Florida Divorce Records

Divorces in Florida are typically "no-fault" divorces, meaning that neither party is required to prove wrongdoing by their spouse, nor is any party assigned blame for the end of the marriage. The state legally recognizes two grounds for granting a divorce - if the marriage is irretrievably broken down or if one spouse is mentally incapacitated. Be aware that, even though Florida divorces are typically no-fault-based, you may only file for divorce on the grounds of mental incapacity if a formal ruling of this incapacity has been issued at least three years prior.

According to recent data from the National Center for Health Statistics, Florida has a divorce rate of 3.1 divorces per 1,000 people. While this is higher than the national average of 2.4 per 1,000, it represents a continued decrease in divorce rates recorded across the state.

On average, the cost of filing for divorce in Florida is approximately $10,500 (per spouse), slightly above the national average of $9,969. Note that actual costs are influenced by several factors, such as attorney fees, mediation, and family therapy expenses, and whether issues like custody, support, and visitation are being contested.

Are Divorce Records Public in Florida?

Divorce records are considered public information in Florida and may be inspected and copied by any interested person under Chapter 119 of the Florida Statutes (commonly referred to as the state's Public Records Law).

Notwithstanding this, certain divorce records and related information, such as identifying information on abuse and/or domestic violence victims and sealed records, are considered confidential. Access to these records is usually restricted to specific parties, including the individuals named on the record, their attorneys, and law enforcement.

What Is Included in Florida Divorce Records?

Florida divorce records is a collective term used to refer to several types of official documents that detail divorce proceedings within the state, including:

• Dissolution of Marriage Certificates: these documents, which are commonly referred to as "divorce certificates", are documents issued by the Florida Bureau of Vital Statistics that serve as an official confirmation of the divorce. These certificates are a summary of the court judgment that ended the marriage, as such, they typically contain minimal information, like the names of the divorcing couple, and the date and location of the divorce.
• Divorce Decrees: a divorce decree (officially referred to as a final judgment of dissolution of marriage) is the actual court judgment that ends the marriage and finalizes the divorce. These documents are usually more detailed than divorce certificates and are maintained by the Clerk of Circuit Court in the county where the divorce was granted.
• Divorce Court Records: these comprise the collection of documents generated and/or filed about a divorce proceeding, such as the original divorce petition, motions, court transcripts, settlement agreements, and more. These records are also maintained in the court where the divorce proceeding was filed.

How Do I Find Florida Divorce Records?

Florida divorce records are maintained both locally and at the state level by clerks of court and the Florida Department of Health's Bureau of Vital Statistics, respectively, and you may obtain certified copies of these records from these agencies. Certified copies of divorce records are commonly required for several reasons, such as:

• To prove that you are legally divorced
• To facilitate a name change and/or update legal documents
• To update your marital status for social security, insurance, or other financial institutions
• To apply for certain government benefits or financial claims
• To update wills, trusts, or other estate planning documents
• To modify existing orders regarding support, custody, and/or visitation

Look Up Florida Divorce Certificate

You may obtain certified copies of Florida divorce certificates from the state's Bureau of Vital Statistics by completing and mailing an Application for Florida Dissolution of Marriage Certificate Form to:

In-person requests may also be made at the bureau's office located at:

You will be charged a non-refundable $5 search fee, which also covers the cost of one copy of the requested record (additional charges may apply depending on the nature and scope of your request). Walk-in requests are usually processed the same day, while mail-in requests may take 3 - 5 business days.

Be aware that the Bureau of Vital Statistics only maintains records of divorces from June 6, 1927, to date. However, records of divorces that occurred before this date may be accessed through the court that granted the divorce.

Look Up Florida Divorce Decree

Certified copies of Florida divorce decrees may be accessed through the Clerk of Circuit Court in the county where the divorce was granted. To obtain these records, you will typically need to:

• Determine the county where the divorce was filed.
• Contact the court clerk and submit a request for the record. Depending on the court, this request may be submitted in person, online, or via mail.
• Pay the stipulated fees. This varies by jurisdiction but typically ranges from $2 - $5 per copy. 

