Dissolution of Marriage
Information for Self-Represented Litigants
Family Law Forms
The Florida State Courts System's Self-Help Center page provides family law forms approved by the Florida Supreme Court for self-represented litigants, including the Petition for Dissolution of Marriage. All forms are provided free of charge by the Florida Supreme Court. There's also Basic Instructions to help get you started, including a link to the General Information for Self-Represented Litigants
. This information will provide you with an overview of the court system, its participants, and its processes. It should be useful whether you want to represent yourself in your divorce or have a better understanding of the way family court works.
Please note that the information provided in this self-help section is NOT legal advice and should not be construed as such. If you have a question about a specific issue, or do not understand the information presented, please contact an attorney.
Do It Yourself Florida
DIY Florida helps you create legal documents by answering simple specific questions about your situation. Those legal documents can then be filed electronically through the E-Portal or by hand at your local clerk of court office to start a new court case or respond to an existing court case.
Family Court Tool Kits
These tool kits contain basic information about Florida’s family court. It includes: a timeline of significant family court events; a listing of case types that comprise Florida’s family court; guiding principles; descriptions of the ten core components; information about the one family/ one judge model and noted benefits of the model; filings trends; process maps for dependency, delinquency, dissolution of marriage, and domestic violence injunction cases; and links to additional resources.
Choosing a Divorce Process
You have the right to select the process that will work best for you before beginning your divorce. If you consult a lawyer, you should ask the lawyer to explain the different processes that can be used to obtain your divorce. The following are three of the possible choices that are available.
Collaborative Divorce
Collaborative Divorce is a private way for couples to divorce. Each spouse hires an attorney trained in the collaborative process to help them reach agreement. A neutral financial professional and mental health professional may also work with the spouses to help them reach agreement. Agreements can be reached in 3 to 9 months. After a final agreement is signed, the lawyers file the paperwork necessary to get the divorce approved by the court while maintaining the family’s privacy.
Collaborative Divorce offers:
- Privacy: What's talked about during this process stays private; unlike filing for divorce before reaching agreement, the details of your family and finances cannot be seen by the public.
- Control: The team will help you reach an agreement that is tailored to the needs of both spouses and the children.
- Speed and Reduced cost: Collaborative Divorce usually finishes faster and costs less than going to court.
- Planning your future: Collaborative Divorce provides tools for effective co-parenting and reduces future litigation.
Mediation
Mediation is a way for people who are having a dispute to talk about their issues and concerns and to make decisions about your case with the help of another person (called a mediator). A mediator is not allowed to decide who is right or wrong or to tell you how to resolve your dispute. In mediation, you can try to find solutions that make sense to you and the other person in the dispute to resolve some or all of your concerns. It is generally required before going to trial.
Mediation offers:
- Neutrality: It allows you to talk to someone impartial, who will help understand the strengths and weaknesses of your case. It will also help you gain an understanding of the other side's case.
- Privacy: What's talked about during the mediation is confidential.
- Speed and Reduced cost: It saves time and costs less than going to court.
- Flexible: Can be done with or without attorneys, allowing you to make your own decisions.
Litigation
The divorce of marriage (DOM) process begins when a petitioner files a DOM petition with the court. The respondent is then served with paperwork. The parties will exchange certain information during discovery. Mandatory disclosure requires each party in a family matter to provide the other party with certain financial information and documents. Additionally, parties might need to complete interrogatories or depositions to help gather information. They might be required to attend mediation before moving to trial. Assuming the parties don't reach an agreement in mediation, a trial takes place. During the trial, both parties will witnesses, cross-examine the witnesses, and introduce evidence. The judge will rule after the facts are presented and issue a final order.
Litigation has downsides. Namely:
- Control: The judge gets the final say on the issues, including the parenting plan, time-sharing, support, and equitable distribution.
- Expense: Litigation is unpredictable and can be costly.
- Delay: You are at the mercy of the court system. Your hearings and trial could be moved multiple times before the final trial. The delay can also drive up the expense.
- No privacy: With certain exceptions, most documents will be public record. Financial and personal information will be filed with the court.
This chart is not meant to be legal advice.
| COLLABORATIVE PROCESS | MEDIATION | LITIGATION | |
|---|---|---|---|
| Do I Need a Lawyer? | Each spouse is represented by a lawyer. | You may hire a lawyer or you may represent yourself. | You may hire a lawyer or you may represent yourself. |
| What Is My Lawyer’s Role? | The lawyers work together with you and your spouse throughout the process to find a resolution. | If you hire a lawyer, your lawyer gives you legal advice, and may attend mediation. | If you hire a lawyer, the lawyer will represent your interests as you and your lawyer agree. |
| How Do I Participate? | Directly with your spouse with the assistance of the Collaborative team. | Neutral mediator will help you and your spouse communicate directly (or through lawyers if you have lawyers). | Through your lawyer, if a lawyer is hired; otherwise you manage your case. |
| How Much Court Involvement? | No court involvement other than approving your agreement. | Little or no court involvement other than approving your agreement. | Usually the highest level of court involvement. |
| Who’s In Charge? | You and your spouse are in charge and make your own decisions using the Collaborative team for assistance. | You and your spouse are in charge and make your own decisions using the mediator (and lawyers) for assistance | Judge is in charge and makes final decisions. |
| What Will It Cost? | Usually less expensive than litigation. | Usually less expensive than litigation. | Unpredictable and can increase rapidly. |
| How Long Will It Take? | You and your spouse create the timetable with team members; usually three to nine months. | You and your spouse (or lawyers) set the timetable with the mediator. | Judge sets timetable; could take more than one year. |
| How Much Privacy Will I Have? | The process is private and confidential. | The mediation process is private and confidential. Your court file is open to the public, and financial and other personal information must be filed with the court. | Your case and court files are open to the public. Financial and other personal information must be filed with the court. |
| How is Conflict Handled? | Collaborative focuses on cooperation over a series of meetings. The entire process is meant to be voluntary and respectful. | Depends on lawyers (if lawyers are involved) and spouses. The mediator guides the conversation. | The judge determines the outcome. |
| Who Is On My Team? | Each spouse has a lawyer; additional neutral professionals are usually recommended. | Lawyers and professional experts are optional. | Lawyers and professional experts are optional. |
Choosing a Divorce Process (Printable PDF)
Resources
Florida Academy of Collaborative Professionals
The FACP is Florida’s statewide organization of lawyers, financial, and mental health professionals whose mission is to guide families to peaceful divorce using the Collaborative Divorce Process. Collaborative divorce is designed to be a private , respectful process used to resolve divorce and meet the financial, emotional, social and other needs of divorcing families.
Domestic Relations Benchguide 2024
This benchguide was designed to provide a reference for judges, magistrates, hearing officers, and court staff on statutes, rules, case law, and other relevant information concerning this topic. The material contained herein is current through August 2024.