Uncontested Final Hearing
WARNING: If there is a minor child of the marriage, you will not be given a hearing date until both you and the Respondent attend a seminar on "Helping Children Cope With Divorce". The Clerk’s Office will provide you with a list of telephone numbers to call and schedule your attendance.
If it has been twenty days since you served the Respondent with the Petition for Dissolution of Marriage, both parties have attended the "Helping Children Cope with Divorce Seminar" (if there are minor children of the marriage), and you have an Answer and Waiver from the Respondent, you may set a final hearing by filing a Motion to Set Final Hearing/Non-Jury Trial.
If a Default has been entered against the Respondent and there are children involved OR a Marital Settlement Agreement and an Answer and Waiver have been filed, you may set a final hearing but you MUST still send the Respondent a Motion to Set Final Hearing/Non-Jury Trial. The Judge WILL NOT be able to hear the case until after the Respondent is given notice of when and where it will be held and given the right to appear and be heard on issues of child custody, visitation, or support. Please note that this hearing may be set before the General Master or a Judge.
A form called a Motion for Order Setting Final Hearing/Non-Jury Trial is available from the Clerk’s Office.
You must bring ONE of the following to the final hearing to prove that you are a resident of Florida:
Contested Final Hearing
WARNING: If there is a minor child of the marriage, you will not be given a trial date until both you and the Respondent attend a 3 2 hour seminar on "Helping Children Cope With Divorce". The Clerk's Office will provide you with a list of telephone numbers to call and schedule your attendance. If the Respondent cannot be found to get personal service, the Judge may not require the seminar for the Respondent if you ask the Judge not to require it.
Setting the Date
When the Respondent files an Answer to the Petition stating that he/she does not agree with what you have asked for in the Petition, and you have filed an Answer to any Counterpetition filed against you, the case is "at issue" and can be set for trial. Either an Answer or a Default MUST be in the court file for the Petition, and for the Counterpetition if one has been filed, before a trial date may be set. The procedure for requesting a Default is discussed in detail above in subsection (C)(2) "DEFAULTS".
Setting a trial date is done by filing a notice stating that the case is ready for trial, that it is an original non-jury action, and giving your estimate on how much time you think will be needed for the parties and any witnesses to testify and present evidence. (Any action filed with the Clerk that does not attempt to modify the result of an earlier judgment in the case is an original action, and dissolution cases are all tried without juries.) The original Notice of Non-Jury Trial must be filed with the Clerk of the Court, and copies of it must be sent to the other party and to the Judge assigned to the case.
A form called a Notice of Non-Jury Trial is available from the Clerk’s Office.
You must bring any witnesses you need with you to the trial. It is best to have necessary witnesses subpoenaed to make sure they will come to the trial. The Clerk's Office will issue you a subpoena for your witnesses, but you will need to arrange for service of the subpoena by the Sheriff, a process server, or any other person who is not a party but is 18 years of age or older. A written statement or "proof of service" that one of the above people has actually served the subpoena on the witness must then be filed in the court file.
A subpoenaed witness is entitled to witness fees and mileage. You must provide the person serving the subpoena on the witness with a check or money order to pay the fees and mileage at the time the subpoena is served. You must also pay the person serving the subpoena. The witness fee is $5.00 plus 6 cents per mile for the actual distance of the witness' house to the courthouse and back home. (These charges subject to change.) If you do not give the witness these amounts, the witness may not come to the trial and, if not, will not be punished by the Judge.
At the Trial
At the trial you, the Respondent, and all of the witnesses will be sworn to tell the truth. If any party or witness tells a lie during the trial or any other court proceeding, they could either be held in contempt by the Judge and punished or be prosecuted by the State Attorney's office for a felony called perjury.
You must bring all papers, cancelled checks, and other evidence you want the Judge to see with you to the trial. The Judge will make rulings on all of the issues and direct that a Final Judgment be prepared on the rulings. The marriage is NOT dissolved (you are not divorced) until the Final Judgment is SIGNED by the Judge and RECEIVED by the Clerk of the Court. You must bring a Final Judgment form with you or prepare one after the trial. You may need help in preparing the Final Judgment form. The Judge does not prepare it for you. You should see an attorney to help you prepare it so your divorce can be finalized quickly.
A Court Reporter is not required for a contested dissolution of marriage case, but you may still request one if you wish a record of the testimony at the trial. If you think you may wish to appeal the Final Judgment ordered by the Judge, you MUST have a transcript of the trial testimony and proceedings to give to the appeals court. A transcript of the trial is the only opportunity for the appellate court to "hear" the parties' and witness' testimony.
You and your witnesses should be dressed properly at the time of your appearance. Shorts, cut off jeans, halter tops, no shoes, etc., show disrespect for the Judge. Unless you are properly dressed, you may not be allowed to have your hearing at that time.
