Broward County Divorce Guide

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

When a marriage breaks down and a couple wants to end their relationship, divorce (also known as dissolution of marriage) is the process that lawfully terminates that relationship.

In Florida, there are four different kinds of divorce, and the process differs depending on whether the couple has minor children or not, and whether the relationship is ending amicably. Meaning, if the parties are able to reach a settlement agreement before filing, then this simplifies the process.

Divorce filings occur at the county level in Florida. To file for a divorce in Broward County, here’s a 12-step guide that will help you navigate the divorce process as smoothly as possible:

Determine Your Eligibility
Understand Which Type of Divorce to File
Gather the Required Documents
File the Petition (for the Dissolution of Marriage)
Complete the Paperwork
Sign, Notarize, and Copy Documents
Pay Any Fees
Serve Your Spouse
Disclose Your Finances
Attend a Parenting Course and Submit the Certificate
Negotiate a Settlement or Prepare for Trial
Finalize the Divorce

Our guide covers the most common issues with the divorce process, including the costs, attorney fees, filing fees, and contact information for the Broward County Clerk of the Court.

Law Note: Some couples choose separation instead of, or as an interim step before, divorce. Florida law doesn’t recognize legal separation but it does address separation in the context of child support and alimony. This means couples can live apart and still have court-ordered child support and/or alimony established. Additionally, couples can formalize their separation agreement through a postnuptial agreement, which can address issues like property division and support, to be enforced if they later divorce. Finally, a couple who “separates” will still be treated as married for tax purposes and benefit purposes.

How to File for Divorce in Broward County

1. Determine Your Eligibility

To file for a divorce in Broward County, at least one member of the couple must have lived in Florida for the past six months. If there are no children involved, and both parties agree that the marriage is irrevocably broken, then you may be able to apply for a simplified divorce.

2. Understand Which Type of Divorce to File

If you’re the one submitting a petition for the dissolution of your marriage – otherwise known as a divorce – you’ll need to understand which type you’re filing.

There are four types of divorce (legally referred to as dissolution of marriage) recognized in Broward County, as described by the Broward County Clerk of Courts:

Simplified Dissolution of Marriage
Dissolution of Marriage with Dependent or Minor Children
Dissolution of Marriage with No Children
Dissolution of Marriage with No Children and No Property

Each type of divorce has its own requirements and procedures. To determine which type of divorce to file, start by reading “What to Know Before Filing for Divorce in Broward County.”

Law Note: You must have a Parenting Plan if there are minor children. The Parenting Plan must be agreed to by the parents and approved by the Judge. If you cannot agree, the court will establish a Parenting Plan. Check out “Understanding Child Custody in Florida” to learn more.

3. Gather Required Documents

Filing for divorce requires filling out a petition to send to the court. This petition will require detailed information about your income, debts, and assets. To simplify the process and avoid delays, it’s a good idea to gather the following documents before you start the process:

The last 3-5 years of tax returns
Several years’ worth of bank statements
Credit card statements
Cancelled checks
Mortgage statements
Deed to your home
Records of property ownership
Car title
Business records (if you own a business)
Paperwork for anything else of value

These documents will be shared with your spouse as a part of the financial disclosure and discovery process. Your spouse will be required to share similar records with you, to assist with the distribution of assets and calculating any required alimony or child support payments. A Florida divorce lawyer can help you with this process by advising you on what documents are required and even gathering documents on your behalf if you don’t feel able to do so.

4. File the Petition (for the Dissolution of Marriage)

Filing a petition for divorce is the first step in the legal process. It sets the case in motion with the court, outlining the grounds for seeking the marriage dissolution and requesting the court to enter a judgment ending the marriage.

Note: It’s possible to complete this process yourself by downloading the relevant forms and completing them using the Broward County Clerk of Courts’ Self-Service Center. However, if you require assistance to complete the forms or would prefer to have a lawyer act on your behalf, you can hire a Florida divorce lawyer to complete the forms for you.

5. Complete the Paperwork Accurately and Truthfully

The paperwork provided by the Broward County Clerk of Courts helps the court assess your petition and understand your circumstances. You must complete the paperwork fully and as accurately as possible. Providing false information, particularly under oath, can be considered perjury, which is a serious offense with legal consequences.

