Question 1

How long do you have to live in Florida to file for divorce?

Accepted Answer

One spouse must have lived in Florida for 6 months before the petition is filed. Residency must be backed up by proof, such as a valid Florida driver license, a Florida voter registration card, a valid Florida ID card, or testimony or an affidavit from another person.

Question 2

Is Florida a no-fault divorce state?

Accepted Answer

Florida is a no-fault state. A divorce (called dissolution of marriage) may be granted only if the marriage is irretrievably broken, or if one spouse has been legally adjudged incapacitated for at least the 3 years before filing. If there is a minor child, or if one spouse denies the marriage is broken, the court may order counseling or delay the case up to 3 months to allow reconciliation.

Question 3

Is there a waiting period for divorce in Florida?

Accepted Answer

A final judgment cannot be entered until at least 20 days after the petition is filed, unless the court finds that waiting would cause an injustice.

Question 4

How much does it cost to file for divorce in Florida?

Accepted Answer

By statute, the clerk's filing fee for a dissolution of marriage petition is up to $295 (for five or fewer respondents), plus a $4 additional filing fee. Charges for issuing a summons and for service by mail are extra. A fee of up to $50 applies to reopen a case 90 or more days after the final judgment.

Question 5

How do you get an uncontested divorce in Florida?

Accepted Answer

Spouses may file a joint Petition for Simplified Dissolution of Marriage (Form 12.901(a)) if they agree the marriage is irretrievably broken, at least one has lived in Florida more than 6 months, they have no minor or dependent children together, the wife has no minor or dependent children born during the marriage and is not pregnant, and they have divided their property and agreed on paying joint debts. Both spouses must sign the petition before the clerk or a notary and must appear before the judge.

Question 6

Is Florida a community property state?

Accepted Answer

Florida uses equitable distribution, and the court starts from the premise that marital assets and debts should be divided equally. It can divide unequally based on factors such as each spouse's contributions, economic circumstances, length of the marriage, career interruptions, and intentional waste of marital assets within 2 years before filing. Nonmarital (separate) property generally includes assets owned before the marriage, gifts and inheritances from third parties, income from nonmarital assets (unless treated as marital), and assets excluded by a valid written agreement. Assets acquired during the marriage are presumed marital.

Question 7

How is alimony decided in Florida?

Accepted Answer

The court may award temporary, bridge-the-gap (up to 2 years), rehabilitative (up to 5 years, with a written plan) or durational alimony; the statute does not list permanent alimony. Durational alimony is not available for marriages under 3 years and may not exceed 50% of the length of a short-term marriage (under 10 years), 60% of a moderate-term marriage (10 to 20 years), or 75% of a long-term marriage (20+ years), except in exceptional circumstances. It is capped at the lesser of the recipient's reasonable need or 35% of the difference in the spouses' net incomes. The court first decides whether one spouse has an actual need and the other can pay.

Question 8

How is child custody decided in Florida?

Accepted Answer

Decisions on parental responsibility and time-sharing are based on the child's best interests. The court must order shared parental responsibility unless it would be detrimental to the child, and there is a rebuttable presumption that equal time-sharing is in the child's best interests. The statute lists about 20 factors, including each parent's ability to support the child's relationship with the other parent, stability, health, domestic violence, and the child's reasonable preference if the child is mature enough. No specific age is set for the child's preference. Parents must have a parenting plan.

Question 9

How is child support calculated in Florida?

Accepted Answer

Florida uses an income shares model. The parents' net incomes are combined, a statutory schedule sets the total support amount for that income and number of children, and each parent pays their percentage share. The court may vary the amount by up to 5% without written findings. If a parent has the child at least 20% of overnights a year, a shared-time adjustment applies.

Question 10

Do you have to take a parenting class to divorce in Florida?

Accepted Answer

Parents in a divorce with minor children must complete a Parent Education and Family Stabilization Course of at least 4 hours before the final judgment. The filing spouse has 45 days after filing and the other spouse 45 days after service. The court may excuse attendance for good cause. The course also applies to paternity cases involving parental responsibility.

