The information on this page is intended to provide general guidance about the divorce process in Brevard County, including filing requirements, procedures, and common questions.
While individuals are not required to have an attorney to file for divorce, divorce proceedings involve legal rights and obligations. Court staff cannot provide legal advice, and parties may wish to consult with an attorney for assistance.
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.
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.
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.
Yes, the Petitioner must always attend the final hearing or trial.
Yes, but the other party may request that the case be transferred to the county in which you live.
If your spouse will not sign a Marital Settlement Agreement, you must proceed with a Contested Divorce.
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.
Regardless of the circumstances, each party must complete a Financial Affidavit.
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.
Your divorce is final at the time the Judge signs the Final Judgment of Dissolution of Marriage.
It will take approximately 4 to 8 weeks once you have completed and filed all of the required forms.
If you cannot find your spouse, you cannot proceed with an uncontested divorce. 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 contact, the date of the contact, and what you were told.
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.
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.
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.