How To Find Divorce Records In Florida.

Understanding Divorce Records in Florida

Divorce records in Florida are official papers that affirm the conclusion of a marriage. These records usually contain crucial data such as the identities of the individuals involved, the moment and place of the dissolution, and details of the legal decree including asset distribution, custody terms, and spousal maintenance. In Florida, divorce records are considered part of the public domain and can be accessed by individuals for multiple legal or personal reasons. The Florida Department of Health’s Bureau of Vital Statistics keeps records of divorces that occurred in the state from June 6, 1927, onward, offering an extensive historical archive for those in search of past divorce details.

Reasons for Accessing Divorce Records

There are numerous valid motivations for why one might require access to divorce records in Florida. Legal factors frequently lead the list, as people may need to confirm their marital status for subsequent marriages or legal name adjustments. Administrative requirements also prompt requests for divorce records, as individuals regularly need to refresh their personal information with various governmental bodies. Genealogists often look to divorce records as significant data points when tracing family backgrounds and ancestries. Moreover, individuals might seek these records for personal motivations, such as verifying the specifics of a prior divorce or gathering evidence for legal disputes.

Types of Divorce Records in Florida

Divorce Decree

A divorce decree is a detailed judicial document issued by the court that concludes the marriage termination. It includes comprehensive information about the arrangements made between both parties, such as child custody and visitation schedules, property and asset division, alimony or spousal maintenance specifics, and child support commitments. The divorce decree is a binding legal document that can be employed to ensure compliance with the divorce terms if either party fails to meet the conditions. In Florida, these decrees are generally filed with the Clerk of Circuit Court in the jurisdiction where the divorce was finalized.

Divorce Certificate

A divorce certificate is a more straightforward document typically issued by the state’s Department of Health or Bureau of Vital Statistics. It acts as formal evidence of the divorce and generally lists the names of the former spouses, the divorce date, and the locale where the divorce was finalized. This certificate is often sufficient for personal situations requiring divorce proof, such as changing one’s name or entering into another marriage. In Florida, divorce certificates are available from the Florida Department of Health’s Bureau of Vital Statistics, which provides several options for requesting these records.

How to Find Divorce Records in Florida

1. Identify the County of Filing

The first step in finding divorce records is to establish the county where the divorce was initiated. In Florida, divorce records are generally stored at the county level. If the county is uncertain, it may be necessary to search in multiple counties or utilize state-level databases. The Florida Court Clerks & Comptrollers website provides a directory of all county clerks’ offices, which can assist in pinpointing the correct county for your investigation.

2. Contact the Clerk of Circuit Court

Once the correct county is determined, reach out to the Clerk of Circuit Court in that county. You can typically find contact details and record request instructions on the county clerk’s website. For example, the Polk County Clerk’s website offers thorough information on accessing divorce records. Many county clerks in Florida provide online search portals, allowing individuals to search for divorce records from their own space.

3. Use Online Resources

Several Florida counties offer digital search tools for court records, including divorce cases. For example, Pinellas County provides a Court Records View service that allows public access to a variety of court documents. These online platforms often require account creation and may involve fees for accessing certain files. While basic case data is generally available digitally, more detailed paperwork might necessitate an in-person visit or a formal request.

4. Visit the Florida Department of Health

To obtain divorce certificates, contact the Florida Department of Health’s Bureau of Vital Statistics. They hold records of divorces that have occurred in Florida since June 6, 1927. The Department provides several avenues for securing divorce certificates, including online ordering through VitalChek, mail-in requests, or visiting their office in Jacksonville for same-day processing (if available).

5. Utilize Third-Party Services

Although not officially supported by the state, third-party platforms like VitalChek can sometimes expedite the process of acquiring divorce records. However, always ensure the authenticity of any external service before providing sensitive information. These services frequently impose additional charges but can be beneficial for those who require rapid access to records or are unable to physically visit government facilities.

