Brevard County Family Court: how, where and when to do each step

Where family cases are filed in Brevard

Brevard County belongs to the Eighteenth Judicial Circuit (with Seminole). The hub for everything family-related is Viera, though the Clerk has offices in three cities:

• Harry T. and Harriette V. Moore Justice Center, 2825 Judge Fran Jamieson Way, Viera, FL 32940. This is where the Clerk's Family / Civil department is, where the family courtrooms are, and the only office where protective injunctions are filed. Clerk phone (321) 637-5413.
• Melbourne Courthouse, 51 Nieman Avenue, Melbourne, FL 32901 and Titusville Courthouse, 506 S. Palm Avenue, Titusville, FL 32796: Clerk offices that accept family filings; some family divisions also hold hearings there. Your notice says the building.
• Clerk hours: Monday to Friday, 8:00 a.m. to 5:00 p.m. Court offices close 12:00 to 1:00 and at 4:30 on Fridays.
• Online: with or without a lawyer, you can file through the Florida Courts E-Filing Portal (myflcourtaccess.com).

What it costs to open a case

Fees are statewide: about $408 for a divorce, $300 for paternity, custody or child support without a divorce, $10 per summons and about $50 to reopen a case for a modification. Protective injunctions are free. If you can't pay, ask the Clerk for the indigency application; if approved, you pay no filing fee or circuit mediation.

The basic steps of a family case

The circuit sums it up in three steps: complete the forms on the checklist for your case type, file them with the Clerk, and request your hearing. In more detail:

1. Petition with the cover sheet, notice of related cases, social security notice and, with children, the UCCJEA affidavit. For a divorce you must prove six months of Florida residency. The circuit publishes Brevard checklists (divorce with children, with property and no children, no property and no children, paternity, modifications, temporary custody by relatives, name changes, adoptions) at flcourts18.org.
2. Service by the sheriff or a process server, or voluntary acceptance. The other side has 20 days to answer.
3. Mandatory disclosure: financial affidavit and Rule 12.285 documents within 45 days. Without both financial affidavits you won't be referred to mediation.
4. Parenting course, mediation and hearings.
5. Final judgment, never sooner than 20 days after the divorce petition is filed.

No lawyer? The Clerk's Self-Help Center

• The Brevard Clerk's Self-Help Center (Pro Se Services) works by appointment, booked online at brevardclerk.us. Phone (321) 633-7780, email ProSeCoordinator@brevardclerk.us.
• What they do: help you identify the right forms, check that they're complete and explain the procedure. No legal advice.
• Forms are free at flcourts.gov; the circuit also has "how-to" videos and a Brevard family court FAQ page.
• Free legal help: Brevard County Legal Aid serves residents based on income; The Florida Bar's virtual clinic (florida.freelegalanswers.org) answers questions for free.

The parenting course

In every divorce with minor children and every paternity case where parental responsibility is decided, each parent must complete the Parent Education and Family Stabilization Course before the final judgment. It's a minimum of 4 hours, can be taken online, in English or Spanish with any provider approved by the Department of Children and Families (myflfamilies.com), and the certificate is filed in the case. The case manager won't calendar the case without both certificates.

Mediation: how it works in Brevard

• Prerequisite: both parties must have filed their financial affidavit.
• If combined gross annual income is under $100,000, the case manager refers the matter to the 18th Circuit Mediation Program, which currently holds sessions by video conference. To schedule, email BrevardFamilyMediation@flcourts18.org or use the mediation scheduling form in the circuit's JACS system.
• Cost per person: combined income under $50,000, $60; $50,000 to $100,000, $120; declared indigent, free (the application is filed with the Clerk). Over $100,000 you must hire a certified private mediator (list at drc.flcourts.org).

How you get a hearing

• Without a lawyer: once you've filed everything on your checklist, request the hearing from the division of the judge or magistrate assigned to your case (the judicial directory is at flcourts18.org). Case managers review the file; if it's complete, they put it on the first available docket and notify you by mail or email.
• With a lawyer or for motions: hearings are reserved on the division's online JACS calendar (jacs.flcourts18.org) and coordinated with the judicial assistant, after conferring with the other side. Several Brevard family judges publish their own forms and rules on their pages; check them.
• Magistrates: many family matters are heard by a general magistrate, who recommends the decision to the judge. You'll receive an order of referral and can object.
• Many short hearings are on Zoom; your notice says whether it's virtual or in person and in which building.

Interpreter: in family cases you must bring your own qualified interpreter; the court only provides sign language interpreters and, generally, interpreters in protective injunction cases.

Uncontested divorce: the final hearing

If both sides signed the marital settlement agreement (and the parenting plan if there are children): complete the file per the checklist (answer or waiver, financial affidavits, certificates of disclosure and of the parenting course, agreement, parenting plan and child support worksheet), request the hearing from the division, and the case manager sets a short final hearing on the first open docket. The simplified dissolution (no minor children, no pregnancy, full agreement) is filed with both spouses present before the Clerk.

Child support

• Cases opened by the Department of Revenue (DOR) are heard by a child support hearing officer, not the family judge. DOR's statewide line: (850) 488-5437.
• In a divorce or paternity case, support is calculated with the Florida guidelines and decided by the judge or magistrate.
• Payments go through the State Disbursement Unit.
• If you got a license suspension notice, the window to object is short.

Use our child support estimator to know what to expect, and read how Florida child support is calculated.

Protective injunctions (domestic violence)

• Where: Viera only, at the Clerk's office in the Moore Justice Center, 2825 Judge Fran Jamieson Way. Monday to Friday, 8:00 a.m. to 5:00 p.m. The Melbourne and Titusville offices don't take these petitions.
• Cost: none for domestic, repeat, dating or sexual violence, or stalking.
• What happens next: the Clerk helps you with the petition and takes it to the judge, who may sign a temporary order and set a hearing, set a hearing without a temporary order, or deny it. Certified copies are picked up in person with ID. The Brevard sheriff serves the other person; if they live out of state, you must provide the local police address and pay for service. The hearing is set within 15 days and both parties must attend; you can bring witnesses and evidence.
• If the other person violates the order: if there's violence, call 911; for other violations, go to the Clerk to file a motion for contempt.
• Help: Serene Harbor and Brevard's Women's Center offer advocates and shelter.

Practical tips for court day

• Check your notice for which of the three buildings your hearing is in; Titusville and Melbourne are 40 minutes from Viera.
• If it's on Zoom, log in 10 minutes early, from a quiet place, camera on and microphone muted until you're called.
• Bring copies of any document you want to show the judge or magistrate.
• Keep your address current with the Clerk's change of address form; the court mails dates to the address in the file.

How we can help

We handle family cases in Melbourne, Palm Bay, Viera, Cocoa, Titusville and all of Brevard, in English and Spanish: divorce, child custody, child support, mediation representation and other family law services. Start with a free 15-minute call; a longer or in-person consultation costs $150.

Luis A. Morales has been a lawyer since 2001, is admitted in Florida and Puerto Rico, and handles each case personally from Orlando, an hour from Viera; many Brevard hearings are held by video conference.

Frequently asked questions