How to File for Divorce in Hernando County, Florida: Complete 2025 Guide

By: Christopher Mulligan

Filing for divorce in Hernando County, Florida, comes with its own set of procedures and requirements. 

Every county in Florida does things a little differently, so getting familiar with the local court system and paperwork can save you a lot of headaches.

You can file for divorce in Hernando County without a lawyer if you and your spouse agree on all the big stuff. Still, you have to follow the court’s rules and fill out the right forms for the Family Law Division.

Paying attention to details matters. State laws and local court rules both play a part, so don’t skip any steps.

This guide will walk you through the process in Hernando County, from residency requirements to the final hearing. 

Whether you’re handling an uncontested divorce on your own or facing complicated property issues, knowing the steps ahead of time makes things much easier.

Key Takeaways

• Filing for divorce in Hernando County costs around $408, with additional expenses for service of process, mediation, and legal or document preparation support depending on your case.
• You can file without a lawyer, but complex cases involving children, assets, or disputes are better handled with legal guidance to avoid costly mistakes.
• Uncontested divorces may finalize in 30–90 days, while contested cases involving hearings or mediation can take 6–12 months or longer, depending on the issues involved.
• The Hernando County Clerk of Court handles all divorce filings, and forms must be accurately completed and submitted following local and state requirements for approval.

Divorce Filing Process in Hernando County: 6 Essential Steps

If you want to file for divorce in Hernando County, you’ll need to submit a petition to the Circuit Court. The filing fee is typically around $400, and you must pay it to initiate the process.

Couples can skip the attorney if they agree on everything. That usually makes the process faster and a lot less expensive.

Required Steps:

1. Fill out divorce forms from the Hernando County Clerk’s Family Law Division.
2. Pay the filing fee at the Circuit Court
3. Serve the papers to your spouse
4. Wait for a response or go forward if uncontested
5. Wait mandatory period (20 days minimum in Florida)
6. Attend final hearing (if uncontested) or mediation (if contested

Low-income residents might qualify for legal help through Community Legal Services of Mid-Florida at (800) 405-1417.

The Fifth Circuit offers more forms for people representing themselves. You’ll find petitions and response documents there.

Uncontested divorces typically proceed quickly through the system if both parties agree. Contested cases take longer and might require court hearings.

Florida asks that at least one spouse live in the state for six months before filing. This residency requirement is non-negotiable.

The Circuit Court handles all divorce cases in Hernando County. Family court packets and checklists can help you get through the process without a lawyer.

Considering divorce in Hernando County? Mulligan & Associates can guide you through every step of the filing process with clarity and care. Contact us today to schedule your consultation.

Required Documents for Hernando County Divorce Filing

Hernando County requires specific forms depending on your situation. The court wants certain documents for every case, and if you have kids or a lot of assets, you’ll need to file even more paperwork.

Mandatory Forms for All Divorces

Every case starts with the petition for dissolution of marriage. This is your official request to terminate the marriage and outline your wishes.

You also need to file a Family Law Financial Affidavit. Here, you’ll list your income, expenses, assets, and debts. The court uses this to figure out things like alimony and property division.

Don’t forget the Civil Cover Sheet. It’s an administrative form the court uses to keep track of your case.

Both spouses have to fill out a Notice of Social Security Number (Form 12.902(j)). The court keeps this private, but it’s there in case they need it later.

Additional Forms for Divorces with Children

If you have minor children, be prepared for more paperwork. The Uniform Child Custody Jurisdiction and Enforcement Act (UCCJEA) Affidavit determines which state has jurisdiction over child custody.

The Child Support Guidelines Worksheet calculates support amounts. Florida uses a formula based on both parents’ incomes and the amount of time each spends with the children.

You’ll also need a Parenting Plan. This covers custody, visitation, and who makes which decisions. It should mention holiday schedules, transportation, and how you’ll communicate about the kids.

If you’re aiming for an uncontested divorce, both parents can file a joint parenting plan to show you’re on the same page.

Property-Related Forms

If you and your spouse have a lot of assets or complicated finances, you’ll need more paperwork. A solid marital settlement agreement spells out how you’ll split property, debts, and financial obligations.

Sometimes you’ll need a Notice of Production from a Non-Party to get financial records from banks or employers. This helps make sure everyone’s cards are on the table for property division.

If retirement accounts are involved, the court might ask for a Qualified Domestic Relations Order (QDRO). This document outlines the retirement plan’s guidelines for dividing benefits between the two of you.

Transferring real estate? You’ll need a Quitclaim Deed or Special Warranty Deed to change ownership after the divorce is final.

Detailed Filing Process: What to Expect at Each Step

The process in Hernando County consists of six main steps, from preparing your documents to finalizing everything. Each step comes with its deadlines and requirements, so stay organised.

Step 1: Prepare Your Documents

You’ll start by filling out a petition for dissolution of marriage. This is your official request to end the marriage.

Other important forms include the petition, summons, and family law financial affidavit. If you have kids, add a parenting plan. For property, you’ll want settlement agreements.