Question 11

Can you get a legal separation in Florida?

Accepted Answer

Florida law does not provide for a legal separation decree. However, a spouse who is not being supported may ask the court for alimony and child support without filing for divorce, if the other spouse is able to contribute.

Question 12

Does Florida recognize common-law marriage?

Accepted Answer

No. Common-law marriages entered into after January 1, 1968 are not valid in Florida. Common-law marriages formed before that date are not affected.

Question 13

Do grandparents have visitation rights in Florida?

Accepted Answer

A grandparent may ask for visitation only in limited situations: both parents are deceased, missing, or in a persistent vegetative state; or one parent is and the other has been convicted of a felony or violent offense showing a substantial threat to the child. The grandparent must first make a preliminary showing that a parent is unfit or the child faces significant harm. Visitation can be granted only if this is proven by clear and convincing evidence, visitation is in the child's best interest, and it will not materially harm the parent-child relationship.

Question 14

How do you change your name back after a divorce in Florida?

Accepted Answer

The general name change statute does not apply to name changes made in a dissolution of marriage case, which are handled within the divorce. Outside a divorce, a person may file a verified petition to change their name in the county where they live. Fingerprinting and a background check are required, except when restoring a former name, and a hearing to restore a former name may be held right after filing.

Question 15

At what age does child support end in Florida?

Accepted Answer

The age of majority in Florida is 18, and support normally ends then. A court may require support beyond 18 for a dependent person whose mental or physical incapacity began before age 18, or for a dependent child between 18 and 19 who is still in high school, performing in good faith, with a reasonable expectation of graduating before 19.

Question 16

How do I file for child support in Florida?

Accepted Answer

Sign up for services with the Florida Department of Revenue Child Support Program if you are the parent or caregiver of a child who needs support. You can complete the online sign-up form or call the Child Support Program. Families who receive cash or food assistance from the Department of Children and Families may already have been referred but should still complete the online form; parents receiving only Medicaid must sign up themselves. The Program contacts you if it needs more information and notifies you by mail when the case is open.

Question 17

What happens if you don't pay child support in Florida?

Accepted Answer

The Child Support Program monitors payments and can: send income withholding notices to employers; suspend driver, professional and recreational licenses; take cases to court, where outcomes can include payment, contempt of court, work search or job training; file liens on motor vehicles and boats; collect from insurance settlements, IRS tax refunds, workers' compensation and other income; collect from bank accounts; report past-due support to credit agencies; and request passport denial or revocation. A parent who owes past-due support may be able to avoid enforcement actions with a payment agreement.

Question 18

How do you modify child support in Florida?

Accepted Answer

The court or agency that issued an order can change it if either parent's circumstances change; until then the ordered amount is owed. In most cases the change must be substantial, permanent and involuntary. If less than three years have passed since the order was issued, reviewed or changed, a substantial change means the new guideline amount differs by at least 15% and at least $50; if more than three years have passed, the difference must be at least 10% and at least $25. A permanent change generally must have lasted more than a year, and voluntary changes (such as quitting a job) do not qualify. Either parent with a Child Support Program case can ask the Program to review the order, or either parent can file a petition in circuit court.

Question 19

How do you get emergency custody in Florida?

Accepted Answer

Under Florida's interstate custody law, a Florida court has temporary emergency jurisdiction if the child is present in Florida and the child has been abandoned; or emergency action is needed to protect the child because the child, a sibling or a parent is being mistreated or abused or threatened with it; or, as the statute also provides, emergency action is needed because the child has been subjected to or is threatened with sex-reassignment prescriptions or procedures. If another state has jurisdiction, the Florida order lasts only for a period the court sets so that an order can be obtained from that state.

Question 20

Are divorce records public in Florida, and how do I get a copy?

