Filing for divorce – legally known as a “Dissolution of Marriage” in Tampa, Florida — can be overwhelming for anyone. Fortunately, understanding the legal process and your responsibilities and deadlines can help you navigate it with greater confidence and peace of mind.
At Melone Hatley, P.C., we help clients through every step of the divorce process, from the moment you begin considering your options to the final resolution of your case. Whether you are pursuing a relatively cooperative, uncontested divorce or you are facing a high-conflict one, our Tampa divorce attorneys are here to provide experienced and compassionate legal guidance tailored to your goals.
Steps for Pursuing a Divorce in Tampa, Florida
Divorce is a highly individualized process that will be shaped by your family dynamics, finances, and goals. Here, we provide a simplified, step-by-step guide to filing for divorce in Hillsborough County. However, it is recommended that you consult with an experienced divorce attorney who can tailor legal strategies to your unique circumstances and best interests.
Step 1: Meeting Residency Requirements
Before you can file for divorce in Tampa, Florida, you or your spouse must have lived in Florida for a minimum of six months. Proof of residency can include a Florida driver’s license, voter registration, utility bills, or an affidavit or testimony from a third party.
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Step 2: Understanding What Type of Divorce You Are You Pursuing
There are two types of divorces available in Florida: a Simplified Dissolution of Marriage, and a regular Dissolution of Marriage.
Simplified Dissolution
A Florida Simplified Dissolution of Marriage is available to spouses who have agreed to all terms of their divorce, have no minor or dependent children, and neither is seeking alimony. Both spouses will be required to complete a Financial Affidavit, a Settlement Agreement for Simplified Dissolution of Marriage (Form 12.902(f)(3), and attend the final divorce hearing.
Regular Dissolution
A regular dissolution is when only one spouse asks the court to grant a divorce. A regular dissolution can be classified as either an uncontested divorce or a contested divorce, depending on the level of agreement and cooperation between the spouses.
Understanding Contested Vs. Uncontested Divorce
Spouses should be aware of the key differences between a contested and uncontested divorce.
Uncontested Divorce
In an uncontested divorce, spouses must agree on all issues related to their marital property division, child custody and support, and spousal support. Both parties must sign a Marital Settlement Agreement outlining the terms of their divorce and attend the final divorce hearing.
Since both spouses agree on all terms, the judge’s role is to conduct a brief final hearing and ensure that the agreement is legal, fair, and in compliance with Florida law, particularly when children are involved. If everything is in order, the judge will sign the Final Judgment of Dissolution of Marriage, which will legally end the marriage.
Contested Divorce
A contested divorce occurs when spouses are unable to resolve one or more key issues on their own. These often involve disputes over the division of marital assets or the custody of minor children. If they can’t come to an agreement, the matter may eventually need to be resolved in court, where a judge will decide the contested issues.
It is important to note that a contested divorce can become uncontested at any time if spouses have resolved their disagreements and reached a settlement. An agreement will then be formalized, usually with the help of their attorneys, and signed by both parties. It will then be reviewed by the court, and if approved, the judge will issue a final judgment ending the marriage without a trial.
Step 3: Filing the Petition
The official divorce process begins when one spouse (the petitioner) files the Petition for Dissolution of Marriage at one of the following Hillsborough County locations:
- George E. Edgecomb Courthouse, 800 E. Twiggs St., Room 101, Tampa, FL 33602
- Brandon Regional Service Center, 311 Pauls Dr. Suite 110, Brandon, FL 33511
- Plant City Courthouse, 301 N. Michigan Ave., Room 1071, Plant City, FL 33563
Because Florida is a no-fault divorce state, the petitioner will state that the marriage is irretrievably broken and outline the relief they want.
Step 4: Serving the Other Spouse
After filing the petition, the other spouse (the respondent) must be legally served with the divorce paperwork. This can be done by a third party certified by the state, such as a process server. The Sheriff’s Office can also serve this paperwork. The petitioner is also required to file an Affidavit of Service with the court, formally declaring the respondent has been served correctly.
The respondent has 20 calendar days to respond to the petition after receiving the paperwork. The response can follow two forms:
- Answer: The respondent will formally reply to any allegations in the petition, admitting or denying each paragraph in the petition.
- Answer and Counterpetition: If the respondent wants the court to consider their own relief, they can file a combined response that both answers the petition and asserts their own relief requests.
During the answer phase, either spouse may also request certain protections or orders, such as temporary orders for child custody or child or spousal support. If the court grants an order, it remains in effect until the divorce is finalized.