Legal Requirements and Restrictions

Residency Requirements

To file for divorce in Florida, at least one spouse must have been a resident of the state for a minimum of six months before the filing. This residency stipulation also impacts the ability to access divorce records. It’s important to understand that while this requirement influences divorce filing, it does not necessarily restrict access to the records once they have been filed.

Privacy Considerations

While divorce records are generally open to the public in Florida, there are certain exceptions to safeguard privacy and confidential information:

Cases involving minors may be restricted to protect the child’s privacy.
Specific confidential details, such as Social Security numbers, bank account data, and other private identifiers, may be removed from public records.
In some instances, parties can petition the court to seal divorce records if they can demonstrate that public access would result in harm or unwarranted embarrassment.

For more details on privacy regulations and access to court documents, consult the Florida Courts website. The Florida Rules of Judicial Administration, specifically Rule 2.420, offer detailed guidelines on the sealing and confidentiality of court files.

Steps to Request Divorce Records from the County of Filing

Identify the Correct County Clerk’s Office: Locate the specific county where the divorce took place. This is essential as divorce records are stored at the county level in Florida.
Visit the County Clerk’s Website or Office: Most county clerks provide comprehensive instructions on their websites regarding how to request divorce records. For instance, the Polk County Clerk’s website offers full guidance on how to access divorce records within their jurisdiction.
Provide Necessary Information: When requesting divorce records, you’ll generally need to provide:
- Full names of both parties involved in the divorce
- Approximate date of the divorce
- Case number (if known)
- Your connection to the individuals involved (if you are not one of the parties)
Pay Required Fees: Fees vary depending on the county and the type of document requested. Be prepared to cover search and copy fees. Some counties may offer certified copies for an additional charge.
Submit Your Request: This can often be done online, by mail, or in person, depending on the county’s procedures. Many Florida counties have electronic systems to streamline this process.
Wait for Processing: Processing times differ, so check with the specific county for estimated waiting times. Some counties provide faster services for an added fee.

Using the Florida Department of Health for Divorce Certificates

The Florida Department of Health’s Bureau of Vital Statistics provides various options to obtain divorce certificates:

Order Online: Use the VitalChek service for quicker processing. This is typically the fastest option but may come with additional costs.
Order by Mail: Download and fill out the DH260 Application for Dissolution of Marriage form. This option is usually more affordable but can take longer to process.
Order in Person: Visit their Jacksonville office for same-day service (if available). This method is ideal for those who need instant access to records and can travel to the office.

Fees for these services include:

$5 search fee (non-refundable)
$4 for extra certified copies
$10 rush fee for same-day service (required for records predating 1970)

It’s crucial to note that these fees are subject to change, so it’s wise to verify the current fee schedule on the Department of Health’s website before submitting a request.

Navigating Privacy and Confidentiality

Although divorce records are generally accessible, Florida law includes measures to shield certain information:

Social Security numbers, bank details, and other private information are usually redacted from public records to protect against identity theft and fraud.
Cases involving domestic abuse or child protection may have enhanced privacy measures to safeguard vulnerable individuals.
Individuals can request to have specific information sealed or obscured by filing a motion with the court. This process generally requires demonstrating a significant reason for privacy that supersedes the public’s right to know.

For further information on privacy measures, review the Florida Rules of Judicial Administration, particularly Rule 2.420 concerning the sealing of court records. This rule outlines the guidelines for which information should be kept private and the steps for requesting that records be sealed.

Utilizing Court Resources for Self-Represented Litigants

For individuals navigating divorce without legal representation, Florida courts provide resources for self-represented litigants:

The Florida Courts Self-Help Center offers forms and guidance for various family law matters, including divorce. This resource is invaluable for those needing to understand the legal procedures and obligations for filing or responding to a divorce petition.
Several county courts also provide self-help centers or workshops. For example, the 10th Judicial Circuit offers numerous resources for self-represented individuals, including instructions on how to access and comprehend court records.