Broward County Courthouse Divorce: Complete Florida Filing Guide (2026)

Broward County Courthouse Divorce: Your Complete Florida Filing Guide

1. Understanding the Broward County Family Law Court System

The Broward County Courthouse is located at 201 SE 6th Street, Fort Lauderdale, FL 33301 and houses the Family Law Division of the Seventeenth Judicial Circuit Court of Florida. This division handles all dissolution of marriage cases filed by Broward County residents. The Broward County Clerk of Courts manages the intake of divorce petitions, financial affidavits, and supporting documents, while assigned circuit judges and general magistrates preside over contested hearings, mediation review sessions, and final dissolution hearings.

Broward County is one of Florida's most populous counties, and the Family Law Division processes thousands of divorce cases each year. Cases are assigned to specific divisions within the courthouse, each with its own docket and judicial officer. Understanding how the courthouse is structured — which forms are required, which fees apply, and which procedural steps govern each phase — helps you prepare for what is often a multi-step process from filing the initial petition to receiving a Final Judgment of Dissolution of Marriage.

The Family Law Division also handles matters that frequently arise alongside or after a dissolution proceeding: child custody disputes, child support modifications, alimony petitions, and domestic violence injunctions. The Broward County Clerk's office maintains a self-help center for unrepresented parties, but navigating Florida's procedural requirements without an attorney meaningfully increases the risk of errors, missed deadlines, and outcomes that are difficult or impossible to undo.

2. Florida's Residency Requirement Before Filing

Before filing at the Broward County Courthouse, at least one spouse must satisfy Florida's statutory residency requirement. Under Fla. Stat. § 61.021, one party must have been a Florida resident for a minimum of six months immediately before filing the petition for dissolution of marriage. Residency for this purpose means physical presence in Florida combined with the intent to make Florida a permanent home. A Florida driver's license, voter registration card, lease agreement, utility bills in the party's name, or bank statements showing a Florida address are all commonly accepted forms of evidence.

If neither party has yet reached the six-month mark, the petition cannot be filed. Submitting a petition before satisfying § 61.021 will result in dismissal, wasting the filing fee and causing delay. Many people in this situation use the waiting period productively — gathering financial records, consulting with an attorney, and negotiating the terms of a potential settlement agreement so they are ready to file on the first eligible day. For a full checklist of everything you need before walking into the courthouse, see Florida divorce filing requirements.

Military members stationed at installations in or near Broward County may satisfy the residency requirement through physical presence in Florida, even if their official state of legal residence is listed elsewhere. The key inquiry is whether the service member has been physically present in Florida with a present intent to remain, which military orders alone do not defeat. Spouses of active-duty service members who reside with their partner in Broward County can similarly rely on that physical presence toward the six-month requirement.

3. Grounds for Dissolution of Marriage Under Florida Law

Florida is a pure no-fault divorce state under Fla. Stat. § 61.052. The only required ground for dissolution is that the marriage is 'irretrievably broken.' Neither spouse must prove adultery, abuse, abandonment, or any other form of marital misconduct to obtain a divorce. One party's declaration that the marriage is 'irretrievably broken' is legally sufficient for the court to proceed. The alternative statutory ground — that one spouse has been adjudicated mentally incapacitated for at least three years under § 61.052(1)(b) — is rarely invoked in practice.

Because Florida does not assign fault for the breakdown of a marriage, most accusations of misconduct are legally irrelevant to obtaining the divorce itself. However, certain conduct can affect specific issues within the divorce proceeding. Intentional dissipation or waste of marital assets — such as spending joint funds on an extramarital affair, gambling away marital savings, or transferring property to third parties before the case is filed — may be considered by the court as a factor in equitable distribution under Fla. Stat. § 61.075. A spouse who depletes retirement accounts or destroys valuable property may face an unequal distribution that compensates the other spouse for the loss.

The no-fault framework means a spouse cannot prevent a divorce by simply refusing to cooperate. If one party asserts the marriage is 'irretrievably broken,' the court must dissolve the marriage. Disputes about property, support, and children are incident issues to be resolved through the divorce proceedings — they are not prerequisites to obtaining the dissolution itself. A spouse who contests the divorce in Broward County merely prolongs the process; the outcome is the same.

4. Filing the Petition at the Broward County Courthouse

To initiate a divorce in Broward County, the petitioner files a Petition for Dissolution of Marriage with the Clerk of Courts at 201 SE 6th Street, Fort Lauderdale. If the couple has minor children together, the correct form is the Petition for Dissolution of Marriage with Dependent or Minor Child(ren). If there are no minor children and neither party is seeking support, the parties may qualify for a simplified dissolution process under Fla. Stat. § 61.055, which requires both spouses to appear together before the clerk. All required forms are available through the Florida Courts self-help system — see Florida divorce forms for downloadable versions.

