Steps to Filing for Divorce in Hillsborough County
Filing for divorce is a significant legal step that carries long-term consequences for your family, finances, and future. In Hillsborough County, the divorce process follows Florida’s statewide laws, but local rules and procedures also play a role in how your case moves through the courts. Whether your divorce is uncontested or highly complex, understanding the steps involved is critical.
While Florida is a no-fault divorce state—meaning no proof of wrongdoing is required to end a marriage—the legal process is far from automatic. Each stage of the case presents important decisions about property, children, support, and court procedures. A knowledgeable Tampa divorce lawyer can guide you through each step and ensure that your rights are protected.
This comprehensive guide explains the steps to filing for divorce in Hillsborough County, how the process works, and how a Tampa divorce lawyer can help you achieve a favorable outcome.
Step 1: Confirm Residency Requirements
To file for divorce in Florida, at least one spouse must have lived in the state for six months prior to filing. Residency must be established in the county where the petition is filed.
In Hillsborough County, this means:
- One spouse must reside in Hillsborough County and intend to remain
- Residency can be established through a Florida driver’s license, voter registration, lease, utility bill, or sworn affidavit
A Tampa divorce lawyer will ensure you meet the legal prerequisites before beginning the case, which prevents unnecessary delays or jurisdictional disputes.
Step 2: Choose the Right Type of Divorce
There are several types of divorce filings in Hillsborough County, and choosing the right one depends on the complexity of your case.
1. Simplified Dissolution of Marriage
This is only available if:
- There are no minor children
- The wife is not pregnant
- Both spouses agree the marriage is irretrievably broken
- Both agree on the division of property and debts
- Neither party is seeking alimony
- Both are willing to waive trial and appeals
This process is faster but requires complete agreement and a waiver of certain rights. Most divorces do not qualify.
2. Uncontested Divorce
If both parties agree on all terms—including parenting, support, and property division—they may file a standard dissolution and submit a marital settlement agreement. This is the most efficient route to final judgment.
A Tampa divorce lawyer can help draft the required documents, prepare the settlement agreement, and ensure the filing complies with local rules.
3. Contested Divorce
When spouses disagree on one or more issues, the case becomes contested. These divorces require litigation, possibly including temporary hearings, mediation, discovery, and trial.
A contested divorce is more complex and requires strategic legal representation. A Tampa divorce lawyer will build your case and advocate for your interests at each phase.
Step 3: Prepare and File the Petition
To initiate a divorce, one spouse (the “petitioner”) files a Petition for Dissolution of Marriage with the Hillsborough County Clerk of Court. The petition states:
- That the marriage is irretrievably broken
- Whether there are minor children
- Requested relief (e.g., equitable distribution, alimony, parenting plan)
The petition must be filed with the appropriate filing fee unless waived for indigency. Once filed, the court will assign a case number and judge.
A Tampa divorce lawyer can ensure the petition is accurately prepared and includes the correct legal claims from the outset.
Step 4: Serve the Other Spouse
The other spouse (the “respondent”) must be formally served with the divorce papers, unless they waive service. Service must be completed through:
- A licensed process server
- The Hillsborough County Sheriff’s Office
- Service by publication (in rare cases where the respondent cannot be located)
Once served, the respondent has 20 days to file an answer or counter-petition. Failing to respond can lead to a default judgment.
Your Tampa divorce lawyer will coordinate service and file the necessary proof with the court.
Step 5: Financial Disclosure
Florida law requires full and complete financial disclosure in divorce cases. Both parties must file:
- A Family Law Financial Affidavit (short or long form, based on income)
- Mandatory disclosure documents, including:
- Tax returns
- Pay stubs
- Bank statements
- Retirement account statements
- Credit card and loan statements
These disclosures must be filed within 45 days of service. The court may sanction a party who fails to comply.
A Tampa divorce lawyer will help gather, organize, and review your financial documents to ensure accuracy and compliance.
Step 6: Temporary Relief (If Needed)
In contested cases, either party may request temporary relief for:
- Child support
- Alimony
- Time-sharing
- Exclusive use of the marital home
- Attorney’s fees
These temporary orders help stabilize the situation during the divorce. A hearing is typically scheduled within 30–60 days of the request.
A Tampa divorce lawyer can prepare motions, argue your position at hearings, and protect your rights during the interim period.
Step 7: Parenting Plan and Time-Sharing
If the divorce involves children, the court requires a parenting plan that addresses:
- Time-sharing schedule
- Parental responsibility for decisions
- School and medical access
- Methods of communication with the child
Florida law favors shared parental responsibility unless one parent poses a danger to the child. Judges focus on the best interest of the child standard when evaluating parenting plans.
A Tampa divorce lawyer can draft a comprehensive parenting plan and advocate for a time-sharing arrangement that supports your child’s stability and development.
Step 8: Child Support and Alimony
Child Support
Florida uses statutory guidelines to calculate child support, based on:
- Both parents’ income
- Number of children
- Time-sharing schedule
- Childcare and health insurance costs
A Tampa divorce lawyer will apply the guidelines correctly and request deviations when necessary due to special needs or extraordinary expenses.
