#1 Your Paths Through Divorce
Free Family Law Pro Se Guide
Free Florida Family Law Guide
This is designed to be a helpful guide. Please do not take anything in this to be legal advice as it is for educational purposes only. Always verify local rules and administrative orders for your county and assigned judge.
Section 1: Common Misconceptions and Mistakes Debunked
Mistake 1: Believing a child can choose which parent to live with at a certain age.
There’s a widespread myth that at 12 or 14, a child can decide. This is simply not true. Correct Approach: There is no fixed age where a child gets to unilaterally choose. The court may consider a mature child’s preference as one factor, but it’s never the sole deciding factor. And a child never has the authority to violate a court-ordered schedule on their own. Generally, the older the child, the more weight their preference might carry, but the judge makes the decision, not the child. Once the court makes a decision, the parents must follow.
Mistake 2: Failing to exchange mandatory financial documents called Mandatory Disclosures (or lying in your financial disclosures).
Some people think they can hide income or not disclose an account. Besides being unethical, it can severely backfire: the court can sanction you, impute income, or award the other side a greater share of assets as a penalty. Rule 12.285 requires honest disclosure. Florida courts have set aside agreements and judgments when one party committed financial fraud. Correct Approach: Disclose thoroughly. If you’re unsure whether to include something, include it. If you fear information (like your address in a DV case) might be misused, talk to the clerk about confidentiality provisions rather than omitting it.
Mistake 3: Not responding when you have been served (defaulting).
Some people ignore a petition/summons for divorce or paternity out of fear or hope it’ll go away. If you don’t file an answer in 20 days, the court may on its own or the petitioner may seek a default, meaning you lose your chance to have input. The court can then enter a default final judgment giving the filing party basically what they asked for, as long as it’s allowable under the law. Correct Approach: Always file an answer or responsive pleading within 20 days of being served. Even if you agree generally, file an answer to avoid default, and engage in the process. If you are served and need more time, you can file a simple Motion for Extension of Time. But do not do nothing.
Mistake 4: Moving away with the kids without agreement or court order.
This often happens if one parent thinks, “there’s no court order, I can go wherever.” Florida’s Relocation law applies even pre-final judgment via injunction and definitely post-judgment. If you relocate a child more than 50 miles without consent or court approval, the court can order the child returned and it will be a big strike against you in custody decisions. It can also trigger criminal charges (interference with custody). Correct Approach: If you need to move, ask your ex if they have an objection and if they do, then it is time to review Florida Statute 61.13001 and to contact an attorney.
Mistake 5: Believing marital property division is affected by fault like cheating.
Florida is a no-fault state for divorce. Economic misconduct (like squandering money) can affect equitable distribution, but immoral behavior like adultery generally does not affect who gets the house or how money is split, except if marital funds were used on the affair (then that can be recouped). Many self-reps waste time trying to bring up cheating or past lies which have little legal relevance to asset division or support (unless it impacts child welfare). Correct Approach: Stick to the financial and child-related facts. Don’t assume you get more of the pot because the other spouse was “at fault” in breaking up the marriage – that’s not how Florida works.
Mistake 6: Not updating address with the court or not reading mail.
Many miss hearings or important notices because they didn’t inform the Clerk of their new address or they ignore mail thinking it’s junk. Florida courts send notices of hearings, trial dates, etc., to the address on file. If you don’t show, orders can be entered without you. Correct Approach: Every time you move or change email (for e-service), file a Designation of Current Address (Form 12.915) and update the e-portal profile. Check the docket or clerk website regularly. Ignorance of a hearing isn’t an excuse if you failed to update contact info.
Mistake 7: Overlooking the parenting course or other procedural requirements.
If you show up to your trial or final hearing without having completed the required parenting class or you have not filed your Certificate of Compliance with Mandatory Disclosure your case may not get finalized and you could even lose time with your children. Correct Approach: Use the checklists (like those provided in packets or by the self-help centers). Ensure you have done the parenting course and filed the certificate, attended mediation if required, and complied with any pre-trial order items (some circuits have pre-trial checklists to complete before a trial like a parenting plan proposal, financial updated, etc.).
Mistake 8: Assuming the Clerk or Judge will tell you what to do next.