Required Information:

• Full names and addresses of both spouses
• Date and location of your marriage
• Children’s names and birth dates
• Details about what you own and owe
• What you’re asking for (alimony, child support, property, etc.)

Pull together supporting documents like tax returns, bank statements, pay stubs, and property deeds. You’ll need these for the disclosure process.

Step 2: File at Hernando County Courthouse

Take your completed petition to the Hernando County Clerk of the Circuit Court. Florida lets you file in any county if your spouse doesn’t object, but sticking with your home county is usually easier.

The filing fee is usually $400-$450. If that’s too much, you can apply for a fee waiver by filling out a civil indigent status form.

The clerk will assign a number to your case and provide you with certified copies of the documents you have filed. You’ll need these for serving your spouse and keeping your records.

Filing Requirements:

• Original petition and all required forms
• Filing fee or a fee waiver approval
• Valid photo ID
• Copies for serving and your files

Step 3: Serve Your Spouse

You have 120 days to officially serve your spouse after filing. They need to get a legal notice of the divorce, and you can’t skip this part.

Usually, a certified process server or sheriff’s deputy delivers the papers. They’ll hand over the petition, summons, and any other required documents.

Service Methods:

• Personal service by a process server
• Service by the sheriff’s deputy
• Certified mail (if your spouse agrees)
• Publication (if you can’t find your spouse anywhere)

The person serving the documents must complete an affidavit of service. This confirms that your spouse received the papers and that it is reflected in the court file.

Step 4: Spouse’s Response Period

Your spouse has 20 days from being served to respond. They’ll either agree or disagree with what you’ve asked for.

If they don’t respond in time, you can ask the court for a default judgment. The judge can move forward without your spouse’s input.

If your spouse does answer, they might file a counter-petition. That’s their chance to ask for things like property or custody, too.

Possible Responses:

• Agree with everything
• Disagree and start negotiations
• File a counter-petition
• No response—leads to default

Step 5: Waiting Period and Discovery

Florida makes you wait 20 days from the filing date before you can finalize a divorce. There’s no way around it unless domestic violence is involved.

During this time, both sides exchange financial information as part of the mandatory disclosure process. You’ll each provide items such as income statements, lists of assets, and debts.

Discovery Process:

• Financial affidavits from both spouses
• Bank statements and tax returns
• Property appraisals, if needed
• Depositions for complicated cases

If you can’t agree on issues like child custody or property, the court may order mediation. Sometimes, settling things in mediation works better than fighting it out in court.

Step 6: Final Resolution

Uncontested cases can be resolved through a simplified process or a written agreement. The judge reviews your settlement and might approve the divorce without a hearing.

Contested divorces need a final hearing. Both sides present evidence, and the judge decides on the issues before entering a final judgment of dissolution.

Once the judge signs the final judgment, your marriage is legally over. This document outlines the next steps regarding property, support, and children.

Final Hearing Requirements:

• Testimony from both spouses
• Evidence for your requests
• Witnesses, if you have them
• Legal representation is a good idea, but not required

For uncontested cases, expect the process to take about 3-6 months. If things become messy or you have significant disputes, it could take 6-12 months, or even longer if a lot is at stake.

Confused about the paperwork or legal timeline? Mulligan & Associates helps simplify document preparation and service of process in Brooksville and Spring Hill. Contact us now to get started.

Costs and Timeline- Complete Cost Breakdown for Hernando County Divorce

Filing for divorce in Hernando County involves specific fees and a set timeline. Getting a handle on these costs early can help couples plan their budget and set expectations.

Item	Cost	Notes
Filing Fee	$408	Paid to Hernando County Clerk
Service of Process	$40–$75	Sheriff or process server
Mediation	$150–$300	If required for contested issues
Attorney Fees	$250–$500/hour	Optional but recommended
Document Preparation	$200–$500	If using a paralegal service

Filing Fees

The Hernando County divorce filing fees hover around $410. That covers the court’s basic services when you submit the initial petition.

On top of that, you’ll pay about $10 for the clerk to issue a summons. Service of process fees typically range from $40 to $50.

Fee Waivers

If you can’t afford the filing fees, you’ve got options. You can file an Application for Determination of Civil Indigent Status with the court clerk and see if you qualify for help.

Total Divorce Costs

Beyond the basic filing fees, divorce costs can vary significantly. The average cost for a Florida divorce is approximately $13,000 for couples without children.

If you have children, expect to pay a bit more—typically just over $20,000. Not exactly pocket change, right?

Timeline Requirements

Florida law says you have to wait at least 20 days after filing before the court will finalize your divorce. The clock starts ticking from the day you file.

Legal Assistance

Community Legal Services of Mid-Florida provides legal assistance to low-income individuals. You can reach them at (800) 405-1417 if you think you might qualify.

If you’re representing yourself, you can grab family law forms and packets directly from the Hernando County Clerk’s office.

