Your step-by-step guide to filing for a divorce in Broward County. Understand the timeline, fees, requirements, paperwork, and more.

By Larry Schott, Florida Family Law Attorney  |  Schott & Tolchinsky, P.A.

When a marriage breaks down and both parties want to end the relationship, divorce, legally called dissolution of marriage, is the process that lawfully terminates it. In Florida, divorce cases are filed at the county level. Broward County residents file with the 17th Judicial Circuit Court.

There are four types of dissolution recognized in Broward County, and which one applies to your situation depends on whether you have minor children, whether both spouses agree on the terms, and how you hold your assets. This guide walks through every step of the process from start to finish.

The 12 Steps

Before you file, at least one spouse must have lived in Florida continuously for the six months immediately before the petition is filed. See Florida Statute 61.021. Residency can be established with a Florida driver’s license, state ID, voter registration card, or a sworn statement from a Florida resident who can confirm your residency.

If neither spouse currently meets the six-month requirement, you cannot file in Florida yet. You will need to wait until the requirement is satisfied, or file in another state where one spouse qualifies.

Military service members stationed outside of Florida may still qualify to file in Florida depending on their domicile and other circumstances. Consult with a family law attorney if this applies to you.

Broward County recognizes four types of dissolution of marriage, as described by the Broward County Clerk of Courts:

• Simplified Dissolution of Marriage — No minor children, no alimony sought, full agreement on all terms. Both spouses must appear together to file. See our full guide: How to File a Simplified Divorce in Broward County.
• Dissolution with Dependent or Minor Children — Requires a court-approved Parenting Plan. Both parents must complete the state-required parenting course before the final judgment can be entered.
• Dissolution with No Children and No Property — Simpler process when there are no shared assets or liabilities to divide.
• Standard Dissolution with No Children — Used when there are marital assets or liabilities to address but no minor children involved.

To read more about which divorce type fits your situation, see: What to Know Before You File for Divorce in Florida.

The petition for dissolution of marriage requires detailed information about your income, assets, and debts. Gathering these documents before you start the paperwork makes the process significantly faster and reduces the likelihood of errors or delays.

• The last 3 to 5 years of federal and state tax returns
• Bank statements covering the past 2 to 3 years for all accounts
• Credit card statements
• Mortgage statements and deed to your home
• Records of any other real property ownership
• Vehicle titles
• Investment and brokerage account statements
• Retirement account statements (401k, IRA, pension)
• Business financial records if either spouse owns or has an interest in a business
• Life insurance policies
• Any prenuptial or postnuptial agreements

These documents will be shared with your spouse through the mandatory financial disclosure process. Your spouse is required to provide the same type of documentation to you. A Florida divorce lawyer can advise you on what is required for your specific situation and help you gather and organize everything before filing.

Filing the petition is the formal start of the legal process. It sets the case in motion with the Broward County Clerk of Courts, states the grounds for seeking dissolution (that the marriage is irretrievably broken), and outlines what you are asking the court to grant regarding property, support, and children if applicable.

You can file the petition yourself using the forms available through the Broward County Clerk of Courts Self-Service Center, or you can hire a Florida divorce lawyer to prepare and file the forms on your behalf.

The forms provided by the Broward County Clerk of Courts are designed to give the court a complete picture of your marriage, your finances, and your circumstances. Every question should be answered fully and accurately.

Providing false information in court filings, particularly in sworn financial affidavits, is perjury, a criminal offense with serious legal consequences. If you are unsure how to answer a question or are concerned about how to accurately represent a complex financial situation, a divorce lawyer can help you complete the paperwork correctly before you file.

Several documents must be signed before a notary public before you can file. These include the Petition for Dissolution of Marriage, the Marital Settlement Agreement (if applicable), and the Financial Affidavit. Signatures not properly notarized will delay the case.

Make at least two copies of everything you file, one for your records and one for the court. Keep your originals unmarked and submit them to the Clerk. If your spouse is also filing or signing documents, each spouse signs their own forms independently.

