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FAQs Florida Divorce

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Common Florida Divorce Questions

1. How do I get a divorce?

   YOU CANNOT GET A SIMPLIFIED DIVORCE IF YOU HAVE CHILDREN, EVEN IF YOU AND YOUR SPOUSE ARE NOT CONTESTING ANYTHING.

   If you have children, think your divorce might be contested, or cannot find your spouse, you should have a lawyer, but if you must proceed without a lawyer, contact the Clerk of Court for forms to be used in filing a Petition for Dissolution of Marriage.

   There are several mandatory forms that must be filed in cases with minor children, such as a Financial Affidavit and a Uniform Child Custody Jurisdiction and Enforcement Act affidavit. You must also attend, in person, an approved parent education and family stabilization class.”

2. I cannot find my spouse to be served with the Petition for Dissolution of Marriage. What can I do?

   You may explore a method called Constructive Service when your spouse cannot be located to be personally served with the Dissolution (Divorce) petition. You can do this by posting or publication.

   You should contact the Clerk of Court for more information on this method. Constructive service is a very technical area of the law; legal advice is strongly recommended. Failure to correctly follow the law may prevent you from getting divorced.

3. These forms are too confusing. I don’t understand some of the words. Can the court help me fill them out?

   The court cannot assist you in filling out the forms. If you think you need assistance, see the Florida legal aid and resources page for more information.

4. What’s a Petition?

   Petition is a legal term, but basically it is just a piece of paper that tells the judge what you want and why you think you should get it. Petitions are used to start several different types of lawsuits, such as divorce, paternity, modification of child support, etc. All Petitions require personal service on the other party by the Sheriff or a private process server.

5. I filed a petition for divorce and there was no answer. What do I do now so I can get a hearing. Somebody told me something about a default motion and a non-military affidavit, what are those and where do I get them?

   If the Petition was served on your spouse and your spouse did not file a written response within twenty (20) days of the date of service, you may go to the Clerk of Court and ask for a Request for Default form. Note: the clerk cannot process defaults until 25 days has lapsed due to allowances for postal mail.

   You will also have to complete a Nonmilitary Affidavit, stating that your spouse is not currently serving in the military. After you have completed and filed these forms, the Clerk may enter a Default, if appropriate, in your case.

   Once the Default is entered, you may proceed with your case without further notice to your spouse. However, the law requires that your spouse receive notice of any final hearing in the dissolution (divorce) action.

6. The Clerk requires that I file a Nonmilitary Affidavit before they will enter a default in my case. My problem is, my wife IS in the military, so I can’t truthfully file one. Does this mean I can’t get a default?

   It probably means you can’t get a default issued by the Clerk. You can also have your Motion for Default heard by a judge or one of the General Magistrates instead of requesting one from the Clerk. However, this situation is complicated by Federal Law and you should have a lawyer assist you.

7. I can’t afford to pay for the parent education and family stabilization course. The Clerk told me to call you.

   You may contact the Clerk again and ask them for their form “Motion to Waive Fee” for this course. The Clerk will bring the Motion to the judge’s attention. You will be notified of the judge’s decision when you receive a copy of the Order in the mail.

8. I already took a parenting divorce course twice in Michigan during my last two divorces. Do I HAVE to take this one?

   You may contact the Clerk of Court and request a form Motion to Waive Attendance at this course. The Clerk will bring the Motion to the judge’s attention. You will be notified of the judge’s decision when you receive a copy of the Order in the mail.

9. Do I have to attend the parent education and family stabilization class in person or can I take a class on the internet?

   You must attend a class in person. If you have a very good reason that you cannot attend a class in person (for example you live outside of Florida) then you must ask the court’s permission to take a class online. You must have the court’s permission before you take an internet class.

10. I cannot pay my child support payments because payments are too high/I am disabled/I’m out of work/the child is deceased/the child is living with me. What can I do?

    If you want your child support payments lowered or discontinued you must file a written Petition for Modification specifically asking the court what it is you want and why. The Petition, accompanied by a current financial affidavit, must be personally served on your spouse, and you must set a hearing before a Judge, General Magistrate, or Hearing Officer.

11. The Hearing Officer ordered me to pay child support, yet I do not have visitation rights with my child. What can I do?

    The Hearing Officer only has the authority to address issues of support. If you want Shared Parental Responsibility or visitation issues addressed, you must file a written Petition asking the court for what you want and why, and schedule a hearing with written notice to the other party. Remember, all Petitions must be served by personal service, you may not mail it or hand deliver it.

12. My daughter left for the military and left her child in my custody. I need to get a court order to enroll her in school. How do I go about that?

    You may contact the Clerk of Court, Juvenile Division, to obtain forms entitled “Petition for Temporary Custody Under Chapter 751.” This procedure may only be used when both legal parents are in agreement with the custody arrangement.

13. My son just got divorced and my former daughter-in-law will not let me see my grand-babies. Do I have any rights?

    You can investigate filing for grandparent visitation. Before filing this petition you are encouraged to seek legal advice. You must ask the court, in writing, what you want and why, and set a hearing. You must provide notice to your son and former daughter-in-law.

