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Brevard County Divorce FAQ

How long do I have to live in Melbourne before I can file for divorce?

You must live in Florida continuously for six (6) months before you can file for divorce. If you and your spouse have separated before you moved to Florida, the issue of which state has jurisdiction comes into play. Typically, the state where the parties last lived together as husband and wife with an intention to stay married is the state with jurisdiction to divide property and award spousal support.

Is there a mandatory waiting period in Florida before a divorce can be granted? How long will a divorce take?

There is no mandatory waiting period in Florida to be granted a divorce. If a divorce is uncontested and the parties agree, a divorce takes only as long as it takes to draft a Marital Settlement Agreement and for both parties to sign the agreement and schedule the final hearing with the judge. If the divorce is contested, there is no good answer to how long a divorce will take. It really depends on the parties’ willingness to compromise and settle and the complexity of the issues. Some cases settle at mediation in the first few months while others go all the way to trial.

How can I serve my spouse in Melbourne?

If attempts to serve do not work, can I serve by publication? Our office uses a private process server to serve an opposing party. If we know the whereabouts of the party we are trying to serve, we cannot use publication. Publication is only used when a good faith search through all reasonable means for the whereabouts of a spouse has been conducted and the location of that spouse cannot be found.

How much are the filing fees with the Brevard County Clerk of Court?

Currently, the filing fees in Brevard County for divorce, paternity, or modification of a previous action are as follows:

Divorce:

  • To file a Petition $422.00 ($409.00 filing fee + $10.00 issue the Summons + $3.00 clerk’s convenience fee)
  • To file Counter Petition $298.00 ($295.00 filing fee + $3.00 clerk’s convenience fee)
  • Paternity: $314.00 ($301.00 filing fee + $10.00 issue the Summons + $3.00 clerk’s convenience fee)
  • Modification of a Prior Action: $63.00 ($50.00 filing fee + $10.00 issue the Summons + $3.00 clerk’s convenience fee)

Please note, the amounts above are if paying by check, if using a credit card to pay filing fees the Clerk’s fees for doing so are higher.

Are there any Brevard County-Specific laws that are different from how other family law cases around the state are handled?

Every judicial circuit around the state has its own procedures and guidelines. Brevard County is in the 18th Judicial Circuit with Seminole County. However, the laws applied concerning divorce, paternity, custody, alimony, etc. are consistent throughout the state.

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