The forms are designed to be reasonably easy to follow. However, if you find any of the questions confusing or aren’t sure how to answer them, contact a Florida divorce lawyer who can act on your behalf and help you find the information you need to fill out the paperwork correctly.

6. Sign, Notarize, and Copy Documents

Before you can file a divorce petition in Broward County, you will need to make sure that the documents are properly signed and notarized. You may also need to make copies for your records and the other party. Documents that must be notarized include:

Petition for Dissolution of Marriage
Marital Settlement Agreement
Financial Affidavits

After signing and notarizing the necessary documents, make at least two copies of each—one for your records and one for filing with the court. Originals should remain unmarked and be submitted to the clerk.

While a family law attorney cannot sign on your behalf, they can prepare the paperwork, guide you through the process, and ensure compliance with all court and statutory requirements.

7. Pay Fees

Throughout the process, there are several fees to pay. These cover the cost of having the petition reviewed by the court, as well as issuing a summons and having the divorce petition served either by a sheriff or a private server.

Broward County Divorce Filing Fees

In Broward County, you can expect to pay the following when filing for a divorce:

Filing fee: $409.00
Summons Issuance Fee:$10.00
Service of Process Cost: $40.00 – $100.00+

8. Serve Your Spouse

For the divorce process to begin, the petition must be served on your spouse. In simple terms, your spouse must be handed a copy of the petition. They have 20 days after being served with the Petition for Dissolution of Marriage to file an answer. In their answer, your spouse will either admit or deny the allegations in the petition.

The respondent, the spouse who’s receiving the petition, can decide to counterpetition. This means your spouse has claims against you and is asking for relief from the court or to have some other action taken. If this occurs, you have 20 days to file an answer to the counterpetition (see Counterpetition Form 12.903(d)).

If you serve a petition to your spouse and they don’t respond within 20 days, they’re in default. This means the court can consider your petition without your spouse’s input and even make a decision about the case if they don’t cooperate.

You can expect to pay between $40 – $100 for service of process, although costs can vary. If your spouse lives in a different county or state, the fees may be higher because the service must be made by the sheriff or a private server in that county.

Law Tip: To learn how to serve divorce papers by personal service, substitute service, constructive service, or service by mail, read “How To Serve Divorce Papers in Broward.”

9. Disclose and Exchange Your Finances

If you and your spouse are unable to come to an agreement and apply for simplified dissolution, you’ll have to go through the discovery process and disclose your financial details. This requires completing a financial affidavit – a legal document that describes how much money you have, breaking down your income, assets, expenditure, and debts.

Those who have an income in excess of $50,000.00 are required to complete a different financial affidavit form from those on a lower income. Our Financial Affidavit FAQ page goes into more detail on the process.

Having all of the correct information and supporting documentation available when completing your financial affidavits will simplify the process of completing these declarations and also reduce the likelihood of delays caused by errors or inconsistencies in those documents.

Simplified Dissolutions

If you and your spouse agree on asset distribution and neither party is requesting financial support, you may be able to apply for a simplified dissolution of marriage. If you qualify to go this route, you may be able to avoid having to file financial affidavits, saving time and legal fees.

The precedent for this was established in Kelner v. Kelner, 970 So. 2d 933 where the court allowed the parties to waive the filing of financial affidavits, despite the language in the rule governing the simplified dissolution procedure stating “parties must each file a financial affidavit.” In that case, the simplified process was permitted because the parties had already divided the property according to a marital settlement agreement and neither party sought financial support from the other.

10. Attend a Parenting Course and Submit the Certificate

Florida law requires all parents of minor children who are going through a divorce to attend a Parent Education and Family Stabilization course as part of the divorce process. The course is intended to help parents learn respectful communication skills and anger control so they can provide a stable environment and have a good co-parenting relationship with their former spouse.

The course must be at least four hours long and approved by the Florida Department of Children and Families. Both parents must complete this step. In-person and self-paced online course options are available to make the course process as simple as possible for people from all walks of life.