At the time of filing, the petitioner must also submit a completed Financial Affidavit (Florida Family Law Form 12.902) disclosing all income, expenses, assets, and liabilities. In cases involving minor children, a Uniform Child Custody Jurisdiction and Enforcement Act (UCCJEA) Affidavit is required to confirm that Florida is the proper state to adjudicate custody matters and that no competing custody case is pending elsewhere. The Broward County filing fee is currently approximately $408 for cases involving minor children and approximately $409 for cases without minor children, though fees are subject to change and should be confirmed with the Clerk's office before filing.

After the Clerk accepts and stamps the petition, a case number and judicial division are assigned. The petitioner receives a summons that must be served on the respondent along with a copy of the petition. From the date the respondent is formally served, the case clock begins — the respondent has 20 days to file a written Answer, and optionally a Counter-Petition raising any affirmative claims of their own regarding property, support, or children.

5. Service of Process and the Respondent's Answer

Florida law requires formal service of process on the respondent spouse. Under Fla. Stat. § 48.031, service is accomplished through personal delivery of the summons and petition to the respondent — typically by the Broward County Sheriff's Civil Process Unit or a licensed private process server. The Broward County Sheriff's office charges a nominal per-attempt fee. If the respondent cannot be located after a documented, diligent search, the petitioner may be able to proceed by constructive service through publication under Fla. Stat. § 49.011, though this method carries significant limitations and is generally a last resort when the respondent's whereabouts are genuinely unknown.

If the parties have already reached agreement on all issues, the respondent can sign a Waiver of Service or a Respondent's Notice of Joinder, bypassing formal sheriff service. This cooperative approach is common in uncontested divorces where the parties have negotiated a Marital Settlement Agreement before filing. Once the respondent files an Answer, the court places the case on its management schedule, which typically includes a mandatory disclosure deadline, a mediation referral, and — if the matter remains unresolved — a final hearing date.

A respondent who does not file a written Answer within 20 days of service may be defaulted by the Clerk under Florida Rule of Civil Procedure 1.500. A default allows the petitioner to proceed toward a final judgment based on the allegations in the petition. Courts still require the petitioner to establish their case at a default final hearing, but the proceeding is streamlined. Even after a default is entered, a respondent may move to set it aside if they can show good cause — Broward County judges have discretion to permit late answers when the respondent demonstrates a meritorious defense and the delay was not willful.

6. Mandatory Financial Disclosure and Equitable Distribution

Florida Family Law Rule of Procedure 12.285 imposes automatic mandatory disclosure obligations on both parties in every contested Broward County divorce. Without any request from the opposing party, each spouse must provide the other with the three most recent federal and state income tax returns, the most recent pay stubs or proof of income, twelve months of bank and investment account statements, twelve months of credit card statements, mortgage or lease documents, retirement account statements, vehicle titles, and documentation of all other significant assets and liabilities. This exchange must occur within 45 days of service of the initial petition in most cases.

Florida divides marital assets and liabilities using the equitable distribution framework in Fla. Stat. § 61.075. The starting presumption is equal (50/50) division of everything that qualifies as a marital asset or liability — that is, property acquired or debts incurred during the marriage, regardless of which spouse's name appears on the title or account. Separate property, meaning assets owned before the marriage or received by one spouse as a gift or inheritance during the marriage, generally remains with that spouse provided it was not commingled with marital funds. Depositing an inheritance into a joint checking account routinely used for household expenses is a classic commingling example that can convert separate property into a marital asset.

Courts deviate from equal distribution when the § 61.075(1) factors support a different split: the duration of the marriage, each spouse's economic circumstances at the time of distribution, each spouse's contributions to the marriage including homemaking and child-rearing, the desirability of keeping a particular asset intact (such as a closely held business or professional practice), and intentional depletion or waste of marital assets. Business owners, self-employed professionals, and parties with complex investment portfolios frequently retain forensic accountants or business valuators in Broward County divorces to establish the accurate value of assets subject to distribution.

7. Child Custody and Parenting Plans in Broward County

In any Broward County divorce involving minor children, the court must approve a written Parenting Plan before entering the final judgment. Florida law under Fla. Stat. § 61.13 replaced the traditional terms 'custody' and 'visitation' with the frameworks of parental responsibility and time-sharing. Shared parental responsibility — meaning both parents jointly make major decisions about the child's education, healthcare, and extracurricular activities — is the statutory default in Florida. Sole parental responsibility is reserved for situations where shared responsibility would be detrimental to the child's welfare, such as cases involving active domestic violence, substance abuse, or a pattern of undermining the other parent.