Accepted Answer

The actual divorce judgment is obtained from the clerk of court in the county where the dissolution was granted (including all dissolutions before June 6, 1927). The Florida Department of Health's Bureau of Vital Statistics issues dissolution of marriage certificates, an abstract of the judgment accepted as proof the divorce was granted, for divorces from June 6, 1927 to the present that the clerk has recorded; the clerk's report takes about 60 days to reach the Bureau. Ordering directly costs $5 (search fee for one year and one certified copy), $4 for each additional copy, $2 per extra year searched when the year is unknown (maximum $50), and a $10 rush fee if needed; walk-in service is at 1217 N. Pearl St., Jacksonville, or apply by mail with form DH260. VitalChek online orders cost $15 for the first certificate plus a $7 processing fee.

Question 21

How do you get a marriage license in Florida?

Accepted Answer

Licenses are issued by a county court judge or the clerk of the circuit court. Both parties file a signed affidavit, sworn before someone authorized to give oaths, giving each person's Social Security number (or other available identification number) and age. They must also sign a statement saying whether they completed a premarital preparation course and confirm they read the state handbook on the rights and responsibilities of marriage. If the couple does not present course completion certificates, the license takes effect three days after the application; the delay does not apply to non-Florida residents and can be excused for hardship. A license is valid for 60 days after issuance. The statute adds several charges to the license fee and reduces the fee by $25 for couples who completed a registered premarital course within the past year; fee waivers are available to eligible couples.

Question 22

What is the legal age to get married in Florida?

Accepted Answer

No license may be issued to anyone under 18, except a 17-year-old who has the written consent of a parent or legal guardian, acknowledged before an officer authorized to take acknowledgments, and only if the older party is no more than two years older.

Question 23

What are the requirements to adopt a child in Florida?

Accepted Answer

A married couple jointly or an unmarried adult may adopt; a married person may adopt alone if the spouse is the child's parent and consents, or the court excuses the spouse's joinder. A disability or plan to homeschool does not by itself disqualify an applicant. For most adoptions of a minor, parental rights must first be terminated in a separate proceeding, which needs the written consent of (or notice to) the mother, a legal or qualifying father, and the child if 12 or older (unless excused). Before a child is placed in a non-relative, non-stepparent home, a preliminary home study by a licensed agency or professional (interview, abuse-registry and criminal checks, home and financial review) must be favorable.

Question 24

How does stepparent adoption work in Florida?

Accepted Answer

A married person may adopt a spouse's child without the spouse joining as a petitioner if the spouse consents. Stepparent adoptions do not need a separate termination-of-parental-rights case first; the stepparent may file a joint petition for termination and adoption with the required consents attached. A preliminary home study is not required for a stepparent unless the court orders one for good cause. The other parent's consent (or proper notice and grounds for termination) is still required.

Question 25

How do you get guardianship of a child in Florida?

Accepted Answer

On petition of a parent, sibling, next of kin or another person interested in the minor's welfare, the court may appoint a guardian for a minor without a finding of incapacity; the guardian has the authority of a plenary guardian. The minor need not attend the hearing unless ordered, and the court may appoint an attorney for the minor.

Question 26

How do you get guardianship of an adult in Florida?

Accepted Answer

A petition to determine incapacity must be served on and read to the person. The court appoints an attorney for the person and, within five days, an examining committee of three members (at least one a psychiatrist or other physician). Incapacity must be proved by clear and convincing evidence, and the court decides which specific rights the person cannot exercise. Before appointing a guardian, the court must find whether an alternative to guardianship would sufficiently address the person's problems; if one would, a guardian may not be appointed. A valid trust or durable power of attorney can be such an alternative.

Question 27

How do you establish paternity in Florida?