11. Negotiate a Settlement or Prepare for Trial

While not required, negotiating a settlement is encouraged. Why? In some dissolution of marriage cases, negotiating for the terms you want and deserve is the only way to get the result you’re looking for. It can also speed up the divorce process and end up saving you money if your negotiations are successful.

Mediation: Negotiating a Settlement

In Broward County, couples are required to try to come to an agreement by going through a mediation process (an informal negotiation process with a third-party mediator). It’s only after an unsuccessful mediation that a divorce will be decided by a judge.

During mediation, you and your divorce lawyer meet with your spouse, your spouse’s lawyer, and a third-party mediator who’s approved by the Florida Supreme Court. Together, you’ll attempt to hash out an agreement that everyone is willing to accept. If you’re successful, the agreement is written and signed by you, your spouse, and the attorneys (if the attorneys are at the mediation). You will then be able to go through the uncontested divorce process.

If you and your spouse have minor children together, this is also where you’ll negotiate and hopefully come to an agreement on your parenting plan. Florida requires that all divorce cases involving minor or dependent children include a parenting plan. (See this Approved Family Law Parenting Plan Form 12.995(a) to develop a plan with your spouse.)

If your mediation is successful, you will proceed to a final hearing. Here, the judge reviews the agreement and signs the final order officially terminating your marriage.

Case Management Conference*

At some point during the divorce processes, you’ll likely attend what’s called a case management conference. The conference should be scheduled soon after your petition is filed and set by court order within 60-90 days of filing for a standard dissolution of marriage case.

The conference is normally set by the judge. During the conference, the judge will hear any outstanding motions, ask questions about the status of the case, and likely ask about information learned during the discovery phase. It’s also during this time that the judge typically sets the case for trial.

More than anything, the judge uses a case management conference to determine what he or she can do to move the case along, especially if it’s a case that’s shown little activity.

*This step is not required in a simplified divorce.

Prepare for Trial

If you can’t agree or negotiate a settlement, then your case heads to trial. When this happens, nothing said during mediation is allowed to impact the hearing or any decisions the judge makes.

The results of the trial will determine the terms of any child custody, child support, alimony, property division, and all other contested terms of the divorce.

After the judge makes his or her decision on all terms, the judge will sign the final dissolution of marriage order, which is the document that decrees that you are legally divorced.

Practical Tip: Contested divorces take longer, which means they are more expensive than uncontested ones, so it’s in your best interest to do everything you can to reach an agreement as early as possible instead of going all the way to trial. See more practical tips below.

12. Finalize the Divorce

Once the case is heard by the court and the final judgment of divorce is entered, your marriage is lawfully terminated. In the judgment, the court will set alimony, child support, and custody arrangement if any of those things are required. At trial or the final hearing, the clerk will give you a copy of the final judgment, which you can use to prove your relationship status to any relevant third parties.

Cost of Divorce in Broward

Filing fees
Attorney and legal fees

Filing Fees

Whether you choose to work with a Florida divorce lawyer or attempt to file yourself, there will be some legal fees to pay. These include:

Filing Fee: $409.00
Summons Issuance Fee: $10.00
Service of Process Cost: $40.00 to over $100.00

In addition to the above, you may also have to pay for mediation, discovery and evidence gathering, and any attorney fees.

Attorney and Legal Fees

The average rate for an experienced divorce attorney in Florida for a contested divorce is somewhere between $400.00 and $500.00 an hour, and most attorneys will request a retainer of between $3,500.00 and $5,000.00 for a contested divorce before starting work on a case.

The total cost of a divorce will depend on the complexity of the case.

An uncontested case, where you and your spouse are able to reach an agreement on the practical details and there’s no need for a court hearing, will be resolved more quickly and cost the least.
A contested case requires financial discovery, evidence gathering, and a court hearing, all of which will drive up the cost.
If there are children involved and you need to apply for a temporary order for child support or negotiate child custody, this will also increase the potential cost.

Working with a skilled and experienced divorce lawyer who understands how stressful the divorce process can be is worth the cost to ensure a successful outcome for yourself and any children from the marriage. A good lawyer can expedite the divorce process, enabling you and your former spouse to move on with your lives with as little stress and conflict as possible.

