Divorce

To file for divorce, you will want to

1. Determine if you qualify for one of the types of divorce proceedings listed below.
2. Determine if you understand the forms and how to proceed on your own, or if you need the assistance of an attorney.
3. Identify the type of divorce procedure that applies to your circumstances
4. Download the appropriate forms
5. Follow the steps for filing for Dissolution of Marriage

There are four types of divorce proceedings, each with different requirements. Please read through each carefully. If you do not understand the process, consult with an attorney for guidance.

Simplified Dissolution of Marriage

A married couple may obtain a divorce through the simplified dissolution procedure if all of the following statements are true about both spouses at the time that they jointly file a petition:

• The couple has no minor or dependent children
• The couple has no adopted children under 18 years of age
• A spouse is not pregnant
• At least one of the spouses has lived in Florida for the past six months
• The couple makes arrangements for the division of property and the payment of their obligations
• Both parties agree that the marriage is irretrievably broken
• Both parties agree to use the simplified dissolution of marriage procedure
• Both parties must be present at the hearing
• Both parties are aware of the following:
  • After the dissolution becomes final, neither spouse has any right to expect money or support from the other, except for what is included in the property settlement agreement
  • By choosing the simplified dissolution procedure, both spouses give up certain legal rights that they would have if they used the regular dissolution procedure
• 12th Judicial Circuit Form Packet for Simplified Dissolution of Marriage

Dissolution of Marriage with No Children and No Property

A married couple may obtain a divorce using this process if they have no marital assets and/or marital liabilities, have no dependent children and neither spouse is pregnant.

At least one of the parties must have lived in Florida for 6 months prior to filing.

• 12th Judicial Circuit Form Packet for Dissolution of Marriage with No Dependent or Minor Children or Property

Dissolution of Marriage with No Children

A married couple may obtain a divorce using this process if they have marital assets and/or marital liabilities, but have no dependent children and neither spouse is pregnant.

At least one of the parties must have lived in Florida for 6 months prior to filing.

• 12th Judicial Circuit Form Packet for Dissolution of Marriage with Property, but No Dependent or Minor Children

Dissolution of Marriage with Dependent or Minor Children

A married couple may obtain a divorce using this process if they have dependent or minor children together or if either spouse is pregnant.

At least one of the parties must have lived in Florida for 6 months prior to filing.

All divorcing parents are required to attend an approved parenting class, which can help to reduce the impact of divorce on young children. You can find an approved course from the Florida DCF Parent Education and Family Stabilization Course Providers.

• 12th Judicial Circuit Form Packet for Dissolution of Marriage with Dependent or Minor Children

The Sarasota Clerk and Comptroller's Office has Dissolution of Marriage packets available for purchase, or you may download the packets from one of the following:

• 12th Judicial Circuit Family Division
• Florida Courts Dissolution of Marriage

1. Bring your completed forms to Customer Service at the Sarasota County Clerk’s Office to be reviewed and notarized.
2. Once the case is filed, the Family Court Coordinator from the 12th Judicial Circuit will contact the petitioner with instructions.
3. If no further filing is required, the petitioner will receive a hearing date and time by mail.

Additional Fees