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

Where family cases are filed in Orange County

Orange County family cases (divorce, custody and parenting plans, paternity, child support, modifications, name changes, adoptions) belong to the Ninth Judicial Circuit and are handled at the Orange County Courthouse, 425 N. Orange Avenue, Orlando, FL 32801, in downtown Orlando.

• Clerk's family office (Domestic Relations): Suite 320, third floor. Monday to Friday, 7:30 a.m. to 4:00 p.m. Phone (407) 836-2000. If you're opening a new case in person, sign in before 3:00 p.m.: reviewing, notarizing and filing takes time.
• Online: anyone, with or without a lawyer, can file through the Florida Courts E-Filing Portal (myflcourtaccess.com). Lawyers must use it; for you it's optional, but it saves the line.
• Security: the building has airport-style screening. Give yourself 30 minutes and bring photo ID.

What it costs to open a case

Clerk fees are the same statewide: about $408 for a divorce petition, $300 for paternity, child support or custody without a divorce, and $10 for each summons. Reopening a closed case (for a modification, for example) is about $50. Protective injunctions are free.

If you can't pay, ask the Clerk for the Application for Determination of Civil Indigent Status. If approved, the filing fee is waived and circuit mediation is free.

The basic steps of a family case

1. Petition. File the petition with the cover sheet, notice of related cases, social security notice and, in cases with children, the UCCJEA affidavit. For a divorce you must prove six months of Florida residency with a Florida driver's license, ID or voter card (or a witness).
2. Service. The other side must be handed the summons and petition by a sheriff's deputy or a private process server, unless they sign a voluntary acceptance. They have 20 days to answer.
3. Mandatory disclosure. Both sides exchange the financial affidavit and the Rule 12.285 documents within 45 days of service. In Orange, without this you won't get a final hearing or a case management conference.
4. Parenting course, mediation and hearings, explained below.
5. Final judgment. A divorce can't be signed sooner than 20 days after the petition is filed.

No lawyer? The Clerk's Self-Help Center

The Orange County Clerk's Self-Help Center is one of the most complete in Florida and isn't income-based:

• Orlando: 425 N. Orange Ave., Suite 340 (third floor). Monday to Friday, 7:30 a.m. to 4:00 p.m. Phone (407) 836-6300.
• Winter Park: 4037 Metric Drive. Monday to Friday, 8:00 a.m. to 4:00 p.m.
• What they do: check that your forms are complete, notarize them, help you file, provide computers and printers and the Florida Supreme Court approved family law forms.
• Attorney consultation: $1 per minute, in 15-minute blocks, up to one hour per day. