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Florida Divorce Records

A divorce in Florida may be contested, uncontested, or refer to a simplified dissolution of marriage. In an uncontested divorce, you and your spouse must have agreed on outstanding legal issues, such as property division, child custody, alimony, and child support, before filing a divorce petition. If you cannot agree on all legal issues with your spouse, the case becomes a contested divorce. Per Rule 12.105(a) of Florida Family Law Rules of Procedure, if you and your spouse have minor children, either or both spouses are seeking alimony, and neither has resided in the state for the previous six months, the state offers an easier form of uncontested divorce, called a simplified dissolution of marriage.

Florida mandates a 20-day waiting period after a petition for dissolution of marriage is filed. This cooling-off period allows couples to reconsider their decision and prevents impulsive filings. During this time, the respondent has 20 days to file their answer. The court will not issue a final divorce judgment before the 20 days are over, although it can finalize the divorce sooner if delaying would cause injustice.

Florida's divorce rate has generally declined over the past decade, dropping by 24.4% from 2011 to 2021. After a dissolution of marriage, it is registered and recorded with the Clerk of Circuit Court. After that, the Clerk sends a report to the State Bureau of Vital Statistics for permanent filing. This process may take up to 60 days.

What are Divorce Records?

Florida divorce records include information that proves a Florida court has terminated a marriage. These include divorce certificates, divorce decrees, and divorce records.

Divorce certificates do not contain as much detailed information as other types of divorce records. Divorce certificates reveal information about when a divorce was finalized and where the finalization occurred. Divorce decrees show information about the court's final judgment, including each party's responsibilities per alimony, visitation schedules, child support, and property and asset division. Finally, the most detailed official information are contained in a divorce record, which includes court transcripts, filed evidence, motions, testimonies, and judgments.

Are Divorce Records Public in Florida?

Divorce falls under the jurisdiction of Family Court in Florida. Family Court records are available to the public under the Public Records Acts in Florida and can, therefore, be accessed upon making a request to the custodian of the record. However, a Florida court may seal certain records or portions of divorce records if they contain sensitive information. Some commonly redacted information includes bank account information, social security numbers, sensitive health conditions, and sensitive information about children, such as whether they are victims of abuse.

Divorce Stats and Rates in Florida

Over the past decade, Florida's divorce rates have significantly declined, dropping by 24.4% from 2011 to 2021. In 2021, Florida's divorce rate stood at 3.4 per 1,000 residents.

Ethnicity plays a role in these rates, with the American Indian population, though small, having the highest divorce rate in the state, particularly in counties like Pinellas. Religious affiliations also impact divorce rates, with Conservative Protestants notably influencing the statistics. Florida's marriage rate is among the ten lowest in the United States, with men marrying at a slightly higher rate than women. Since the introduction of same-sex marriages in 2015, these unions have made up 1.2% of all married couples in the state. The average age of marriage in Florida is similar to the U.S. median, with men marrying at about 30.4 years and women at 28.5 years.

Grounds for Divorce in Florida

Florida is a no-fault divorce state. This means either spouse has the absolute right to petition for divorce, regardless of bad behavior or fault. For instance, a spouse does not have to provide proof of domestic violence or adultery to terminate the marriage. Also, neither spouse may refuse to grant the divorce, as it is the sole right of either spouse.

In accordance with Florida law, no-fault grounds for terminating a divorce are irreconcilable differences and mental incompetence. Mental incompetence is rarely used as a grounds for divorce in Florida. When a spouse alleges the other spouse is incompetent, a judge must determine that the incompetence existed for at least three years prior to the divorce.

How to File for Divorce in Florida

Florida's residency requirements must be met before filing for divorce. One of the spouses must have resided in Florida for a minimum of six months prior to filing a divorce petition. A valid Florida identification card, driver's license, or voter registration will be required to prove residency.

Upon meeting the state’s residency requirement, you can file for a divorce by following these steps:

