPPORT GUIDELINES WORKSHEET FIRST

If you have children then you will need to figure out what the child support amount is. Child support is money that is paid for the benefit and support of the minor child(ren). It is not paid for the benefit of the former spouse who is the primary residential parent. Since child support is paid for the benefit of the child, it cannot be waived by the parents.

To figure out what the child support obligation would be in your case, you will need a CHILD SUPPORT GUIDELINES WORKSHEET and a CHILD SUPPORT GUIDELINES CHART

IF THE PARTIES ARE UNABLE TO REACH AN AGREEMENT , THEN YOUR CASE BECOMES "CONTESTED".

Contested cases are heard by the court at trial. In order to set your case for trial, you will need to file a NOTICE FOR TRIAL

Uncontested and default cases come before the court at final hearing. To set your case for final hearing, you will need to file a NOTICE OF HEARING

At this point, you will need to contact the Family Division Case Coordinators to schedule your final hearing. They will provide you with the information in which