Emergency Hearings
If any kind of Court ruling is needed before the Respondent answers your Petition, such as temporary child support or alimony, temporary custody to protect the child(ren), or a restraining order, a Motion for Temporary Relief asking for that relief can be filed with the Clerk of the Court. In the motion you must state the exact action you want the Judge to take and the FACTS which you believe will prove why your motion should be granted. A copy of the motion must be served on the Respondent by either the Sheriff or any other process server or, if the Respondent has already been served with the Petition, by U.S. Mail.
To have the Judge hear your motion, you must call Clerk’s Office and ask for a date and time to have the hearing. After getting a date and time for a hearing, you must then write out a Notice of Hearing stating the Judge's name and the date, time, and place of the hearing. You must file the original Notice of Hearing with the Clerk and send a copy of it to the Respondent. A Notice of Hearing form is available from the Clerk’s Office.
You MUST bring your witnesses to the hearing. If you think the witnesses will not come voluntarily, you can ask the Clerk of the Court to issue a subpoena. The subpoena, provided by you, must be served on the witness to make the witness appear and testify. You will need to arrange for service of the subpoena by the Sheriff, a process server, or any other person who is not a party but is 18 years of age or older. A written statement of "proof of service" that one of the above people has actually served the subpoena on the witness must then be filed in the court file.
A subpoenaed witness is entitled to witness fees and mileage. You must provide the person serving the subpoena on the witness with a check or money order to pay the fees and mileage at the time the subpoena is served. You must also pay the person serving the subpoena. The witness fee is $5.00 plus 6 cents per mile for the actual distance of the witness' house to the courthouse and back home. (These charges subject to change.) If you do not give the witness these amounts, the witness may not come to the trial and, if not, will not be punished by the Judge.
WARNING: If there is a minor child of the marriage, you will not be given a hearing date until both you and the Respondent attend a seminar on "Helping Children Cope With Divorce". The Clerk’s Office will provide you with a list of telephone numbers to call and schedule your attendance.
If it has been twenty days since you served the Respondent with the Petition for Dissolution of Marriage, both parties have attended the "Helping Children Cope with Divorce Seminar" (if there are minor children of the marriage), and you have an Answer and Waiver from the Respondent, you may set a final hearing by filing a Motion to Set Final Hearing/Non-Jury Trial.
If a Default has been entered against the Respondent and there are children involved OR a Marital Settlement Agreement and an Answer and Waiver have been filed, you may set a final hearing but you MUST still send the Respondent a Motion to Set Final Hearing/Non-Jury Trial. The Judge WILL NOT be able to hear the case until after the Respondent is given notice of when and where it will be held and given the right to appear and be heard on issues of child custody, visitation, or support. Please note that this hearing may be set before the General Master or a Judge.
A form called a Motion for Order Setting Final Hearing/Non-Jury Trial is available from the Clerk’s Office.
You must bring ONE of the following to the final hearing to prove that you are a resident of Florida:
- A witness, 18 years of age or older, who can testify that the witness, by his/her own personal knowledge, knows that either you OR the Respondent are presently a resident of the State of Florida and that you have been a resident of Florida for at least 6 months continuously before the Petition was filed.
- An Affidavit of Residency, properly filled out by someone 18 years of age or older and notarized. The person signing it must have personal knowledge that you or the Respondent have lived in Florida at least six months before you filed your Petition for Dissolution of Marriage. A form called Affidavit of Residency is available from the Clerk’s Office).
- A valid Florida Driver's License or Florida Voter's Registration card.If you cannot prove that you or the other party is a resident of Florida and have been a resident for at least 6 months before the Petition was filed, the Judge cannot give you a divorce.When you come for the final hearing you will also need to bring with you (1) a Final Disposition Form; (2) a Final Judgment for the Judge to sign; (3) the fee for the Court Reporter because a Court Reporter is required in an uncontested dissolution hearing (fee may vary depending on the agency); A form called a Final Disposition Form is available from the Clerk's Office.You and your witnesses should be dressed properly at the time of your appearance. Shorts, cut off jeans, halter tops, no shoes, etc., show disrespect for the Judge. Unless you are properly dressed, you may not be allowed to have your hearing at that time.
Contested Final Hearing
WARNING: If there is a minor child of the marriage, you will not be given a trial date until both you and the Respondent attend a 3 2 hour seminar on "Helping Children Cope With Divorce". The Clerk's Office will provide you with a list of telephone numbers to call and schedule your attendance. If the Respondent cannot be found to get personal service, the Judge may not require the seminar for the Respondent if you ask the Judge not to require it.