  • Filing a Petition: You start the divorce process by filing a petition for dissolution of marriage with your local Circuit Court Clerk. Depending on whether you and your spouse have children or property to divide, this petition may be for a regular or simplified dissolution. The petition must declare the marriage irretrievably broken and specify what you seek, such as child custody or alimony. Afterward, notify your spouse of the petition.
  • Response to the Petition: Your spouse has 20 days to respond after receiving the petition. If no response is received, you may request a default judgment. If the response is filed, it can be contested or uncontested (agreeing with the petition). Temporary orders for child custody or support may be requested during this period.
  • Submitting Additional Paperwork: Additional forms, including financial affidavits and child support guidelines, are typically required. A Uniform Child Custody Jurisdiction and Enforcement Act (UCCJEA) affidavit is necessary if children are involved. Both parties must provide financial disclosures, including income, expenses, assets, and debts.
  • Financial Discovery: You and your spouse must exchange financial documents such as pay stubs, tax return information, and financial statements. Attorneys in the case may request additional information to determine fair alimony, child support, and property division.
  • Mediation: Mediation helps both spouses reach a settlement and avoid a trial. It can be court-ordered or recommended by attorneys. You and your spouse will work with a neutral mediator to resolve disputes over child support, alimony, and property division during mediation.
  • Creating a Parenting Plan: A parenting plan addresses custody and parenting responsibilities. You and your spouse must complete a court-approved parenting course. The plan will be submitted to the court before the final hearing.
  • Finalizing the Divorce: If a settlement is reached, a judge will review and authorize the divorce at a final hearing. If disputes remain, the case will go to trial for resolution by a judge.

Florida Divorce Decree

A divorce decree is a formal document that legally ends a marriage, signed by a judge and marked with an official court seal. It outlines the final terms and obligations for both parties in a divorce, typically including:

  • Division of assets and debts: Details on the distribution of property, savings, investments, retirement benefits, and debt responsibility.
  • Name changes: Official documentation of any legal name changes, such as a change to a maiden name.
  • Child custody and support: Child custody and support are arrangements for the custody, care, and financial support of any minor children from the marriage.
  • Spousal support (alimony): Information on financial support one spouse must provide to the other, specifying the amount and duration, if applicable.
  • Insurance considerations: Updates to health insurance coverage, life insurance policies, and other relevant insurance under both spouses' names.

How to Find and Access Florida Divorce Records

The Clerk of Circuit Court has recorded the dissolution of marriage certificates from June 6, 1927, to date and sent them to the Bureau of Vital Statistics. The divorce certificate is issued as an abstract of the information from the judgment and may be used as legal proof that dissolution was finalized and granted. You can obtain divorce records from the Bureau of Vital Statistics and the Clerk of Court in the following ways.

Offline Access

You can order divorce certificates from the Florida Bureau of Vital Statistics via the bureau's walk-in or mail-in service. To use their walk-in service, visit their address at 1217 North Pearl Street, Jacksonville. The Bureau's work hours are 8:00 a.m. to 4:30 p.m. Walk-in payments may be made in the form of check, cash, money order, Visa, and Mastercard.

To order a divorce certificate by mail, send a completed DH260 form and the applicable fee to:

Florida Bureau of Vital Statistics

P.O. Box 210

Jacksonville, Fl 32231-0042

Computer certificates (those from 1970 to date) take up to five business days to process, excluding shipping time to and from the Bureau's office. Divorce certificates prior to 1970 require additional time to process.

Priority processing is afforded to RUSH orders, but they require an additional $10 fee. If you use this option, mark the outside of the submission envelope "RUSH." All orders for divorce certificates, including RUSH orders, are mailed to the requester using Standard United States Postal delivery, except a special prepaid delivery envelope is provided.

Also, if you cannot access the application form, you may submit a request for a divorce certificate in writing to the Bureau of Vital Statistics. In the request, include the following:

  • Information about the individual named on the certificate
    • Full name of both spouses as indicated on the record
    • The Florida county where the dissolution was granted
    • The date of dissolution
  • Information about the requester
    • Full name
    • Phone number
    • Mailing address
    • Signature of the applicant
    • Relationship to the person on the divorce certificate or dissolution of marriage record

To obtain a divorce judgment, you must visit the Clerk of the Circuit Court in the county where the dissolution was granted.

Online Access

Florida allows persons seeking dissolution of marriage certificates (divorce certificates) to order online with VitalChek, the state's only approved third-party vendor. To order online with Vitalchek, visit the VitalChek website or call the vendor at 1-877-550-7330 to order by phone. If you are calling from outside the United States, call 1-615-372-6800. VitalChek will have your certificate delivered to your doorstep upon providing the required information and the appropriate fee. Online payments are accepted via credit card.

Note that there are other third-party vendors offering Florida divorce records online. However, VitalChek is the only approved vendor. Also, Florida can only guarantee privacy for persons who order records from VitalChek.

References

Counties in Florida

List of Content

  1. What are Divorce Records?
    1. Are Divorce Records Public in Florida?
      1. Divorce Stats and Rates in Florida
        1. Grounds for Divorce in Florida
          1. How to File for Divorce in Florida
            1. Florida Divorce Decree
          2. How to Find and Access Florida Divorce Records
            1. Offline Access
            2. Online Access