Look Up Florida Divorce Court Records

You may access copies of Florida divorce court records, like petitions for dissolution of marriage and court orders issued about the divorce, by contacting the clerk of the court that granted the divorce. Be aware that search and/or copy fees may apply.

Can You Seal Divorce Records in Florida?

Yes, divorce records may be sealed in Florida. To initiate the process, you will need to file a Motion to Determine Confidentiality of Court Records with the court that granted the divorce. The motion must include justifiable reasons for the request, such as safeguarding the privacy and/or safety of those involved, especially in cases of domestic violence, child abuse, or mental health struggles.

It's important to note that the court has the discretion to grant or deny the request to seal records, and will usually make its decision after a thorough review of the motion.

How Long Does a Divorce Take in Florida?

Under Florida law, a divorce can be finalized no sooner than 20 days after the filing of the petition for dissolution of marriage. However, exemptions to this mandatory waiting period may be made in situations where delaying the divorce would cause harm or an injustice to either spouse.

Be aware that actual divorce proceedings may take longer than 20 days, depending on the complexity of the case.

Does Florida Require Separation Before Divorce?

No, Florida does not require separation before divorce. However, many couples typically live apart during the divorce process.

How Are Assets Split in a Florida Divorce?

Florida generally follows the principle of equitable distribution in divorces, where marital assets and liabilities are divided fairly, but not necessarily equally, as stipulated by Section 61.075 of the Florida Statutes. Per this law, courts must begin any property division under the assumption that the property will be equally split between both parties (similar to the 50/50 approach utilized by certain states), then make necessary adjustments to ensure an equitable division. The court's final decision will be based on certain factors, such as:

• The duration of the marriage
• Each spouse's contribution to the marriage
• Each spouse's contribution to the other spouse's personal career and/or education
• Career and/or educational sacrifices made by either spouse
• The economic circumstances of both spouses
• Each spouse's contribution towards earning, improving, or creating their assets, whether marital or nonmarital
• Any intentional misuse or destruction of marital assets by either spouse after filing for divorce or within two years before filing
• Whether it would be fair and beneficial to retain the marital home for any dependent child (or another party), and if it would be financially feasible to do so until the child becomes an adult or the court decides otherwise

Who Gets Custody of a Child in Divorce in Florida?

Child custody decisions in Florida are generally based on the best interests of the child and ensuring that both parents have frequent and continuing contact with their children after a divorce. While there has been a historical bias toward granting custody to mothers (largely due to the "tender years" doctrine), the state has made significant strides toward eliminating gender bias and creating a more balanced approach. According to a recent survey, fathers in Florida are likely to receive about 50% of child custody time (roughly translating to approximately 183 days per year). This is significantly higher than the national average of 35%.

To this end, Florida's child custody laws, which are primarily outlined in Section 61.13 of the Florida Statutes, recognize two main types of custody: Parental Responsibility (legal custody) and Time Sharing (physical custody):

• Parental Responsibility: This pertains to each parent's right to make significant decisions about the child's upbringing, such as matters concerning health care, education, and religion.
• Shared Parental Responsibility: Here, both parents make joint decisions regarding these major decisions. This is the presumed arrangement in Florida unless the court deems it detrimental to the child's well-being. It should be noted that shared parental responsibility doesn't automatically mean that both parents must agree with every important decision. In some cases, one parent may be granted ultimate decision-making responsibility over specific aspects of the child's welfare.
• Sole Parental Responsibility: In this arrangement, one parent is given the exclusive right to make major decisions concerning the child's upbringing.
• Time Sharing: this refers to the physical time the child spends with each parent. While courts try to ensure that children spend as much time with each parent as possible, it does not necessarily mean that each parent will get equal custody time.