Divorce FAQ's

Do both parties need to attend a final divorce hearing or trial?
It depends on the type of case. In a Simplified Dissolution of Marriage proceeding, both parties MUST attend the final hearing. In an Uncontested Divorce proceeding, the petitioner MUST attend the final hearing but the respondent is not required to appear. In a Contested Divorce proceeding, both parties MUST attend the final hearing or trial. Please note: The Judge will only consider testimony that he/she hears. If you have information that you want the Judge to consider, you must attend the hearing or trial. return to top
If I have been separated for more than 3 years, do I still need a Marital Settlement Agrrement?
If you want to proceed with a Simplified Dissolution of Marriage or an Uncontested Divorce, you MUST have a Marital Settlement Agreement. Otherwise, you must proceed with a Contested Divorce. return to top
After being served with papers, do I have to serve my Answer on the other party by the Sheriff?
No. You may mail a copy of your Answer to the other party. Your original Answer (which is filed with the Clerk) should contain a Certificate of Mailing, showing the day that you mailed the Answer to the other party. Remember to keep a copy of your Answer for yourself. return to top
Do I still need to attend the final hearing if my spouse and I went to mediation and signed an agreement that resolves all of our issues?
Yes, the Petitioner must always attend the final hearing or trial. return to top
Can I get a Divorce in Brevard County if I live in another county?
Yes, but the other party may request that the case be transferred to the county in which you live. return to top
What do I do if my spouse will not sign a Marital Settlement Agreement?
If your spouse will not sign a Marital Settlement Agreement, you must proceed with a Contested Divorce. return to top
If my spouse will not attend the Helping Children Cope with Divorce seminar, can I still get divorced?
Yes. If your spouse refuses to attend the seminar, contact the Family Court Coordinator at (321) 637-5368 and request that a hearing be scheduled for your spouse to show cause why he/she should not be held in contempt. return to top
My spouse and I have no children or property. Do I still need to complete a Financial Affidavit?
Regardless of the circumstances, each party must complete a Financial Affidavit. return to top
Do I have to use the Affidavit of Corroborating Witness if I bring a friend to the hearing?
You need to have either the Affidavit of Corroborating Witness or bring the witness to the hearing.   Please note: The witness must have known you at least 6 months prior to the date you filed the Petition for Dissolution of Marriage. return to top
When is my divorce final?
Your divorce is final at the time the Judge signs the Final Judgment of Dissolution of Marriage. return to top
How long does it take to get an Uncontested Divorce?
It will take approximately 4 to 8 weeks once you have completed and filed all of the required forms. return to top
What do I do if I want an Uncontested Divorce but I cannot locate my spouse?
If you cannot find your spouse, you cannot proceed with an Uncontested Divorce. In order to obtain service on your spouse, you may have to publish a notice in the newspaper. Before publishing the notice, however, you must first make a diligent search for your spouse's address. Diligent search requires you to contact friends, relatives, former employers, the Post Office, utility companies, etc., to try to obtain your spouse's address. You must keep a record of each person you contacted, the date of the contact, and what you were told. return to top
What is a Contested Divorce?
In a Contested Divorce, one of the parties is a Petitioner and one of the parties is a Respondent. The parties have not reached an agreement as to the division of their property, responsibility for marital debts, or issues involving the children. Both parties must complete a Financial Affidavit and all other necessary forms. The Court may award Child Support or Alimony. The Petitioner MUST attend the final hearing or trial. return to top
What is an Uncontested Divorce?
In an Uncontested Divorce, one of the parties is a Petitioner and one of the parties is a Respondent. Both parties have resolved all issues and must sign an agreement setting forth the division of their property, responsibility for marital debts, and issues involving the children. Both parties must complete a Financial Affidavit and all other necessary forms. The Petitioner MUST attend the final hearing. return to top
What is a Simplified Dissolution of Marriage?
In a Simplified Dissolution of Marriage, both parties are Petitioners, there are no minor children of the marriage, the wife is not pregnant, and both parties agree to the division of their property and responsibility for marital debts. Both parties must complete a Financial Affidavit and a Property Settlement Agreement. The Court will not award Alimony to either party. Both parties MUST attend the final hearing. return to top