Setting the Date
When the Respondent files an Answer to the Petition stating that he/she does not agree with what you have asked for in the Petition, and you have filed an Answer to any Counterpetition filed against you, the case is "at issue" and can be set for trial. Either an Answer or a Default MUST be in the court file for the Petition, and for the Counterpetition if one has been filed, before a trial date may be set. The procedure for requesting a Default is discussed in detail above in subsection (C)(2) "DEFAULTS".
Setting a trial date is done by filing a notice stating that the case is ready for trial, that it is an original non-jury action, and giving your estimate on how much time you think will be needed for the parties and any witnesses to testify and present evidence. (Any action filed with the Clerk that does not attempt to modify the result of an earlier judgment in the case is an original action, and dissolution cases are all tried without juries.) The original Notice of Non-Jury Trial must be filed with the Clerk of the Court, and copies of it must be sent to the other party and to the Judge assigned to the case.
A form called a Notice of Non-Jury Trial is available from the Clerk’s Office.
You must bring any witnesses you need with you to the trial. It is best to have necessary witnesses subpoenaed to make sure they will come to the trial. The Clerk's Office will issue you a subpoena for your witnesses, but you will need to arrange for service of the subpoena by the Sheriff, a process server, or any other person who is not a party but is 18 years of age or older. A written statement or "proof of service" that one of the above people has actually served the subpoena on the witness must then be filed in the court file.
A subpoenaed witness is entitled to witness fees and mileage. You must provide the person serving the subpoena on the witness with a check or money order to pay the fees and mileage at the time the subpoena is served. You must also pay the person serving the subpoena. The witness fee is $5.00 plus 6 cents per mile for the actual distance of the witness' house to the courthouse and back home. (These charges subject to change.) If you do not give the witness these amounts, the witness may not come to the trial and, if not, will not be punished by the Judge.
At the Trial
At the trial you, the Respondent, and all of the witnesses will be sworn to tell the truth. If any party or witness tells a lie during the trial or any other court proceeding, they could either be held in contempt by the Judge and punished or be prosecuted by the State Attorney's office for a felony called perjury.
You must bring all papers, cancelled checks, and other evidence you want the Judge to see with you to the trial. The Judge will make rulings on all of the issues and direct that a Final Judgment be prepared on the rulings. The marriage is NOT dissolved (you are not divorced) until the Final Judgment is SIGNED by the Judge and RECEIVED by the Clerk of the Court. You must bring a Final Judgment form with you or prepare one after the trial. You may need help in preparing the Final Judgment form. The Judge does not prepare it for you. You should see an attorney to help you prepare it so your divorce can be finalized quickly.
A Court Reporter is not required for a contested dissolution of marriage case, but you may still request one if you wish a record of the testimony at the trial. If you think you may wish to appeal the Final Judgment ordered by the Judge, you MUST have a transcript of the trial testimony and proceedings to give to the appeals court. A transcript of the trial is the only opportunity for the appellate court to "hear" the parties' and witness' testimony.
You and your witnesses should be dressed properly at the time of your appearance. Shorts, cut off jeans, halter tops, no shoes, etc., show disrespect for the Judge. Unless you are properly dressed, you may not be allowed to have your hearing at that time.
Emergency Hearings
If any kind of Court ruling is needed before the Respondent answers your Petition, such as temporary child support or alimony, temporary custody to protect the child(ren), or a restraining order, a Motion for Temporary Relief asking for that relief can be filed with the Clerk of the Court. In the motion you must state the exact action you want the Judge to take and the FACTS which you believe will prove why your motion should be granted. A copy of the motion must be served on the Respondent by either the Sheriff or any other process server or, if the Respondent has already been served with the Petition, by U.S. Mail.
To have the Judge hear your motion, you must call Clerk’s Office and ask for a date and time to have the hearing. After getting a date and time for a hearing, you must then write out a Notice of Hearing stating the Judge's name and the date, time, and place of the hearing. You must file the original Notice of Hearing with the Clerk and send a copy of it to the Respondent. A Notice of Hearing form is available from the Clerk’s Office.
You MUST bring your witnesses to the hearing. If you think the witnesses will not come voluntarily, you can ask the Clerk of the Court to issue a subpoena. The subpoena, provided by you, must be served on the witness to make the witness appear and testify. You will need to arrange for service of the subpoena by the Sheriff, a process server, or any other person who is not a party but is 18 years of age or older. A written statement of "proof of service" that one of the above people has actually served the subpoena on the witness must then be filed in the court file.
A subpoenaed witness is entitled to witness fees and mileage. You must provide the person serving the subpoena on the witness with a check or money order to pay the fees and mileage at the time the subpoena is served. You must also pay the person serving the subpoena. The witness fee is $5.00 plus 6 cents per mile for the actual distance of the witness' house to the courthouse and back home. (These charges subject to change.) If you do not give the witness these amounts, the witness may not come to the trial and, if not, will not be punished by the Judge.