Step 5: Other Required Paperwork
The petitioner may also be required to submit additional documents depending on the situation. These may include:
- Detailed Financial Affidavit
- Marital Settlement Agreement (if uncontested)
- Notice of Social Security Number
- Notice of Related Cases
- Affidavit of Corroborating Witness
- Process Service Memorandum
- Parenting Plan and Child Support Guidelines Worksheet
These forms can be found through the Hillsborough County Clerk of the Court or the Florida Courts website.
Step 6: Exchanging Financial Disclosures
Even if both spouses agree on everything, Florida law requires both to provide full and honest financial disclosures to each other to ensure fairness and transparency.
Under Florida Family Law Rule 12.285, both parties must complete and exchange a Family Law Financial Affidavit, which outlines each party’s income, assets, expenses, and debts. The exchange of these disclosures must be made within 45 days of the date of service of the petition. Supporting documentation must also be included with the disclosures, including tax returns, pay stubs, bank statements, and credit card and loan information.
Step 7: Parenting Class Requirement
In Florida, any parent with minor children involved in a divorce case must complete a court-approved Parent Education and Family Stabilization Course before the court will finalize the divorce. During the class, parents learn how to manage conflict and communicate effectively as co-parents. The class also addresses the legal responsibilities of each parent, emphasizing the need to put the child’s needs first in their interactions and decisions.
This required parenting course typically lasts a minimum of four hours and is offered both in-person and online through Florida Department of Children and Families (DCF)-approved providers. Both spouses must take the course, regardless of who files or whether the divorce is contested or uncontested. Parents cannot attend together, and they may not substitute other types of counseling unless explicitly approved by the court.
Additional Steps Involved in Contested Divorces
While every divorce follows a similar basic legal framework, contested divorces usually include additional distinct stages.
Step 8: Case Management Conferences and Temporary Hearings
After documents are filed and exchanged, the court may schedule a case management conference during which the judge identifies outstanding issues and ensures that both parties are complying with deadlines.
If either spouse requires urgent decisions to be made by the court, such as temporary custody or spousal support, they can request a temporary relief hearing where the court establishes ground rules for the duration of the divorce process until the final judgment is issued.
Step 9: Mediation
The majority of Florida counties require mediation in contested dissolution of marriage cases before a trial can be scheduled.
In mediation, a neutral third party helps spouses attempt to resolve their disagreements before the matter proceeds to trial. If spouses reach an agreement during mediation, their lawyers can draft a Marital Settlement Agreement to be submitted to the court. Even in contentious divorces, many cases settle during or shortly after mediation.
Step 10: Discovery and Trial Preparation
If issues remain unresolved, the case moves into a phase called discovery. During this stage, both parties collect additional evidence to support their positions.
Tools attorneys use to collect this evidence can include
- Depositions or in-person interviews under oath
- Interrogatories or written questions answered under oath
- Requests for documents from the other party, such as financial records, emails, texts, etc.
- Expert evaluations, including forensic accounting, real estate appraisals, and child custody evaluations
Attorneys will use this information to prepare legal arguments, witness testimony, and exhibits that may be presented at the trial. This phase of the divorce process can be lengthy, particularly if complex assets are involved or custody disputes arise.
Step 11: Final Trial
If mediation and settlement efforts are unsuccessful, the case will proceed to a final trial where the court hears arguments from both sides and reviews evidence to make final decisions on unresolved issues, such as those involving
- Equitable distribution of marital property
- Determination of alimony
- Parental responsibility and time-sharing arrangements for minor children
- Calculation of child support based on Florida guidelines
During a trial, each side has an opportunity to present evidence, question witnesses, and make legal arguments.
Divorce matters are decided by a judge, not by a jury. After hearing the testimony and reviewing the evidence, the judge will issue a ruling on each contested issue, which forms the basis of the financial judgment, or divorce decree. Divorce trials can last anywhere from a few hours to several days, depending on the complexity of the case.
Step 12: Final Judgment of Dissolution of Marriage
Once all matters are resolved by either settlement or court ruling, the judge will issue a Final Judgment of Dissolution of Marriage. This document legally terminates the marriage and outlines all court-ordered terms regarding the couple’s property division, finances, and parenting arrangements.
Once the final judgment is entered, both spouses are legally bound by these terms. If circumstances change in the future, either party must request a modification through the court to change its provisions.
Taking the Next Step
Whether you are just considering divorce, have already begun the process, or are facing a highly contested case, having experienced legal guidance can make all the difference. Florida’s divorce process involves complex financial disclosures, critical deadlines, and legal decision-making that will impact your future for years to come.
At Melone Hatley, P.C., our Tampa divorce attorneys are committed to protecting your rights and advocating for your best interests so you can face the future with peace of mind. From negotiating a fair settlement to standing by your side at trial, we are here to provide the strategic legal support you will need every step of the way. Call our offices at (813) 400 – 1602 or schedule a free consultation through our website with one of our Client Services Coordinators today.
