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Where Do I File My Case?

Where to file your Martial and Family Law case depends on the type of case that you are filing.

A divorce case which is called a dissolution of marriage case in Florida is filed in the county which is the county of the last place the parties resided as husband and wife. Usually that is the county where the marital residence is located. You file your case in the domestic division of the circuit court. You or your spouse must have been a resident of Florida for 6 months prior to filing the dissolution of marriage. You can prove the residency requirement by producing a Florida Driver’s license that was issued more than 6 months before the date of filing the petition for dissolution of marriage.

If you are involved in a custody matter, you need to file the case in the county where the child has resided the last 6 months. You file your case in the domestic division of the circuit court. You must file a UCCJEA wherein it you list where the child has lived the last 5 years.

For a modification of custody case, you also must file your case in the county where the child has lived the last 6 months. You file the case in the domestic division of the circuit court.

For an adoption case, you need to file the case where the child has lived the last 6 months. You file the adoption case in the domestic division of the circuit court. However, in a DCFS adoption case, the adoption is filed in the county where the parents’ parental rights were terminated; and the circuit judge that handled the termination of parental rights case usually handles the adoption case.

For a modification or enforcement of alimony case, you may file the proceeding in the county where the original divorce took place, the county where the petitioner resides, or the county where the respondent resides. You file the case in the domestic division of the circuit court.

For a Contempt of Court case, you may file the case in the county where the respondent lives, or the county where the child is living. You file the case in the domestic division of the circuit court.

For a paternity case, you may file the case in the county where the plaintiff resides or you may file the case in the county where the defendant resides. You file the case in the domestic division of the circuit court.

This information is provided only as educational materials, and does not constitute the providing of legal advice, and does not create an attorney client relationship.