Filing fees are paid at the time you submit the petition to the Broward County Clerk of Courts.

The Clerk’s office does not accept personal checks. Bring a money order, cashier’s check, or credit card. If you cannot afford the filing fees, you can apply for a fee waiver by completing an Application for Determination of Civil Indigent Status from the Clerk’s office.

For the complete current fee schedule, see: Broward County Filing Fees Related to Dissolution of Marriage.

After filing, the petition and summons must be formally delivered to your spouse. This is called service of process, and it officially notifies your spouse that a divorce has been filed. Your spouse has 20 days after being served to file a written Answer admitting or denying the allegations in the petition.

If your spouse does not respond within 20 days, you can move for a default. In a default, the court can consider your petition without your spouse’s input and potentially grant what you requested without their participation.

Service can be accomplished through the Broward County Sheriff’s Office, a private process server, or, in some circumstances, by publication if your spouse cannot be located after a diligent search.

Within 45 days of service of the petition, both parties must complete and exchange a sworn Family Law Financial Affidavit. This document details each party’s income, expenses, assets, and liabilities. It is mandatory in all dissolution cases and must be filed with the court.

There are two versions. Spouses with gross annual income under $50,000 use Form 12.902(b). Spouses with income above that threshold use Form 12.902(c). Both forms are available on the Florida Courts Family Law Forms page.

After the affidavits are exchanged, each party can request additional financial documents through the formal discovery process, including tax returns, bank statements, retirement account records, and business financial records.

Florida law requires both parents in any dissolution involving minor children to complete a state-approved Parent Education and Family Stabilization Course before the court will enter a final judgment. See Florida Statute 61.21. Both parents must complete the course independently and file their certificates of completion with the court.

The course is designed to help parents manage the impact of divorce on children, develop effective co-parenting communication, and maintain stability for the children during and after the divorce. It runs a minimum of four hours and is available online through several state-approved providers, making it easy to complete on your own schedule.

Failing to complete the course or failing to file the certificate of completion before the scheduled final hearing will delay the entry of the final judgment.

Mediation

In Broward County, mediation is required in all contested dissolution cases before the matter can be set for trial. Both parties and their attorneys meet with a Florida Supreme Court certified mediator in a confidential setting to work toward a resolution. If an agreement is reached, it is written up, signed by both parties, and submitted to the court. The case then proceeds as an uncontested dissolution.

Nothing said at mediation can be used in court if mediation fails. The mediator has no authority to make decisions or provide legal advice, their role is to facilitate communication and help both sides find common ground. For a full explanation of how mediation works in a Broward County divorce, see our guide: Contested Divorce in Florida.

Parenting Plan Negotiations

If minor children are involved and the parties reach a mediated agreement, the Parenting Plan is finalized during this stage as well. A court-approved Parenting Plan is mandatory in every dissolution involving minor children. It must address the time-sharing schedule, daily parenting responsibilities, decision-making authority, and communication between the parents.

As of July 1, 2023, Florida law presumes equal time-sharing is in the best interest of the child. Any agreed plan that departs from equal time-sharing needs to reflect both parents’ genuine agreement and will be reviewed by the court to confirm it serves the child’s best interests. See the Florida Supreme Court Approved Parenting Plan Form 12.995(a).

Case Management Conference

In standard dissolution cases, the court typically schedules a case management conference within 60 to 90 days of filing. The judge uses this conference to review the status of the case, hear outstanding motions, assess what has been completed in discovery, and set a trial date if the case is not on track to settle. It is also an opportunity to identify and resolve procedural issues before they delay the case further.

Trial

If mediation fails and the parties cannot reach a negotiated settlement, the case goes to trial. Family law trials in Florida are bench trials. Meaning, a judge, not a jury, decides the contested issues. Each side presents evidence, calls witnesses, and makes arguments. The judge then rules on each disputed issue and incorporates those rulings into the final judgment.