Accepted Answer

Paternity of a child born outside marriage can be established by a voluntary acknowledgment of paternity signed by both parents, either notarized or witnessed by two people and signed under penalty of perjury, with both parents' Social Security numbers. It creates a rebuttable presumption of paternity, and either signer may rescind it within 60 days after signing or by the date of an administrative or court proceeding about the child in which the signer is a party, whichever is earlier. After 60 days it establishes paternity and can be challenged in court only for fraud, duress or material mistake of fact. In a court paternity case, the court may order genetic (scientific) testing on its own or on a party's sworn request; a result of 95% or more creates a rebuttable presumption of paternity.

Question 28

How do you legally change your name in Florida?

Accepted Answer

A Florida resident files a verified petition with the court (the statute refers to chancery courts) in the county where he or she lives, with detailed background information (birth, residences, family, employment, prior names, bankruptcies, and criminal history, among other items). Unless a former name is being restored, the petitioner must submit fingerprints for a state and national criminal history check before the hearing, at the petitioner's cost; the hearing may be held once the results are received. The statute does not require newspaper publication for an adult's own petition.

Question 29

How does a minor get emancipated in Florida?

Accepted Answer

Florida calls this removal of the disabilities of nonage. The circuit court may remove the disabilities of a minor 16 or older who lives in Florida, on a petition filed by the minor's parent or legal guardian (or, if none, a guardian ad litem). The petition describes the minor's character, education, income and ability to handle business, and how the minor will meet needs for food, shelter, clothing and medical care. If a parent files, the court appoints an attorney ad litem for the minor, and a non-petitioning parent must be served. If the court finds removal is in the minor's best interest, the minor is treated as an adult for all civil and criminal laws.

Question 30

Where can I get divorce papers and forms in Florida?

Accepted Answer

The Florida Courts website posts the Florida Supreme Court approved family law forms. Divorce (dissolution of marriage) petitions are in the 12.901 series (Forms A - B3): the Joint Petition for Simplified Dissolution of Marriage (12.901(a)), for spouses who agree on everything, have no minor or dependent children and are not seeking alimony; and regular Petitions for Dissolution of Marriage, such as the Petition for Dissolution of Marriage with Dependent or Minor Child(ren). Each form comes with instructions, and supporting documents are in the 12.902 series. Completed forms are filed with the clerk of the circuit court.

Question 31

Who handles child support in Florida, and how do I contact them?

Accepted Answer

The Florida Department of Revenue Child Support Program is Florida's child support agency. It establishes paternity (including genetic testing), establishes and changes support orders, locates parents, and enforces support through income withholding, payment agreements, driver license suspension and federal tax refund offsets. Sign up for services through the online sign-up form, view case information through eServices (childsupport.floridarevenue.com), and make or receive payments through Smart ePay (fl.smartchildsupport.com). Customer service: 850-488-KIDS (5437) statewide except Miami-Dade, 7:30 a.m. to 5 p.m. ET weekdays; Miami-Dade County: 1-305-530-2600, 8 a.m. to 5 p.m. ET weekdays.

Question 32

Is there an official child support calculator in Florida?

Accepted Answer

Florida child support is calculated on the Florida Supreme Court's Family Law Form 12.902(e), Child Support Guidelines Worksheet (06/25), which applies the guidelines in section 61.30, Florida Statutes. Complete it whenever child support is requested; file it with the clerk of the circuit court and serve it on the other party (with your financial affidavit if you know the other party's income, or after the other party files theirs). The Florida Department of Revenue Child Support Program notes that online calculators can estimate support but are for informational purposes only, that the court or agency establishing support must use the guidelines, and that amounts can be higher or lower in special circumstances.

