Divorce in Walton County, Florida

Steps for a Florida Divorce

Verify Eligibility
One of the spouses must have lived in Florida for at least six months before filing. Military members may seek a divorce without proving their presence in the state during the six-month period prior to filing if their domicile remains in Florida.
File Petition
One party files a “Petition for Dissolution of Marriage” in Circuit Court, usually in the county where the parties live. Note: If you and your spouse have an agreement on all issues, you may file the agreement along with your petition and schedule a final hearing after the mandatory 20-day waiting period.
Service
Unless service has been waived by agreement, the spouse who files the petition must formally “serve” a copy of the petition upon the other spouse.
File Answer (and Counter-Petition)
Once served, the other spouse must file an Answer within 20 days, addressing the matters in the initial petition. The other spouse also has the option to counter-petition for dissolution of marriage and raise additional issues.
Financial Disclosure
Unless waived, each party must provide certain financial documents and a completed financial affidavit to the other party within 45 days of the service of the petition. A child support guidelines worksheet must also be filed with the court at or before any hearing on child support.
Mediation
If parties are unable to resolve the issues in their divorce, the court will normally order them to attend mediation, where a neutral third party who has received special training will assist them in resolving their dispute. Many counties have public or court-approved mediation services available for a nominal cost.
Agreement
Some spouses agree on some or all of the issues before or after the petition is filed. Issues may include the division of property, a parenting plan, spousal support, child support or attorney’s fees. Parties who have reached an understanding as to their desired outcome(s) enter into a written agreement that is signed by both parties.
Final Hearing
If the parties reach an agreement on all issues, one party will present the signed documents to the judge for review at an uncontested final hearing. If the parties are unable to reach an agreement, a contested final hearing is scheduled where each party presents evidence to and testifies before a judge, who makes a final decision on the contested issues.

Grounds for Divorce in Florida

Florida is a “no-fault” divorce state. There are only two grounds for dissolution of marriage in Florida:

The marriage is irretrievably broken; or
Mental incapacity of one of the parties, where the party was adjudged incapacitated for the prior three years.

How long is the divorce process?

Florida requires a “waiting period” of at least 20 days after the filing of the petition for divorce. If both parties are in agreement on all issues, the process can be very quick — usually around 30 days — and inexpensive.

What forms are required for an uncontested divorce in Florida?

Depending on your circumstances, you may be required to file or prepare the following forms for a Florida divorce:

Petition for Dissolution of Marriage
Notice of Related Cases
Notice of Social Security Number
Notice of Confidential Information with Court Filing
Affidavit of Military Service
Report of Dissolution of Marriage
Notice of Filing Copy of Driver License
Family Law Financial Affidavit
Marital Settlement Agreement
Parenting Plan
Child Support Guidelines Worksheet
Notice of Filing Child Support Guidelines Worksheet
Uniform Child Custody Jurisdiction and Enforcement Act (UCCJEA) Affidavit
Certificate of Compliance with Mandatory Disclosure
Final Disposition Form
Final Judgment of Dissolution of Marriage

Can I file for divorce without a lawyer?

If you and your spouse are able to agree on all issues, the State of Florida has divorce forms that are approved for use in all state courts. If you have dependents or minor children, you are required to complete a Department of Children and Families approved parenting course.

Is fault considered in a Florida divorce?

Florida is a “no fault” state in that a party does not have to prove that the other party did something wrong in order to be divorced. To get a divorce in Florida, the petitioner must prove that a marriage exists; one party has been a Florida resident for six months immediately preceding the filing of the petition, and the marriage is irretrievably broken. The reason for the irretrievable breakdown, however, may be considered under certain limited circumstances in the determination of alimony, equitable distribution of marital assets and debts, and the development of the parenting plan.

Filing Fees

The filing fee for a divorce in Walton County is $408. If necessary to formally serve the other party, additional fees of $10 for a summons plus $40 for service by the Sheriff within the State of Florida will apply.