DISSOLUTION OF MARRIAGE

Effective July 1, 2004

Dissolution of Marriage, also known as divorce, is  the termination of a marriage between a husband and wife, effected by the judgment or decree of a court.

In general, parties wishing to obtain a divorce should contact their attorney.  There are several different types of divorces that you may choose from.  They are:

• Contested Divorce:  This type of divorce is one where you do not agree on every issue.  An attorney is necessary to file a contested divorce.  The Clerk's Office does not provide forms for this type of divorce.
  

• Uncontested Divorce without Children: This type of divorce is one where you both agree on EVERY issue and have no children.  The Clerk's office provides this divorce packet for a fee but does not provide assistance in filling out the forms.  Once you file the paperwork on an Uncontested Divorce, a Pro-Se Litigant will go over the file and let you know if anything further is needed prior to going to court.  It will not be set for a hearing unless the file has everything needed.  Failure to file the appropriate paperwork could result in the case being dismissed.  We do not refund money collected for filing fees or forms.
  

• Uncontested Divorce with Children:  This type of divorce is one where you agree on EVERY issue and have children.  The Clerk's office provides this divorce packet for a fee but does not provide assistance in filling out the forms.  Once you file the paperwork on an Uncontested Divorce, a Pro-Se Litigant will go over the file and let you know if anything further is needed prior to going to court.  It will not be set for a hearing unless the file has everything needed.  Failure to file the appropriate paperwork could result in the case being dismissed.  We do not refund money collected for filing fees or forms.
  

• Simplified Divorce:  Florida Law allows a simplified divorce that can be handled by the parties themselves in the following circumstances:  Both parties must be present together at the time of filing and also at the final hearing.  If any of the following conditions cannot be met then the Simplified Dissolution procedure cannot be used.

The parties certify under oath that:

1. There are no minor or dependent children (including adopted children) of the parties.

2. The wife is not now pregnant.

3. The marriage between the parties is irretrievably broken and both agree that it cannot be reconciled.

4. The parties have made a satisfactory division of their property and have agreed as to payment of their joint obligations.

5. The husband and wife or one of them has been a resident of Florida for at least six months prior to filing the petition for divorce.

6. Both parties have signed the joint petition and all other papers needed to carry out the simplified dissolution procedure and have paid the required fees to the Clerk of Circuit Court.

7. Both parties agree that after the divorce becomes final, neither has any right to expect money or support from the other, except for what is included in the property settlement agreement.

Frequently Asked Questions

"Simplified Divorce"

• What are the requirements for a simplified divorce?

1. There are no minor or dependent children of the parties and the wife is not now pregnant.

2. The parties have made a satisfactory division of their property and have agreed as to payment of their joint obligations.

3. The husband and wife or one of them has been a resident of Florida for at least six months prior to filing the petition for divorce.

4. The marriage between the parties is irretrievably broken.

• Where can we file for a simplified divorce?

A Petition for Simplified Dissolution of Marriage may be filed with the Clerk of Circuit Court's Office in the Osceola County Courthouse.

• What do we need to bring with us?
  
  You and your spouse must come to the Clerk's Office together and jointly file the paperwork.  You will need to bring a form of identification that includes your picture (such as a driver's license).  You will need a Certificate of Corroborating Witness, this form is included in the simplified dissolution packet, and can be signed in the presence of a notary.  Forms for filing a Petition for Simplified Dissolution of Marriage are available in the Clerk's Office for a fee of $8.00.
  
  
• Do we have to have an attorney?
  
  An attorney is not required with the Simplified Dissolution procedure.  If you or your spouse have any doubt in your mind regarding legal questions, you should consult with an attorney prior to filing for a Simplified Dissolution of Marriage.
  
  
• What does it cost to file for a simplified divorce?
  
  The filing fees for a simplified divorce are set by Florida Statute and are subject to change as a  result of new laws passed by the legislature each year.   The current fee is $352.50, which is collected at the time of filing.  An additional fee of $10.50 for Vital Statistics is collected upon the entry of the final judgment granting the divorce.  Both fees are payable to Larry Whaley, Clerk of Circuit Court.  Payment may be made by cash, money order or cashiers check.  We do not accept personal checks.
  


• How long will it take for our divorce to become final?
  
  A hearing to finalize your divorce will be scheduled at the earliest possible date dependent upon the Court's schedule.  There is a mandatory 20 day waiting period before a hearing can be held.  You and your spouse must both appear before the court on the scheduled hearing date.
  


• What happens after the Judge signs the Final Judgment?
  
  You will need to take the Final Judgment along with $10.50 (filing fee for reporting to the Bureau of Vital Statistics) to the Domestic Relations Division in the Clerk's Office.
  


• Can we change our mind after we have filed for a Simplified Dissolution of Marriage?
  
  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 a Voluntary Dismissal to dismiss the case.  We do not refund money collected for filing fees or forms.
  


• How do I modify or enforce my divorce final judgment?
  
  Clerk personnel are not permitted to provide legal advice.  You may wish to seek the assistance of an attorney for these matters.  Modification packages are available at the Clerk's Office for $15.00.  The filing fee is $50.00.  We do not refund money collected for filing fees or forms.
  

Simplified Divorces may be obtained by using the forms that may be purchased from and filed with the Clerk of the Court in the Courthouse.   The cost for a Simplified Divorce packet is $8.00.  We do not refund money collected for filing fees or forms.

The cost for Uncontested Divorce packets is $15.00.   We do not refund money collected for filing fees or forms.

For more information concerning a Simplified Divorce, the parties should contact the Clerk of the Circuit Court, Domestic Relations Department or an Attorney.

Osceola County Clerk of Circuit Court's Office
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Last Update:  06/29/2004