The time-sharing schedule specifies which parent the child is with on each day of the year, including regular school weeks, holidays, school breaks, and special occasions such as birthdays and Mother's Day or Father's Day. Florida courts determine time-sharing arrangements based on the best interests of the child, applying the factors enumerated in Fla. Stat. § 61.13(3). These include each parent's willingness to facilitate a close parent-child relationship with the other parent, each parent's capacity to meet the child's developmental and emotional needs, the child's established school and community routines, the geographic proximity of each parent's residence, the mental and physical health of each parent, and any history of domestic violence, child abuse, or neglect. There is no presumption favoring either parent on the basis of gender. Broward County courts frequently approve equal 50/50 time-sharing schedules when both parents live in the same area and are meaningfully involved in the child's daily life.

Parental relocation after a divorce is governed by Fla. Stat. § 61.13001 and requires either the non-relocating parent's written consent or a court order. A parent in Pembroke Pines who wants to move to Jacksonville after the divorce must provide a formal Notice of Intent to Relocate at least 60 days before the planned move, and cannot relocate without agreement or a court order. Courts weighing relocation requests consider the reason for the move, the impact on the child's relationship with the non-relocating parent, the feasibility of a modified time-sharing schedule, and the child's preference if the child is old enough to express a reasoned view. Violations of relocation restrictions can result in contempt findings and a modification of the parenting plan in the non-relocating parent's favor. See Florida child custody laws for the full framework.

8. Child Support Calculations Under Florida's Income Shares Model

Florida calculates child support using the Income Shares Model codified in Fla. Stat. § 61.30. Both parents' monthly net incomes are combined, and a combined support obligation is drawn from statutory guideline tables that vary by income level and the number of children. Each parent's individual share of the obligation equals their proportionate share of the combined net income. Net income is gross income minus allowable deductions: federal income tax withheld, FICA taxes, mandatory union dues, health insurance premiums the parent pays for themselves, court-ordered alimony in the current case, and court-ordered support payments for other children not in the current case.

The guidelines also incorporate certain additional costs. Childcare expenses incurred to enable a parent to work, look for work, or attend school or training are added to the basic support amount and divided proportionately. Health insurance premiums paid on behalf of the child are factored in similarly. When a child has extraordinary medical, educational, or therapeutic needs, those costs may justify upward deviation from the guideline amount. The guideline figure is presumptively correct — a court will order it unless a party demonstrates that deviation is appropriate under the specific factors in § 61.30(11), such as the standard of living the child would have enjoyed had the family remained intact or a significant disparity between the guideline obligation and the child's actual demonstrated needs.

When a parent exercises substantial time-sharing — defined under § 61.30(11)(b) as more than 20% of overnight stays per year, which equals approximately 73 or more nights annually — a statutory shared-parenting adjustment reduces the paying parent's net support obligation. The adjustment reflects the direct costs the parent bears when the child is in that parent's care. The exact number of overnights per year is frequently disputed in Broward County family law cases, making an accurate and agreed-upon time-sharing schedule essential to a predictable support calculation.

9. Alimony Under Florida's 2023 Reform Legislation

Alimony in Florida is governed by Fla. Stat. § 61.08, which was substantially rewritten by legislation signed in 2023 and effective July 1, 2023. The most significant change was the elimination of permanent alimony, which had previously been available in long-term marriages. Florida now recognizes four types of spousal support: bridge-the-gap alimony (for short-term transition needs, maximum duration of two years), rehabilitative alimony (tied to a specific plan for re-entering the workforce or obtaining vocational skills), durational alimony (a set monthly payment for a fixed term capped by marriage length), and temporary alimony (paid during the pendency of the divorce proceeding itself). Before awarding any alimony, a court must first find that the requesting spouse has a genuine financial need and that the paying spouse has the ability to pay.

Under the 2023 reform, the maximum duration of durational alimony is capped at 50% of the length of a marriage under 10 years, 60% of the length of a marriage between 10 and 20 years, and 75% of the length of a marriage of 20 or more years. In addition, the monthly amount of durational alimony is generally capped at 35% of the difference between the parties' net monthly incomes, though courts retain discretion to exceed that cap when the particular facts of the case — such as a decades-long marriage where one spouse left professional employment to raise children — justify a higher award. The 2023 legislation also codified a rebuttable presumption that alimony terminates upon the recipient's entry into a supportive relationship under § 61.08(2)(b), a provision long recognized in Florida caselaw.

See Florida alimony reform 2023 for a detailed breakdown of how the statutory changes affect cases filed at the Broward County Courthouse. Alimony awards remain modifiable upon a substantial, material change in circumstances — such as a significant change in either party's income, retirement, or health — unless the parties expressly agree in their Marital Settlement Agreement to make the alimony provision non-modifiable.

