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Understanding How to Get a Divorce in Volusia County
Filing for divorce in Volusia County, FL, can seem like a daunting journey. But it doesn’t have to be. Imagine navigating the process with a clear roadmap, understanding exactly where to start and what steps to follow.
Whether it’s understanding the legal requirements, figuring out where to submit your paperwork, or knowing what to expect along the way, we’ve got you covered. This guide is your first step towards a new beginning.
It’s designed to simplify the complexities of the divorce process, offering you clarity and support when you need it most. So, let’s dive in, shall we? Keep reading to find out how you can turn this challenging chapter into a stepping stone for a fresh start.
To get more info on filing for divorce in Florida, find a detailed overview in our article, How to File for Divorce in Florida.
Key Takeaways:
- To file for divorce in Volusia County, FL, you or your spouse must meet the residency requirement of living in Florida for at least 6 months.
- Filing for divorce can be complex, especially in contested cases involving child custody, alimony, and division of assets.
- Consulting a divorce attorney can help you navigate the legal proceedings and ensure a fair resolution.
- Be prepared to provide proof of residency with a Florida ID or driver’s license.
- It is important to understand the specific requirements and steps involved in filing for divorce in Volusia County, FL.
Table of Contents
Who is Eligible to File for Divorce in Volusia County, FL?
In order to file for divorce in Volusia County, FL, at least one spouse must meet the residency requirement of living in Florida for at least 6 months. Either you or your spouse should currently reside or have last lived in Volusia County as a married couple. If neither of you currently reside or ever resided in Volusia County, you both need to agree that the local circuit court can review your case. The main residency requirement is for either of you to live in Florida for at least 6 months before bringing the divorce case to court. Proof of residency can be provided with a Florida ID or driver’s license.
Grounds for Divorce in Volusia County, FL
Volusia County, FL follows the no-fault divorce principle, which means that you don’t have to prove fault or misconduct in order to obtain a divorce. The grounds for divorce in Volusia County are the irretrievable breakdown of the marriage, which means that the marriage is beyond repair and there is no chance of reconciliation, or the mental incapacitation of one spouse for at least three years. It is important to note that mental incapacitation must be proven with supporting evidence. Consulting with a divorce attorney can help you understand the grounds for divorce and the requirements for each.
How To File for Divorce in Volusia County, FL
Step-by-Step Filing Process
Filing for divorce in Volusia County, FL involves several steps. Follow this step-by-step guide to navigate the divorce filing process:
- Complete the necessary paperwork specific to your family situation, including the petition for dissolution of marriage, marital settlement agreement, financial affidavit, and other required forms.
- Obtain these forms online or from the court clerk’s office. Ensure you have all the appropriate forms for your case.
- Once completed, sign and notarize the forms. Make copies of all the documents for your records.
- Visit the county court location in Volusia County to file the Divorce forms with the court clerk.
- After filing, gather the copies of the filed documents and any additional forms required for service.
- Serve these documents to your spouse through a sheriff or a process server.
- If you have children, you are also required to attend a parenting course. Complete the course and submit the certificate of completion to the court.
- Exchange financial affidavits with your spouse as part of mandatory disclosure.
- Inquire with the court clerk about a hearing date once the documents are served and all requirements are met.
- Attend the hearing and bring any remaining documents with you.
- Upon the judge signing the final judgment, file the final disposition with the court clerk to complete the filing process.
How Much Does it Cost to File for Divorce in Volusia County, FL?
When filing for divorce in Volusia County, FL, there are filing fees that need to be paid.
| Filing Fees | Fee |
|---|---|
| Dissolution of Marriage | $408.00 |
| Simplified Dissolution of Marriage | $411.50 |
| Petitions for Domestic Relations pursuant to Chapters 39, 61, 741, 742, 747, 752, and 753 (support, visitation, custody, and paternity) | $300.00 |
| Counterpetition in any of the above | $295.00 |
| Petitions for Domestic Relations (name change, adoption, delayed birth certificate, Chapter 751: petition for custody by extended family member) | $400.00 |
| Counterpetition in any of the above | $395.00 |
| Reopen | $50.00 |
| Petition for Modification of Dissolution of Marriage | $50.00 |
| Other Fees | Fee |
|---|---|
| Summons Issuance, per summons | $10.00 |
| Enforcement of Foreign Judgment | $42.00 |
| Attorney Appearance Pro Hac Vice | $100.00 |
It is advisable to contact the court clerk before visiting the court to inquire about the exact sums and the acceptable methods of payment for court fees in Volusia County.
However, the court recognizes that not everyone can afford to pay the fees and allows for the possibility of requesting a fee waiver by obtaining an indigent status. To request a fee waiver, an application form needs to be filled out and filed along with the other divorce documents.
It is important to note that the court may decline the request to waive the fees if the requirements are not met.
Fee Waiver in Volusia County, FL
In Volusia County, FL, individuals who cannot afford to pay the divorce filing costs can request a fee waiver by obtaining an indigent status. To do so, an application form for determination of civil indigent status needs to be filled out and filed with the court clerk.
There is a fee associated with this service, and it cannot be waived. The court will review the application and make a determination based on the financial circumstances of the individual. If the court finds that the requirements for indigent status are met, the fees may be waived. However, if the court determines that the individual does not meet the requirements, the fees will need to be paid.
Where to File for Divorce in Volusia County, FL
The court is located at:
125 E Orange Ave # 201, Daytona Beach, FL 32114, United States
- Phone: +13862488182
How To File Without an Attorney in Volusia County, FL
If you and your spouse agree on all aspects of your divorce, it is possible to file without an attorney in Volusia County, FL. This option is most suitable for uncontested divorces, where there are no disagreements regarding child custody, alimony, or division of assets.
In an uncontested divorce, you can follow a simplified procedure, which involves filing a joint petition along with the additional required forms. It is important to ensure that all the necessary paperwork is completed accurately and submitted to the court. By attending the hearing together, you can demonstrate to the court that both parties are in agreement.
However, if your divorce is contested and there are disagreements, it is recommended to seek the assistance of a divorce attorney. The contested divorce process can be complex, and having legal representation can help protect your rights and interests throughout the proceedings. A divorce attorney can guide you through the required steps, provide legal advice, and negotiate on your behalf.
To see how this process of filing for divorce in Volusia County compares to that in other Florida counties, check out our articles about how to file for divorce in St. Johns County and filing for divorce in Alachua County.