Residency requirement	One spouse must have lived in Florida for 6 months before the petition is filed. Residency must be backed up by proof, such as a valid Florida driver license, a Florida voter registration card, a valid Florida ID card, or testimony or an affidavit from another person. Source: Fla. Stat. § 61.021; § 61.052(2)
Grounds for divorce	Florida is a no-fault state. A divorce (called dissolution of marriage) may be granted only if the marriage is irretrievably broken, or if one spouse has been legally adjudged incapacitated for at least the 3 years before filing. If there is a minor child, or if one spouse denies the marriage is broken, the court may order counseling or delay the case up to 3 months to allow reconciliation. Source: Fla. Stat. § 61.052(1), (3)
Waiting period	A final judgment cannot be entered until at least 20 days after the petition is filed, unless the court finds that waiting would cause an injustice. Source: Fla. Stat. § 61.19
Filing fee	By statute, the clerk's filing fee for a dissolution of marriage petition is up to $295 (for five or fewer respondents), plus a $4 additional filing fee. Charges for issuing a summons and for service by mail are extra. A fee of up to $50 applies to reopen a case 90 or more days after the final judgment. Clerks may charge less than the maximum, so check with the county clerk. The fee section read here does not describe the fee waiver (civil indigent) process. Source: Fla. Stat. § 28.241(1)(a)1.b., 1.c.; (1)(b)
Uncontested or simplified divorce	Spouses may file a joint Petition for Simplified Dissolution of Marriage (Form 12.901(a)) if they agree the marriage is irretrievably broken, at least one has lived in Florida more than 6 months, they have no minor or dependent children together, the wife has no minor or dependent children born during the marriage and is not pregnant, and they have divided their property and agreed on paying joint debts. Both spouses must sign the petition before the clerk or a notary and must appear before the judge. In 2026 the Family Law Rules Committee proposed changes to this rule, including adding that neither spouse seeks alimony. Whether those changes have been adopted was not confirmed. Source: Fla. Fam. L. R. P. 12.105 (current text as shown in The Florida Bar's July 15, 2026 notice of proposed amendments)
Divorce forms	The Florida Courts website posts the Florida Supreme Court approved family law forms. Divorce (dissolution of marriage) petitions are in the 12.901 series (Forms A - B3): the Joint Petition for Simplified Dissolution of Marriage (12.901(a)), for spouses who agree on everything, have no minor or dependent children and are not seeking alimony; and regular Petitions for Dissolution of Marriage, such as the Petition for Dissolution of Marriage with Dependent or Minor Child(ren). Each form comes with instructions, and supporting documents are in the 12.902 series. Completed forms are filed with the clerk of the circuit court. Instructions for Form 12.901(a) (06/25): https://flcourts-media.flcourts.gov/content/download/685807/file_pdf/901a.pdf Source: Florida Courts, Family Law Forms: Petition for Dissolution of Marriage (12.901 Forms A - B3)

Child custody	Decisions on parental responsibility and time-sharing are based on the child's best interests. The court must order shared parental responsibility unless it would be detrimental to the child, and there is a rebuttable presumption that equal time-sharing is in the child's best interests. The statute lists about 20 factors, including each parent's ability to support the child's relationship with the other parent, stability, health, domestic violence, and the child's reasonable preference if the child is mature enough. No specific age is set for the child's preference. Parents must have a parenting plan. Source: Fla. Stat. § 61.13(2)(b)-(c), (3)
Emergency and temporary custody	Under Florida's interstate custody law, a Florida court has temporary emergency jurisdiction if the child is present in Florida and the child has been abandoned; or emergency action is needed to protect the child because the child, a sibling or a parent is being mistreated or abused or threatened with it; or, as the statute also provides, emergency action is needed because the child has been subjected to or is threatened with sex-reassignment prescriptions or procedures. If another state has jurisdiction, the Florida order lasts only for a period the court sets so that an order can be obtained from that state. Source: Fla. Stat. § 61.517
Parenting class or mediation	Parents in a divorce with minor children must complete a Parent Education and Family Stabilization Course of at least 4 hours before the final judgment. The filing spouse has 45 days after filing and the other spouse 45 days after service. The court may excuse attendance for good cause. The course also applies to paternity cases involving parental responsibility. Source: Fla. Stat. § 61.21
Grandparents' rights	A grandparent may ask for visitation only in limited situations: both parents are deceased, missing, or in a persistent vegetative state; or one parent is and the other has been convicted of a felony or violent offense showing a substantial threat to the child. The grandparent must first make a preliminary showing that a parent is unfit or the child faces significant harm. Visitation can be granted only if this is proven by clear and convincing evidence, visitation is in the child's best interest, and it will not materially harm the parent-child relationship. Source: Fla. Stat. § 752.011

