Dissolution of Marriage is the legal term for a divorce in Florida. It is a legal action filed by a married person to end a marital relationship.
You are not required to hire an attorney to file for a divorce in Florida. If you have a complex situation or legal questions, you may want to consult with an attorney concerning your legal rights. This could be especially important in cases involving children or property where the parties do not come to an agreement.
Forms for filing for divorce are available at no cost from multiple sources. Our office has a self-help center at the main courthouse. This department will help you use a decision tree to determine what forms apply to your situation. You can fill out the paperwork on a computer in the self-help center or you can get a packet at the self-help center to take home to complete. Online these forms can be found on our website under the Courts Family Law button Divorce – Collier Clerk of the Circuit Court & Comptroller. Within the next two months we will have fillable form packets and instructions available on our website. The fourth place you can find forms is on the Florida Courts self-help page at Family Law Forms – Florida Courts (flcourts.gov). Please note that there are few additional forms needed in Collier County.
Once the forms are complete, you must sign them in front of a clerk or notary unless it is a Simplified Dissolution. You can file your paperwork at the main courthouse located at 3301 Tamiami Trail East or online at the Florida e-portal at Florida Courts E-Filing Portal | File Court Documents Online (myflcourtaccess.com). The cost to file a case is $408.00 which can be paid by check, cash, money order or credit card depending upon on-line or in-person filing.
The easiest and fastest type of dissolution is called a Simplified Dissolution of Marriage. These cases are typically set within a month if all paperwork is filed correctly. If the following statements are true, you can file this type of case.
- You and your spouse agree that the marriage cannot be saved.
- You have no minor or dependent children together and the wife is not pregnant.
- You have worked out how you will divide common assets and liabilities.
- You are not seeking alimony.
- You are willing to give up the right to trial and appeal.
- You will both sign the paperwork and appear at the hearing.
- One of you has lived in Florida for at least the last 6 months.
When a final judgment is signed in the courtroom for a Simplified Dissolution, the clerk will provide each party with a certified copy of the judgment right there in the courtroom and will notify the Department of Health, Vital Statistics department that you are divorced. Please see our website collierclerk.com or come to our Self-help Center for additional resources.