Florida Marital Settlement (Divorce) Agreement Form [PDF]

The Florida marital settlement agreement form is a legal document that specifies the parameters of a couple’s divorce settlement. It may include various terms, including alimony, child support, and the distribution of marital property.

The divorce settlement agreement is very convenient because it can save money on legal fees, shorten the divorce process, and make it smoother. Spouses can find a marital settlement agreement template online and create an agreement form on their own.

Divorce Forms

Divorce forms must be filed in Circuit Court with a filing fee that starts at $400 and a waiting period of around 3 months.

Divorce Laws and Legal Requirements in Florida

The divorce laws and legal requirements in Florida aim to provide an organized and fair framework for divorcing couples while considering the particulars of each case and the well-being of both parties.

Divorce Laws and Legal Requirements

Alimony: Section 61.08(2) of the Florida Statutes states that a court can grant different types of alimony depending on what is considered fair. Factors considered when determining alimony are the duration of the marriage, both spouses' income, and their contribution to the marriage.
Child support: Section 61.29 of the Florida Statutes states that both parents are responsible for financially supporting their children, and each parent should contribute fairly based on their income. Additionally, Section 61.30 of the Florida Statutes provides information on how child support is calculated.
Division of property: According to Section 61.075 of the Florida Statutes, the court uses equitable distribution law. This means the court starts with an equal division of marital assets, but it might not end as a 50/50 split if there is a good reason. So, it ends up not being equal but fair.
Grounds for divorce: Section 61.052 provides that divorce will be granted in cases where a marriage is irretrievably broken or one spouse is mentally disabled for at least three years.
Interim support: According to Section 61.071, either spouse can ask for temporary financial support and money to cover legal fees during the divorce process. The court will grant the request if it is reasonable and fair.
Residency: Section 61.021 states that one spouse must have been a resident of the state for six months before filing for divorce.

How to File for a Divorce in Florida in 10 Steps

To file for a divorce in Florida, follow the ten simple steps outlined below.

#1. Fill Out the Petition

When starting a divorce process, the first thing to do is to fill out the petition. The form can be found online on the Florida Court website or directly from the clerk’s office in your local courthouse.

The petitioner needs to choose the forms depending on the circumstances, for example:

Petition for Simplified Dissolution of Marriage (this petition is used in cases where no children are involved in marriage, no alimony is needed, and distribution of assets and the debts is arranged.)
Petition for Dissolution of Marriage with Property but No Dependent or Minor Child(ren)
Petition for Dissolution of Marriage with No Dependant or Minor Child(ren) or Property
Petition for Dissolution of Marriage with Dependent or Minor Children

#2. Provide Proof of Residency

Second, you should provide proof of residency. The residency requirement is that one spouse must have lived in Florida for at least six months before filing for divorce.

The party who meets the requirements must copy their current identification card, driver’s license, or voter card and submit the copies along with their divorce files as proof of residency.

A third party may testify to the party’s residency by filling out and notarizing an Affidavit of Corroborating Witness form.

#3. Make Mandatory Disclosures

Depending on the circumstances, you might need to make mandatory disclosures. When submitting a divorce petition, you should also provide a divorce settlement agreement; all matters concerning children, property, or support are resolved in this document.

The court will use the settlement agreement to speed up the divorce process. Both parties are required to present their financial situation by submitting a Family Law Financial Affidavit.

Parties must also complete a Certificate of Compliance with Mandatory Disclosure to demonstrate to the court that they have fulfilled their obligations regarding the disclosure of financial information.

#4. Submit Parenting Documents

If the couple has minor children together, the petitioner must submit additional parenting documents. These inform the court how the spouses will handle child support and custody responsibilities.

Documents needed are:

Both parties must sign the completed paperwork in front of a notary public.

#5. File Divorce Paperwork

In this step, the petitioner should file their divorce paperwork, making two copies of each document. Additionally, spouses should include a Cover Sheet for Family Court Cases in divorce documents, as this form provides information about spouses and the divorce case.

At this point, the petitioner needs to pay a filing fee. If they cannot do that because of their financial situation, they may ask for an exemption by filing an Application for Determination of Civil Indigent Status.

#6. Serve Divorce Papers

After filing the divorce papers, the petitioner must serve them by filling out the Summons and Process Service Memorandum and presenting them to the court’s clerk. A clerk will sign the summons and return the documents to the petitioner.

The petitioner now must submit copies of summons, memoranda, and divorce documents to the sheriff’s office or private server. They will deliver the divorce documents to the respondent, fill out the proof of service, and file it with the court.

#7. Answer Petition

Once the respondent is served with divorce papers, there is a 20-day period for answering the petition. If the respondent wants to file a divorce complaint, they must fill out the Answer to Petition for Dissolution of Marriage, and the contested divorce process will start.

However, if the respondent agrees with each claim in the petition, they must file an Answer, Waiver, and Request for Copy of Final Judgement of Dissolution of Marriage, which starts the uncontested divorce process.

#8. Obtain Notice of Hearing

A notice of hearing is a legal document that informs both parties in the divorce process about an upcoming court hearing conducted by a judge, general magistrate, or child support enforcement officer.

The spouse can schedule the hearing and fill out one of the relevant forms, such as:

The other spouse must receive a copy of the form.

#9. Wait for a Judgment

A judgment is a formal decision that resolves the issues presented in the case. Both spouses should appear at the scheduled time in court, and the judge will review the case and decide whether to grant the divorce. If everything is in order, the judge can sign the final judgment.

The final judgment form depends on the circumstances. Here are the available options:

#10. Do a Name Change

A party filing for divorce should include a request to change names in the divorce petition. If approved, the request will become part of the divorce judgment. A person may legally change their name as long as they have a copy of the divorce decree as legal proof.

The spouse must update their documents, including their identity card, passport, and driver’s license. They must also update the information on bills and contracts and notify employers of the name change.