Local Hernando County Specifics

Hernando County falls under the Fifth Judicial Circuit. The county has its court locations, local procedures, and support resources that may not always align with what you’ll find elsewhere in Florida.

The county offers self-help services and follows some unique filing requirements for divorce cases. You’ll notice a few differences if you’ve looked at other counties.

Court Locations and Judges

The Hernando County courthouse runs all divorce proceedings through the Family Law Division. Everything happens at the main courthouse in Brooksville.

Hernando County is located within the Fifth Judicial Circuit of Florida, which encompasses several counties. Judges in this circuit focus on family law matters.

The Hernando County Clerk of Circuit Court handles every divorce filing and court record. They handle all the paperwork and administrative details associated with divorce cases.

You’ll need to file your divorce papers at the clerk’s office during business hours. The clerk accepts filings in person or through the court’s online system, so you’ve got some flexibility.

Local Rules and Requirements

Hernando County follows Florida’s divorce laws, but you’ll run into a few county-specific rules. The Fifth Judicial Circuit sometimes requires extra forms beyond the standard state paperwork.

The county might ask couples to attend mediation sessions or parenting classes. It depends on your situation.

Filing fees in Hernando County average about $400 for divorce cases. You’ll pay this fee when you submit your initial petition to get things rolling.

The number of required divorce forms depends on what kind of case you have. Simplified dissolutions typically require around ten forms, while contested divorces can involve significantly more paperwork.

Resources and Support

Hernando County offers numerous self-help resources for individuals handling their divorce. Residents in Spring Hill, Brooksville, and Weeki Wachee can all tap into these services.

Community Legal Services of Mid-Florida provides legal assistance to low-income individuals. If you think you qualify, please call them at (800) 405-1417.

The county maintains a comprehensive collection of family court forms and packets, ready for download. You’ll find instructions for parenting plans, time-sharing schedules, and support calculations in there.

Document preparation services can be helpful if you’re representing yourself and need assistance with the forms. 

They’ll offer clerical support, courier options, and filing assistance for those who want to go it alone but don’t want to drown in paperwork.

Do You Need an Attorney for Your Hernando County Divorce?

Filing for divorce without an attorney can work for simple cases.

But let’s be honest—some situations do call for professional legal help if you want to protect yourself.

Complex Financial Situations can get messy fast. If you own a business, have retirement accounts, investments, or a pile of debt, you’ll probably want a lawyer on your side.

An attorney can help ensure that property is divided fairly, not just quickly.

Child custody disputes are another biggie. When parents can’t agree on custody or parenting time, things become stressful quickly.

Having a lawyer means your child’s best interests get heard in court, not just lost in paperwork.

Domestic violence cases always call for an attorney—no exceptions there. These situations prioritize safety and legal protections over paperwork.

Obtaining professional guidance ensures that you have the right restraining orders and safety measures in place, which is crucial.

High-conflict divorces are tough to handle solo. If you and your spouse can’t even talk or agree on basics, it’s probably time to bring in a pro who can take over negotiations and court stuff.

If private attorneys are out of reach, this is worth checking out.

Consider these warning signs:

• Your spouse has hired an attorney
• You feel overwhelmed by legal paperwork
• Property or debt division seems unfair
• Your spouse threatens legal action
• You don’t understand court procedures

Even in divorces where everyone’s getting along, a quick chat with a lawyer can save you from headaches later.

Some attorneys even offer free first consultations, so you can figure out what you need.

Self-representation works best when:

• Both parties agree on major issues
• No minor children are involved
• Assets and debts are simple
• No domestic violence exists

Whether your divorce is uncontested or complex, Mulligan & Associates offers trusted representation in Hernando County family court. Schedule your case review with us today—contact us to begin.

Frequently Asked Questions 

How much does it cost to file for divorce in Hernando County?

The current filing fee for a divorce in Hernando County is $408, paid directly to the Clerk of Court. Additional costs may include service of process, mediation, attorney fees, or document preparation, depending on the complexity of your case.

How long does divorce take in Hernando County, Florida?

Uncontested divorces in Hernando County can be finalized in 30 to 90 days, depending on court availability. Contested cases may take 6 months to over a year, especially if mediation or a trial is required. Filing correctly and responding promptly helps speed up the timeline.

What forms do I need for divorce in Hernando County?

You’ll need to complete Florida family law forms such as the Petition for Dissolution of Marriage, Summons, Financial Affidavit, and Parenting Plan (if children are involved). These forms can be downloaded from the Florida Courts website or picked up at the Hernando County Courthouse.

Where do I file for divorce in Hernando County?

Divorce filings must be submitted to the Hernando County Clerk of Court, located at:
20 N Main St, Brooksville, FL 34601.
You can file in person or by mail. For current hours and e-filing options, visit the official Clerk website.

Do I need a lawyer for a divorce in Hernando County?

A lawyer is not legally required, but hiring one is recommended—especially for contested cases, property division, or child custody. If your case is straightforward, you may use self-help forms or paralegal services for document preparation.