Alimony
Spousal support is awarded based on:
- Length of the marriage
- Standard of living during the marriage
- Each spouse’s income and earning capacity
- Contributions to the marriage
- Age and health of both parties
Types of alimony include:
- Temporary
- Bridge-the-gap
- Rehabilitative
- Durational
- Permanent
Your Tampa divorce lawyer will present the financial evidence and legal arguments necessary to pursue or defend against alimony claims.
Step 9: Equitable Distribution
Florida follows an equitable distribution model, meaning marital assets and debts are divided fairly, but not necessarily equally.
Marital property includes:
- Income earned during the marriage
- Real estate purchased during the marriage
- Retirement accounts and pensions
- Businesses formed during the marriage
- Appreciation of separate assets due to marital effort
Non-marital property includes:
- Assets owned before the marriage
- Inheritances or gifts to one spouse
- Assets excluded by prenuptial agreement
A Tampa divorce lawyer will identify marital vs. non-marital property, coordinate appraisals or valuations, and help negotiate or litigate equitable division.
Step 10: Mediation
Most contested divorces in Hillsborough County are referred to mediation before trial. Mediation is a confidential process where both spouses, with their lawyers, work with a neutral mediator to resolve disputes.
Mediation can result in:
- A full settlement agreement
- Partial agreement on some issues
- Impasse and continuation to trial
If successful, the mediator drafts a Marital Settlement Agreement and Parenting Plan (if applicable), which are filed with the court.
Your Tampa divorce lawyer will prepare you for mediation, protect your rights during negotiation, and review all proposed agreements before signing.
Step 11: Final Hearing or Trial
If your divorce is uncontested, a brief final hearing is held before a judge to approve the settlement and enter the Final Judgment of Dissolution.
In contested cases, the matter proceeds to trial. Each party presents evidence, calls witnesses, and argues their case. The judge then issues a final ruling on all unresolved issues.
Your Tampa divorce lawyer will prepare your case for trial, submit exhibits, examine witnesses, and advocate for a fair and favorable judgment.
Step 12: Entry of Final Judgment
Once the judge approves the settlement or issues a ruling, a Final Judgment of Dissolution of Marriage is entered. This court order:
- Officially ends the marriage
- Divides property and debts
- Establishes support and time-sharing
- Finalizes the parenting plan
This judgment is legally binding and enforceable. Any violation can be addressed through post-judgment motions.
A Tampa divorce lawyer can explain your rights under the final order and assist with any enforcement or compliance issues.
Step 13: Post-Judgment Issues
Even after divorce, legal issues can arise, such as:
- Modification of child support or time-sharing
- Enforcement of property division or support
- Contempt for noncompliance
- Relocation requests
- Appeals of final judgment
A Tampa divorce lawyer remains your trusted advisor for post-divorce challenges and helps ensure that court orders are honored.
FAQ
Q: Do I need to live in Hillsborough County to file for divorce there?
A: One spouse must be a resident of Hillsborough County for at least six months before filing.
Q: How long does a divorce take in Hillsborough County?
A: Uncontested divorces can be finalized in a few months. Contested cases may take a year or longer depending on complexity and court scheduling.
Q: Do I need a reason to file for divorce in Florida?
A: No. Florida is a no-fault state. You only need to state that the marriage is irretrievably broken.
Q: Can I file for divorce without a lawyer?
A: Yes, but it’s risky. Divorce involves complex legal and financial issues. A Tampa divorce lawyer ensures your rights are protected.
Q: What if I can’t find my spouse?
A: You may file for divorce by publication if you cannot locate your spouse after a diligent search.
Q: Do we have to go to mediation?
A: In most contested cases, yes. Mediation is required before a final hearing can be scheduled.
Q: What if my spouse doesn’t respond to the divorce papers?
A: You can request a default judgment and proceed without their participation.
Q: Can we share custody of our children?
A: Yes. Florida encourages shared parental responsibility unless it would harm the child.
Q: Will the court divide our property equally?
A: Not necessarily. Florida uses equitable—not equal—distribution based on fairness and each party’s circumstances.
Q: What happens if one parent violates the parenting plan?
A: The court may enforce the plan through contempt, sanctions, or modification. A Tampa divorce lawyer can file the appropriate motion.
Filing for divorce in Hillsborough County involves much more than paperwork. Each decision you make has consequences for your children, your finances, and your future. Whether your divorce is amicable or adversarial, the guidance of a trusted Tampa divorce lawyer can help you avoid costly mistakes, reduce stress, and protect your legal rights from start to finish. From filing the petition to final judgment and beyond, experienced legal support is essential to navigating the Florida divorce process with clarity and confidence.
The McKinney Law Group: Clear, Step-by-Step Divorce Guidance in Tampa
If you’re considering divorce, the legal process can feel overwhelming. At The McKinney Law Group, we help Tampa clients understand every step of the divorce journey—from filing to final judgment—with clarity, care, and personal attention.
We assist with:
✔ Filing and responding to divorce petitions
✔ Explaining your rights under Florida divorce law
✔ Dividing property, debts, and marital assets
✔ Guiding you through child custody and support options
✔ Helping you move forward with confidence
Call 813-428-3400 or email [email protected] to speak with a Tampa divorce attorney.