Court personnel assist with procedure but they won’t prompt you at every step. Many self-reps file a case and then wait, not realizing they needed to set a hearing or file additional paperwork. In an uncontested divorce, e.g., the judge won’t automatically schedule your final hearing – you or the clerk’s self-help must request it. Correct Approach: Copy the other side on an email to the judicial assistant and proactively ask “What is the next step?” You can also call the Clerk of Court because they may have information on what you need to do at each step: e.g., after filing and service, if the other party doesn’t respond, you must motion for default; if they do respond and it’s contested, you need to set case management or mediation. There is no harm in calling the Clerk of Court’s family law/domestic relations department or visiting the self-help center to inquire about next procedural steps if you are unsure or if your case seems like it is going nowhere fast.
Table of Contents
Table of Contents
Section 2: Standing Family Law / Domestic Relations Orders by Circuit
Below are the standing family law & domestic relations orders organized by each circuit in Florida.
- Circuit 1 – Counties: Escambia, Okaloosa, Santa Rosa, Walton
- Circuit 2 – Counties: Franklin, Gadsden, Jefferson, Leon, Liberty, Wakulla
- Circuit 3 – Counties: Columbia, Dixie, Hamilton, Lafayette, Madison, Suwannee, Taylor
- Circuit 4 – Counties: Clay, Duval, Nassau
- Circuit 5 – Counties: Citrus, Hernando, Lake, Marion, Sumter
- Circuit 6 – Counties: Pasco, Pinellas
- Circuit 7 – Counties: Flagler, Putnam, St. Johns, Volusia
- Circuit 8 – Counties: Alachua, Baker, Bradford, Gilchrist, Levy, Union
- Circuit 9 – Counties: Orange, Osceola
- Circuit 10 – Counties: Hardee, Highlands, Polk
- Circuit 11 – Counties: Miami-Dade
- Circuit 12 – Counties: DeSoto, Manatee, Sarasota
- Circuit 13 – Counties: Hillsborough
- Circuit 14 – Counties: Bay, Calhoun, Gulf, Holmes, Jackson, Washington
- Circuit 15 – Counties: Palm Beach
- Circuit 16 – Counties: Monroe
- Circuit 17 – Counties: Broward
- Circuit 18 – Counties: Brevard, Seminole
- Circuit 19 – Counties: Indian River, Martin, Okeechobee, St. Lucie
- Circuit 20 – Counties: Charlotte, Collier, Glades, Hendry, Lee
Divorce Checklist
- Papers Served
- Court Dates Scheduled
- Reviewed Options
Section 3: Standing Family Law / Domestic Relations Orders by Circuit
Safety First
Let’s get one thing straight right away: if you are being threatened, hurt, controlled, or afraid, your safety matters more than anything else. The paperwork can wait. Your safety cannot.
Unfortunately, there is a statistical relationship between filing for divorce and violence. That is especially true when there has been a history of domestic violence and threats. The good new is that there are resources and people who can and want to help protect you and your family.
24/7 Confidential Support
Florida Domestic Violence Hotline: 1-800-500-1119 National Domestic Violence Hotline: 1-800-799-7233 (or text START to 88788) These hotlines are free, confidential, and available anytime.
General Safety Tips
- Change passwords and enable two-factor authentication for email accounts, bank accounts, and
- Keep copies of important documents somewhere safe
- Tell someone you trust about your plans. Consider a code word for emergencies
- If you are a victim of domestic violence, do not attempt to negotiate your divorce alone
If You’re in Immediate Danger of Violence
Call 911. Don’t hesitate. Don’t second-guess yourself. Just call.
What Are Injunctions for Protection?
Think of an injunction as a court order that tells someone to stay away from you. In Florida, you can get different types of injunctions (including dating violence, repeat violence, domestic violence, and stalking) depending on your situation.
- You don’t need a lawyer (though one can help)
- For domestic violence injunctions, there’s no minimum Florida residency
- A judge can issue a temporary order immediately if there’s immediate danger
What can an Injunction for Protection Do for You?
- Stop contact (calls, texts, emails, social media, showing up)
- Remove the other person from your shared home
- Create a temporary parenting arrangement
- Require temporary financial support in some cases
- Protect your pets
⚠️ Tell Your Attorney
If violence or threats are part of your situation, tell any attorney immediately. This affects everything: strategy, safety planning, and whether mediation is appropriate.