How can I get a Divorce?
You have a few options. You can consult an Attorney or a Paralegal, or you can do it on your own. If you wish to do it on your on, complete Divorce packets are available in the Family Relations Department office for a charge amount. (SEE SELF HELP PROGRAM SECTION)
1. You will need to take the packet home, read the instructions, and fill out all of the forms.
2. You then need to sign your forms and have your signature notarized where requested. If your spouse is in agreement with everything, your spouse needs to complete his or her forms, sign them, and have the appropriate ones notarized. If your spouse is not in agreement, then you will need to get all of his or her blank forms together in order to have them served through the Sheriff's Department.
3. Make 2 sets of copies of the forms that are filled out. One set is for your records and the other is for your spouse.
4. Bring all of your original documents, your two sets of copies, your Florida Driver's License or some form of a picture ID and 6 self addressed stamped envelopes (3 to each party) to the Family Relations Office for filing. See the fee schedule for filing fees and it can be paid by cash, money order, Attorney check or Credit card: American Express, Master Card, Visa and Discover are accepted. WE DO NOT ACCEPT PERSONAL CHECKS. Make checks payable to: Clerk of Court.
5. The clerk will open your case and process your paperwork in approximately 30 minutes.
6. Once the Clerk is finished processing your paperwork, he/she will explain your next steps and will give you information on contacting our Self-Help Coordinator.
7. If there is a minor child or children of the marriage, both parties are required by Court Order to attend a Parent Education Course. Once both parties have completed the course and their Certificates have been turned in, you will be able to schedule a Final Hearing.
8. You will have to attend a court hearing for the Judge to sign the Final Divorce papers. This hearing normally lasts approximately 15 minutes. |
The entire process from filing the Divorce papers to the time of the Final Hearing takes approximately 90 days.
How can I file for Custody of my child?
Were the natural parents of the child or children ever married?
1. If you answer YES: We do not have a packet of papers for sale for you to obtain custody. You need to do some research on the Internet, in a Law Library, consult a Paralegal or consult an Attorney in order to obtain the documents that you need.
2. If you answer NO: We have a packet of papers that you can purchase. This packet is called "A Petition to Determine Paternity". You have to establish paternity of the child and at the same time you can request for custody. You may purchase the packet and when you are ready to file your papers, the filing fee prices and packet cost are listed on our fees page. ALL FEES ARE CASH, MONEY ORDER, ATTORNEY CHECK or CREDIT CARD (AMERICAN EXPRESS, MASTER CARD, VISA or DISCOVER). Make checks payable to: Clerk of Court |
How can I file for Custody of a child?
Is the child related to you?
1. If you answer YES: A packet of papers is available from the Family Relations Department office. This packet is called "A Petition for Temporary Legal Custody". This packet can only be used by someone who is related to the child (Brother, Sister, Aunt, Uncle, or Grandparent). You may purchase the packet and when you are ready to file your papers, the filing fee prices and packet cost are listed on our fees page. ALL FEES ARE CASH, MONEY ORDER, ATTORNEY CHECK or AMERICAN EXPRESS, MASTER CARD, VISA or DISCOVER. Make checks payable to: Clerk of Court
2. If you answer NO: You need to do some research on the Internet, in a Law Library, consult a Paralegal, or consult an Attorney in order to obtain the papers that you need. |
How can I obtain a copy of my Final Judgment?
You must request your copy either in person or by written request. If you send a written request, you need to contact the Family Relations Department office by telephone and find out how many pages the document has. Then with your written request, you need to enclose a money order or Attorney's check for the appropriate amount, and a self addressed, stamped envelope. Please make the check payable to: Clerk of Court. This will enable us to process the request quickly. We try to fulfill your request and mail it back to you the same day that we receive it.
| To view the cost of the charges please visit our fees page. |
· Copies are charged per page.
· If you need to have the document certified, there is an additional charge to certify the document.
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Is there a Legal Aid Service?
Yes. Legal Aid Service in St Lucie County is available by contacting:
Florida Rural Legal Services
510 S US Hwy 1
Suite 1
Fort Pierce, FL 34950
(772) 466-4766 |
Do you have a list of providers for the Parent Education Class?
Yes. The following are the names and telephone numbers of the providers in St Lucie County:
| Divorce Without War |
(772) 633-5728 |
| Families First |
(772) 465-6011 or (772) 781-4510 |
| Positive Divorce Resolutions |
(772) 288-9886 or (888) 466-9886 |
Why do we have to complete a Financial Affidavit or a Marital Settlement Agreement when everything is agreed upon?
The Law requires that each party complete a Financial Affidavit and must provide the Court with a Marital Settlement Agreement, if possible.
I was served a Summons. How do I respond and to whom do I respond?
You need to state whether you agree or disagree to the allegations in the Petition that you were served. Your original response must be filed with the Court. You need to make sure that you keep a copy for your records and you must send a copy to the other party and/or their Attorney.
When do I get a court date?
You will be assigned a court date once all of your papers have been completed and filed.
· If you have a child or children, you both must have your Certificate of Completion filed.
· If you have served the other party via Summons, the Family Relations Department must have the Original Summons and the Return of Service filed. The person that was served the documents has a total of 20 days to respond to the court in writing. This 20-day period begins the day after the party is served and will last until 5:00pm on the 20th day. If the person does respond, you may contact the Self-Help Coordinator at (772)462-1149 to find out what your next step is. If that person does not respond within the time frame, you will need to file a Non-Military Affidavit and a Motion for Default - Default with the court and you will then be able to request a court date. |
How long will it take for my case to become final?
· If your case is uncontested, with no children, then it will take about 60 days.
· If your case is uncontested, with children, then your case will take about 90 days. |
Is there anyone that can help me fill out a packet of papers?
NO. There is no one to help you do this. You are acting as your own Attorney. If you do need to ask a question, you can reach the Self-Help Coordinator by telephone only at (772)462-1149.
I purchased a packet and I found that I don't need it. How can I get my money back?
You cannot get your money back. All of our fees, including the packet fees are non-refundable.
I paid the filing fee to have my case opened and now I have decided that I don't want to go through with it. How can I get my money back?
You cannot get your money back. All of our fees, including the filing fees are non-refundable.
How can I attend a hearing by telephone?
It is always in your best interest to attend a hearing in person. If you CAN NOT attend, you MUST file a motion to appear by phone. That motion will be forwarded to the self help coordinator and you will be contacted as to your next step.
I do not have the money to file my case. Can the filing fee be waived?
No. The filing fees must be paid. If you do not have the money to pay for the case when it is filed, you may talk with the Family Relations office at (772) 462-6910 or our Indigency Department at (772)462-6935. They will assist you with a payment plan and you will be required to sign a Partial Payment Agreement. There is a one-time charge for this service. To view the cost of the charge please visit our fees page. |