Child support	Florida uses an income shares model. The parents' net incomes are combined, a statutory schedule sets the total support amount for that income and number of children, and each parent pays their percentage share. The court may vary the amount by up to 5% without written findings. If a parent has the child at least 20% of overnights a year, a shared-time adjustment applies. No official online calculator link was verified. Courts use the Child Support Guidelines Worksheet from the Florida family law forms. Source: Fla. Stat. § 61.30
How to apply for child support	Sign up for services with the Florida Department of Revenue Child Support Program if you are the parent or caregiver of a child who needs support. You can complete the online sign-up form or call the Child Support Program. Families who receive cash or food assistance from the Department of Children and Families may already have been referred but should still complete the online form; parents receiving only Medicaid must sign up themselves. The Program contacts you if it needs more information and notifies you by mail when the case is open. Source: Florida Department of Revenue, Child Support – Sign Up for Child Support Services
When child support ends	The age of majority in Florida is 18, and support normally ends then. A court may require support beyond 18 for a dependent person whose mental or physical incapacity began before age 18, or for a dependent child between 18 and 19 who is still in high school, performing in good faith, with a reasonable expectation of graduating before 19. Source: Fla. Stat. § 743.07
Changing a child support order	The court or agency that issued an order can change it if either parent's circumstances change; until then the ordered amount is owed. In most cases the change must be substantial, permanent and involuntary. If less than three years have passed since the order was issued, reviewed or changed, a substantial change means the new guideline amount differs by at least 15% and at least $50; if more than three years have passed, the difference must be at least 10% and at least $25. A permanent change generally must have lasted more than a year, and voluntary changes (such as quitting a job) do not qualify. Either parent with a Child Support Program case can ask the Program to review the order, or either parent can file a petition in circuit court. Statute: http://www.leg.state.fl.us/statutes/index.cfm?App_mode=Display_Statute&URL=0000-0099/0061/Sections/0061.30.html Source: Fla. Stat. § 61.30(1)(b)–(c); Florida Department of Revenue, Changing a Support Order
If child support isn't paid	The Child Support Program monitors payments and can: send income withholding notices to employers; suspend driver, professional and recreational licenses; take cases to court, where outcomes can include payment, contempt of court, work search or job training; file liens on motor vehicles and boats; collect from insurance settlements, IRS tax refunds, workers' compensation and other income; collect from bank accounts; report past-due support to credit agencies; and request passport denial or revocation. A parent who owes past-due support may be able to avoid enforcement actions with a payment agreement. Source: Florida Department of Revenue, Child Support – Complying with Child Support Orders
State child support agency	The Florida Department of Revenue Child Support Program is Florida's child support agency. It establishes paternity (including genetic testing), establishes and changes support orders, locates parents, and enforces support through income withholding, payment agreements, driver license suspension and federal tax refund offsets. Sign up for services through the online sign-up form, view case information through eServices (childsupport.floridarevenue.com), and make or receive payments through Smart ePay (fl.smartchildsupport.com). Customer service: 850-488-KIDS (5437) statewide except Miami-Dade, 7:30 a.m. to 5 p.m. ET weekdays; Miami-Dade County: 1-305-530-2600, 8 a.m. to 5 p.m. ET weekdays. Source: Florida Department of Revenue, Child Support Program
Official child support calculator	Florida child support is calculated on the Florida Supreme Court's Family Law Form 12.902(e), Child Support Guidelines Worksheet (06/25), which applies the guidelines in section 61.30, Florida Statutes. Complete it whenever child support is requested; file it with the clerk of the circuit court and serve it on the other party (with your financial affidavit if you know the other party's income, or after the other party files theirs). The Florida Department of Revenue Child Support Program notes that online calculators can estimate support but are for informational purposes only, that the court or agency establishing support must use the guidelines, and that amounts can be higher or lower in special circumstances. DOR page: https://floridarevenue.com/childsupport/child_support_amounts/Pages/child_support_amounts.aspx Source: Florida Supreme Court, Form 12.902(e) Child Support Guidelines Worksheet and Instructions; Florida Department of Revenue, Child Support Amounts