14. My ex is not paying the court ordered child support. If I can only talk to the judge to explain, and I know he/she will throw him in jail.

    You may not speak to the judge/General Magistrate/hearing officer unless you have filed a written motion and properly scheduled a hearing with notice to all parties.

    There are two forms that cover this issue, a Motion form and a Motion for Contempt or Enforcement. Either of the forms may be used. You should fill the forms out the best you can, telling the judge what it is you want and why. You must then file your motion, send a copy to the other party and call to schedule a hearing. Depending upon where your case is located you may also be required to send the other party a Notice of Hearing.

    You might also contact the Florida Department of Revenue at 800-622-5437 to request their assistance in obtaining your child support.

15. What should my Motion say?

    The court cannot tell you what your Motion should say. You should try your best to tell the judge what it is you want the court to do, and why you think the court should do it. Your Motion should not just focus on what you personally think is right, but should be supported by evidence and applicable law. It is always advisable to seek legal advice before coming to court.

16. My child’s father keeps threatening to take my baby away. I want permanent custody.

    If you are married, both parents have equal “custody” rights to the children unless and until there is some court action to the contrary.

    If you and the father of the child were never married, and there is no court order establishing paternity, the father technically does not have any legal rights or responsibilities as to the child. Either party can file a Petition or Complaint to establish paternity. If you have an existing Department of Revenue Child Support Enforcement case, the issues of custody and visitation must be added to that case by filing a supplemental petition to add those issues.

17. I just tried to pick my child up from visiting his grandparents and they won’t give him back, what do I do?

    Call the police or Sheriff’s Department for assistance. If there is no court action and the Department of Children and Families is not involved in your case, you as the parent have the sole right to custody of your child in relation to disputes between persons not the parents of the child.

18. I’m not satisfied with how long it’s taking Department of Revenue (DOR) to go after my child’s father for child support. How can I file the paperwork myself and get the support started now?

    If an order for child support has already been entered, you may obtain a form “Motion” packet. You should fill it out the best you can, telling the judge what it is you want and why. You should attach a copy of your Order or Final Judgment that sets the child support amount. You must then schedule a hearing, and copy the other party with your Motion and Notice of Hearing.

    Procedures will be different if the other parent has never been ordered to pay child support.

19. I’m going to be out of work for 3 months because of work slow downs and a temporary layoff. I need to do something temporarily so I won’t be in arrears, what do I do?

    You may obtain a Motion form. You should fill it out the best you can, telling the judge what it is you want and why. You must then schedule a hearing, and copy the other party with your Motion and Notice of Hearing and the Judge or hearing officer will consider your request. If you will experience a permanent change in your salary, then a supplemental petition may be more appropriate. Seek legal advice.

20. My ex-spouse uses the times when he/she picks up the children for visitation to try to cajole me into coming back, harass me, or start fights with my boyfriend/girlfriend, in front of the children. What can I do to stop this behavior?

    Mediation is sometimes a useful tool in working out these problems. You may obtain a form Motion in the court's law library on the internet. You must complete this form, file it and send it to the other party in your case.

    Once at mediation, you and your ex-spouse can work out a detailed schedule that meets your current needs.

    If mediation doesn’t work, you may obtain a Motion form. You should fill it out the best you can, telling the judge what it is you want and why. You must then schedule a hearing, and copy the other party with your Motion and Notice of Hearing.

    If personality conflicts or other issues prevent communication between you and the other party you can request information on the Parent Facilitator Program or the CASA Visitation Center.

21. My spouse just picked my children up for visitation and left the state without my permission. He kidnapped them! I want my kids back, I’m afraid I’m never going to see them again! What do I do, the police won’t help me and I can’t afford an attorney?

    If you think your child has been kidnapped, you should contact the Office of the State Attorney or local police. If you know where your child has been taken, you will probably have to go to court there and show your Florida judgment giving you custody of your child.

22. I’m trying to sell my house and now I find out that the Clerk of Court has filed a child support lien against my house. How do I get rid of this? I’m not in arrears, the account is wrong.

    You may obtain a Motion form. You should fill it out the best you can, telling the judge what it is you want and why. You must then schedule a hearing, and copy the other party with your Motion and Notice of Hearing.

23. My wife had custody. The Department of Children and Families did a dependency action and I got the child, but child support continues coming out of my check. What’s happening - DCF told me they would take care of everything?

    You may obtain a supplemental petition packet. You should fill it out the best you can, telling the judge what it is you want and why. You should attach a copy of your dependency court order. You must then serve the other party by sheriff or licensed process server and schedule a hearing. You may also be required to complete and send out the Notice of Hearing to the other party.

    If the Department of Revenue is involved in the case, you should contact them and send them a copy of the dependency order.

24. I don’t mind my ex having visitation but I don’t like the other people that are around my child during visitations. I want the judge to tell him/her that these people are not allowed around my child!