Going to trial is the most expensive and time-consuming option in a contested divorce. Most experienced attorneys will tell you that a negotiated settlement, even an imperfect one, is almost always preferable to leaving the outcome in a judge’s hands. That said, when one spouse is acting in bad faith, concealing assets, or making unreasonable demands, trial is sometimes the only way forward.

Whether the case is resolved at mediation, through a negotiated settlement, or after a trial, it concludes with the entry of a Final Judgment of Dissolution of Marriage. The judge signs this document, which legally terminates the marriage and sets out the terms of the dissolution including property division, alimony, child support, and the Parenting Plan if children are involved.

Florida law requires at least 20 days to pass between the date the petition is filed and the date the final judgment can be entered. See Florida Statute 61.19. In contested cases the timeline is measured in months or years, not days.

Once the final judgment is signed and filed with the Clerk, the divorce is complete. You will receive a certified copy of the judgment, which you can use to update your name, change beneficiary designations, close joint accounts, and notify relevant parties that your marital status has changed.

Cost of Divorce in Broward County

Filing Fees

The mandatory filing fees are the same regardless of which type of dissolution you file:

Additional costs may include mediation fees, discovery-related expenses, parenting course fees, and attorney’s fees if you retain counsel.

Attorney Fees

Attorney fees for a Florida divorce vary significantly based on the complexity of the case and how contested it becomes.

• Simplified or uncontested divorce: Most firms offer flat fees in the range of $1,500 to $5,000, depending on the issues involved. No court hearing is typically required, which keeps costs down.
• Contested divorce settled at mediation: Attorney fees commonly range from $5,000 to $15,000 per party, depending on the number of issues and how far apart the parties are when they start.
• Contested divorce going to trial: Attorney fees of $20,000 to $50,000 or more per party are not uncommon. High-asset cases or those involving business valuation disputes frequently exceed this range.

If there is a significant disparity in income between the spouses, the court can order the higher-earning spouse to contribute to the other’s attorney fees under Florida Statute 61.16. This motion can be filed at any point during the case, including as a temporary order early in the proceedings.

Practical Tips for Filing for Divorce in Broward County

Understand the Timeline

How long your divorce takes depends almost entirely on whether and how much the parties disagree. A simple uncontested dissolution with no children or significant assets can be finalized in as little as 30 days after filing. A case involving children, where both parents need to complete the parenting course and negotiate a Parenting Plan, typically takes two to four months. A contested case that goes all the way to trial can take 12 to 18 months or more, and complex cases involving business valuations or custody disputes can stretch longer.

Work Toward a Settlement Early

Every issue you and your spouse resolve by agreement is an issue you do not have to litigate. The earlier both sides engage in good-faith negotiation, the less the divorce costs and the faster it concludes. This is particularly important when children are involved as drawn-out litigation takes an emotional toll on everyone in the family, and the court will be evaluating how both parents conduct themselves throughout the process when making custody determinations.

Do Not Make Major Financial Decisions Without Legal Advice

Once a divorce is filed, both parties have obligations to preserve and disclose marital assets. Selling, transferring, or spending down marital assets after a petition is filed can constitute dissipation, which courts address by adjusting the distribution of the remaining estate. If you are unsure whether a financial decision is appropriate while your divorce is pending, ask your attorney first.

Hire an Attorney If the Stakes Are High

Self-representation in a divorce is legally permitted, and for a straightforward simplified dissolution it can work well. But if your marriage involves a family home, retirement accounts, business interests, significant debt, or minor children, the decisions made during the divorce will affect your finances and your family for years. An experienced divorce lawyer protects your rights, identifies issues you might not see, and helps you negotiate from a position of knowledge rather than guesswork.

Related Articles:

• What to Know Before You File for Divorce in Florida
• How to File a Simplified Divorce in Broward County
• Uncontested Divorce in Florida
• Contested Divorce in Florida
• How to Divide Marital Assets in Florida During a Divorce
• Understanding Child Custody in Florida
• Working With a Florida Divorce Lawyer