Practical Tips for Filing for Divorce in Broward County

1. Understand Timelines

The divorce process can be a slow one. The length of time it takes to complete a divorce depends on several factors, including whether the divorce is contested and whether there are children involved.

A simple, uncontested divorce with no children from the marriage could be resolved as quickly as within 30 days.
If there are children from the marriage and the couple must take parenting classes, this could extend the process.
Contested divorces typically take around 12 months, but can take much longer, especially if one party is attempting to obstruct the process.

2. Work to Reach a Settlement

If the divorce is amicable, communicating with your spouse and mutually agreeing on the practical details of the divorce can help expedite the process, enabling both parties to move on with their lives as quickly as possible. Reaching a settlement helps avoid the trial process and could save both parties money on legal fees.

The breakdown of a relationship is often an emotional issue, making it hard to come to an agreement on financial and alimony issues. However, attending mediation and carefully considering your priorities is a wise move. Protracted legal battles simply add stress to an already difficult period in your life.

3. Prepare to Disclose Your Financials

If you and your partner cannot reach a settlement, you will have to go through a financial disclosure process. This requires providing details of your income and assets. Collecting all of the required paperwork before beginning the divorce process can help reduce the stress associated with disclosure.

4. Create a Parenting Plan

If you have minor children, you’ll need to complete a parenting course as part of the divorce process and, if possible, create a parenting plan that lays out child custody arrangements. Having an amicable co-parenting relationship with your former spouse helps reduce stress and trauma for your children and makes it easier for them to adapt to their parents living apart.

A parenting plan can also expedite the divorce process. If you’re unable to agree on child custody arrangements, these will become a part of the divorce hearing and the courts will consider several pieces of evidence to decide child custody. They will take into account the financial circumstances and living arrangements of each parent and the needs of the child.

5. Get Legal Advice From Someone with Experience

Divorce proceedings, especially contested ones, can be stressful and invasive. The breakdown of a relationship is difficult to deal with on its own, and having to go through the disclosure process and deal with co-parenting arrangements can feel like an impossible task.

While some people choose to represent themselves while filing for a divorce, having the support of an attorney can speed up the process, reduce the likelihood of delays due to paperwork errors, and make the process less stressful.

Working with an exper ienced family law attorney can be particularly beneficial if there are children involved and disputes over assets, as these two factors can greatly extend the length of time it takes to finalize a divorce. An attorney can represent your interests and provide a neutral contact point for communication if emotions are likely to run high.

6. Use the Correct Forms

If you’re planning to start the divorce process, it’s vital that you complete the correct forms. You can find all of the divorce forms on the Florida Courts website. If you’re not sure which forms are the right ones to use, contact a Florida divorce lawyer for advice.

The number of forms you need to complete will depend on the type of divorce you’re applying for. A simplified divorce will require just one form. However, if you need to complete a financial disclosure, you’ll have to fill out an affidavit, and there may be other forms to complete relating to child custody if there are children involved in the marriage.

Broward County Court Contact Information

County Clerk:

The Broward County Clerk can be reached between the hours of 8 a.m. and 3:30 p.m. Monday through Friday.

Address: 201 S.E. 6th Street, Fort Lauderdale, FL 33301
Telephone: (954) 831-6565
Electronic Correspondence: Online contact form

Family Court:

The Family Court can be contacted between 8 a.m. and 3:30 p.m. Monday through Friday.

Address: 4th floor, room 04130, at 201 S.E. 6th Street, Fort Lauderdale, FL 33301
Telephone: (954) 831-6565
Fax: 954-831-6572

The court doesn’t recommend using email to contact them as email addresses are considered public records. Anyone who emails the clerk may have their email address disclosed in a public records request.

Do You Have a Question?

Contact us today if you have a question about filing for divorce in Broward County. We’ll answer your questions and explain your rights. Larry Schott, an experienced Florida divorce lawyer, has been helping people with their divorce issues since 1990. Simply fill out the form on our Contact Us page or give us a call at (954) 880-1302.

Broward County Divorce Process