    Unless your court order or final judgment puts limitations on your ex spouse’s contact with your child, there is probably not much you can do. If you feel your child is in some kind of danger, you can contact the statewide Abuse Registry at 1-800-962-2873. You might also obtain a Motion form. You should fill it out the best you can, telling the judge what it is you want and why.

    You must then schedule a hearing, and copy the other party with your Motion and Notice of Hearing. Pinellas County also has a Parent Facilitator Program and a Visitation Center, you may want to investigate one of these programs as well.

25. My husband’s new wife slaps my son around and I want her told to stop it! What can I do?

    If you feel your child is in some kind of danger, you can contact the Abuse Registry. You might also obtain a Motion form. You should fill it out the best you can, telling the judge what it is you want and why. You must then schedule a hearing, and copy the other party with your Motion and Notice of Hearing.

26. I filed a petition to change my child’s name but I have no idea who the father is so I can’t serve him.

    You can file the Petition but it will be up to the judge to decide whether to grant it since the father does have a right to notice. You should seek legal advice before proceeding.

27. My new husband wants to adopt my children. I have no idea where their father is so I can’t serve him, DOR can’t even find him. Why do I have to work so hard to find him when they can’t either?

    The natural father has a right to notice of the adoption. You must make a diligent search for the father. Also keep in mind that adoptions are a highly technical area of the law which receive close judicial scrutiny. You should seek legal advice before attempting to file your own adoption action. It is desirable that you retain a lawyer to handle the adoption for you.

28. When we got divorced the court only put in the paperwork “liberal access” when it talked about visitation what does that mean? This needs to change, he/she shows up whenever he/she wants to and expects to be able to take the kids and it’s causing problems. How can I change this?

    Mediation is sometimes a useful tool in working out visitation problems. You may obtain a form Motion from the law library or from our internet site at www.jud6.org. You must complete this form, file it and send it to the other party in your case.

    Once at mediation, you and your ex-spouse can work out a detailed schedule that meets your current needs.

    If mediation doesn’t work, you may obtain a form “Motion” packet. You should fill it out the best you can, telling the judge what it is you want and why. You must then schedule a hearing, and copy the other party with your Motion and Notice of Hearing.

    If personality conflicts or other issues prevent communication between you and the other party you can request information on the Parent Facilitator Program or the CASA Visitation Center.

29. My husband and I just got divorced. We agreed that there wouldn’t be any child support, so why did the judge order it?

    Child support is a benefit for the child. It cannot be waived by the parents. The court must follow the law even if you do not want child support.

30. I’m under 18 and I got my girlfriend pregnant. Now I’ve found out that her mother is planning to take my baby out of the State after it’s born and put it up for adoption. I don’t want that, I want my child. Can I file something to stop her from doing this. The baby isn’t due for another 3 months.

    You cannot, as a minor, file a lawsuit. You might have one of your parents or guardians, on your behalf, file a Motion or Petition for an injunction asking the court to prevent the child from being removed from the state.

31. I don’t care for the way my daughter is taking care of her child, I want custody. They got divorced in Pinellas County, how can I ask to get custody?

    You should seek legal advice on your rights as a Grandparent. If you feel the child is being abused or neglected you should contact the Department of Children and Families Abuse registry at 1-800-962-2873.

32. I have a custody order from another state. My spouse took our child to Florida without my permission. How can I get my out of state order enforced?

    You must personally appear at the Clerk of the Circuit Court. They have established a procedure whereby you may request that the court recognize and enforce your out of state order. You should bring a certified copy (must have original notary seals) of your out of state order with you.

33. I have an order for visitation/child support that came from another State/County. I’ve lived here for awhile and now my ex isn’t honoring this order. How can I get this transferred into this court?

    Visitation: If you have an order or judgment from another jurisdiction, to enforce it you first must register it with our Clerk’s office and then ask this court to enforce it. You should contact the Clerk of the Circuit Court for information about this procedure.

    You will need an original certified copy (with original notary seals) of your out of state order to file with the clerk. Note: if the child doesn’t reside in Florida, you may need to pursue this matter in the state where the child resides.

    Child Support: You should first contact the Department of Revenue for assistance in having your out of jurisdiction child support order enforced. If that is unsuccessful, follow above directions given for enforcement of foreign visitation orders. Note: There are many legal issues involved in enforcing or modifying a child support order, if the other parent doesn’t reside in Florida you should seek legal advice.

34. I just got sent to jail in a child support case and there isn’t a purge amount in the paperwork. I’m going to lose my job if I don’t get out of jail!

    The only legal remedy at this point is an appeal. If there is no purge amount in their order, that probably means you were sent to jail on a criminal contempt charge. (For failing to appear for a hearing, for example.) If that is the case, then there is no purge; the jail sentence is a “punishment” for failing to comply with a court order.

35. I just found out that there was a child support enforcement hearing I didn’t know about and a warrant went out for my arrest. What can I do?

    You can voluntarily appear before the appropriate child support enforcement hearing officer. You should call the hearing office first to make sure someone will be available to assist you.

Note: Legal advice is preferred and always recommended to assist you in answering any questions.

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