10. Mediation and the Path to a Final Judgment

Broward County courts require mediation in virtually all contested family law matters before scheduling a final hearing or trial. Under Fla. Stat. § 61.183, the court may refer parties to mediation at any stage of the proceedings after service of process is complete. Mediation is a confidential, facilitated negotiation where a neutral mediator helps the parties explore settlement options — the mediator has no authority to impose an outcome. If mediation results in a full agreement, the parties and their attorneys sign a Marital Settlement Agreement and, where applicable, a Parenting Plan and agreed child support calculation. If mediation fails to resolve all issues, the case proceeds to a contested final hearing or trial before the assigned judge.

Private mediators in Broward County typically charge between $150 and $350 per party per hour. Court-connected mediation services are available at reduced or no cost to qualifying parties based on income. A straightforward case may resolve in a single two-to-four-hour mediation session; cases involving business valuation disputes, multiple real properties, contested custody, or complex pension division may require multiple sessions spread over several weeks. Broward County judges actively encourage early mediation referrals and may impose fee sanctions or adverse evidentiary consequences on a party who unreasonably refuses to participate or fails to appear.

When mediation produces a full settlement, the Marital Settlement Agreement and Parenting Plan are submitted to the assigned judge for review. In uncontested cases where everything is in order, many Broward County judges will enter the Final Judgment of Dissolution of Marriage without requiring either party to appear in court, reviewing the documents on the papers alone. Florida's mandatory 20-day waiting period under Fla. Stat. § 61.19 still applies: the court cannot finalize the dissolution until at least 20 days after the respondent was served, unless both parties waive the waiting period in writing and the court approves. Once the final judgment is entered and recorded, the dissolution is legally complete.

11. Practical Tips and Cost Expectations for Broward County Filers

The total cost of a Broward County divorce varies dramatically depending on whether the case is contested and the complexity of the issues in dispute. An uncontested divorce where the parties have agreed on all terms before filing typically requires the filing fee (approximately $408–$409), service costs, and attorney's fees for drafting and reviewing the settlement documents — often totaling between $1,500 and $4,000 for straightforward cases with no contested issues. Contested divorces involving real property division, business valuation, pension accounts requiring a Qualified Domestic Relations Order (QDRO), or disputed time-sharing schedules can cost $15,000 to $75,000 or more in combined attorney's fees, expert fees, and litigation expenses depending on how many hearings are required.

Several practical steps reduce both cost and timeline. Before filing, gather at least three years of tax returns, recent pay stubs, twelve months of bank and credit card statements, mortgage statements, retirement account summaries, vehicle titles, and any prenuptial or postnuptial agreements. Obtain a certified copy of your marriage certificate from the county or state where the marriage took place — it is required for the final judgment. Open individual bank accounts and redirect your direct deposit before or shortly after filing, since joint accounts frequently become contested once a case is filed. If you and your spouse can identify areas of agreement before the petition is filed, a collaborative approach or early settlement negotiation may allow you to resolve all issues through a single mediation session rather than months of litigation.

Retirement accounts and pension plans require special attention in Broward County divorces. Dividing a 401(k), 403(b), or defined-benefit pension plan requires a Qualified Domestic Relations Order — a separate court order directed to the plan administrator — in addition to the Final Judgment. QDROs must comply with federal ERISA requirements and the specific plan's rules, and errors in drafting can result in taxable distributions or loss of the awarded benefit. Working with an attorney who understands both the Florida family law framework and the federal requirements for retirement account division helps avoid costly mistakes. Visit our qualifier to connect with a Florida family law attorney who can assess your specific situation.

Bottom line

Filing for divorce at the Broward County Courthouse means satisfying Florida's six-month residency rule under Fla. Stat. § 61.021, submitting the correct petition and financial affidavit to the Clerk of Courts at 201 SE 6th Street in Fort Lauderdale, completing formal service of process on the respondent, exchanging mandatory financial disclosures under Florida Family Law Rule 12.285, attending court-ordered mediation, and ultimately receiving a Final Judgment of Dissolution of Marriage from a Seventeenth Judicial Circuit judge. The process can take as little as three to six weeks for a fully uncontested case with no children to two or more years for heavily litigated matters involving contested custody, business valuation, or disputed property division. Florida's no-fault ground under Fla. Stat. § 61.052, the equitable distribution framework in § 61.075, the Income Shares child support model in § 61.30, the parenting plan requirements in § 61.13, and the revised alimony statute in § 61.08 all shape the final outcome. Understanding the procedural roadmap before you file puts you in the strongest position to protect your interests and reach a resolution that reflects your priorities.

Attorney Advertising Disclaimer

This article is general educational information about Florida dissolution of marriage proceedings and does not constitute legal advice. It reflects Florida law as of 2026 and is provided for informational purposes only. Reading this article does not create an attorney-client relationship between you and Louis Law Group or any of its attorneys. Every case involves unique facts, and outcomes vary depending on the specific circumstances presented to the court. Past results in any matter do not guarantee or predict results in any future case. For advice specific to your situation, consult a licensed Florida family law attorney.