Legal separation	Florida law does not provide for a legal separation decree. However, a spouse who is not being supported may ask the court for alimony and child support without filing for divorce, if the other spouse is able to contribute. Chapter 61 contains no legal separation procedure; § 61.09 provides support without dissolution. Source: Fla. Stat. § 61.09
Common-law marriage	No. Common-law marriages entered into after January 1, 1968 are not valid in Florida. Common-law marriages formed before that date are not affected. Source: Fla. Stat. § 741.211
Changing your name after divorce	The general name change statute does not apply to name changes made in a dissolution of marriage case, which are handled within the divorce. Outside a divorce, a person may file a verified petition to change their name in the county where they live. Fingerprinting and a background check are required, except when restoring a former name, and a hearing to restore a former name may be held right after filing. Source: Fla. Stat. § 68.07(1)-(4), (9)
Divorce records	The actual divorce judgment is obtained from the clerk of court in the county where the dissolution was granted (including all dissolutions before June 6, 1927). The Florida Department of Health's Bureau of Vital Statistics issues dissolution of marriage certificates, an abstract of the judgment accepted as proof the divorce was granted, for divorces from June 6, 1927 to the present that the clerk has recorded; the clerk's report takes about 60 days to reach the Bureau. Ordering directly costs $5 (search fee for one year and one certified copy), $4 for each additional copy, $2 per extra year searched when the year is unknown (maximum $50), and a $10 rush fee if needed; walk-in service is at 1217 N. Pearl St., Jacksonville, or apply by mail with form DH260. VitalChek online orders cost $15 for the first certificate plus a $7 processing fee. Source: Florida Department of Health, Divorce or Annulment Certificates

Getting a marriage license	Licenses are issued by a county court judge or the clerk of the circuit court. Both parties file a signed affidavit, sworn before someone authorized to give oaths, giving each person's Social Security number (or other available identification number) and age. They must also sign a statement saying whether they completed a premarital preparation course and confirm they read the state handbook on the rights and responsibilities of marriage. If the couple does not present course completion certificates, the license takes effect three days after the application; the delay does not apply to non-Florida residents and can be excused for hardship. A license is valid for 60 days after issuance. The statute adds several charges to the license fee and reduces the fee by $25 for couples who completed a registered premarital course within the past year; fee waivers are available to eligible couples. Fee rules: http://www.leg.state.fl.us/statutes/index.cfm?App_mode=Display_Statute&URL=0700-0799/0741/Sections/0741.01.html ; 60-day validity: http://www.leg.state.fl.us/statutes/index.cfm?App_mode=Display_Statute&URL=0700-0799/0741/Sections/0741.041.html Source: Fla. Stat. §§ 741.01, 741.04, 741.041
Minimum marriage age	No license may be issued to anyone under 18, except a 17-year-old who has the written consent of a parent or legal guardian, acknowledged before an officer authorized to take acknowledgments, and only if the older party is no more than two years older. Source: Fla. Stat. § 741.04(1)
Legal name change	A Florida resident files a verified petition with the court (the statute refers to chancery courts) in the county where he or she lives, with detailed background information (birth, residences, family, employment, prior names, bankruptcies, and criminal history, among other items). Unless a former name is being restored, the petitioner must submit fingerprints for a state and national criminal history check before the hearing, at the petitioner's cost; the hearing may be held once the results are received. The statute does not require newspaper publication for an adult's own petition. Source: Fla. Stat. § 68.07

Florida Divorce Laws: Residency, Waiting Period, Custody and Support

Quick answers for Florida

Filing for divorce

Property and alimony

Children: custody and support

Child support

Separation, annulment, records and marriage

Marriage and name changes

Adoption, guardianship and paternity

Where to get help in Florida

Divorce & Family Law FAQ

More Florida law

Adoption requirements	A married couple jointly or an unmarried adult may adopt; a married person may adopt alone if the spouse is the child's parent and consents, or the court excuses the spouse's joinder. A disability or plan to homeschool does not by itself disqualify an applicant. For most adoptions of a minor, parental rights must first be terminated in a separate proceeding, which needs the written consent of (or notice to) the mother, a legal or qualifying father, and the child if 12 or older (unless excused). Before a child is placed in a non-relative, non-stepparent home, a preliminary home study by a licensed agency or professional (interview, abuse-registry and criminal checks, home and financial review) must be favorable. Consent: http://www.leg.state.fl.us/statutes/index.cfm?App_mode=Display_Statute&URL=0000-0099/0063/Sections/0063.062.html ; home study: http://www.leg.state.fl.us/statutes/index.cfm?App_mode=Display_Statute&URL=0000-0099/0063/Sections/0063.092.html Source: Fla. Stat. §§ 63.042, 63.062, 63.087, 63.092
Stepparent adoption	A married person may adopt a spouse's child without the spouse joining as a petitioner if the spouse consents. Stepparent adoptions do not need a separate termination-of-parental-rights case first; the stepparent may file a joint petition for termination and adoption with the required consents attached. A preliminary home study is not required for a stepparent unless the court orders one for good cause. The other parent's consent (or proper notice and grounds for termination) is still required. Source: Fla. Stat. §§ 63.042(2)(c), 63.087(3), 63.092(3), 63.062
Guardianship of a child	On petition of a parent, sibling, next of kin or another person interested in the minor's welfare, the court may appoint a guardian for a minor without a finding of incapacity; the guardian has the authority of a plenary guardian. The minor need not attend the hearing unless ordered, and the court may appoint an attorney for the minor. Source: Fla. Stat. § 744.3021
Guardianship of an adult	A petition to determine incapacity must be served on and read to the person. The court appoints an attorney for the person and, within five days, an examining committee of three members (at least one a psychiatrist or other physician). Incapacity must be proved by clear and convincing evidence, and the court decides which specific rights the person cannot exercise. Before appointing a guardian, the court must find whether an alternative to guardianship would sufficiently address the person's problems; if one would, a guardian may not be appointed. A valid trust or durable power of attorney can be such an alternative. Source: Fla. Stat. § 744.331
Establishing paternity	Paternity of a child born outside marriage can be established by a voluntary acknowledgment of paternity signed by both parents, either notarized or witnessed by two people and signed under penalty of perjury, with both parents' Social Security numbers. It creates a rebuttable presumption of paternity, and either signer may rescind it within 60 days after signing or by the date of an administrative or court proceeding about the child in which the signer is a party, whichever is earlier. After 60 days it establishes paternity and can be challenged in court only for fraud, duress or material mistake of fact. In a court paternity case, the court may order genetic (scientific) testing on its own or on a party's sworn request; a result of 95% or more creates a rebuttable presumption of paternity. Source: Fla. Stat. §§ 742.10, 742.12
Emancipation of a minor	Florida calls this removal of the disabilities of nonage. The circuit court may remove the disabilities of a minor 16 or older who lives in Florida, on a petition filed by the minor's parent or legal guardian (or, if none, a guardian ad litem). The petition describes the minor's character, education, income and ability to handle business, and how the minor will meet needs for food, shelter, clothing and medical care. If a parent files, the court appoints an attorney ad litem for the minor, and a non-petitioning parent must be served. If the court finds removal is in the minor's best interest, the minor is treated as an adult for all civil and criminal laws. Source: Fla. Stat. § 743.015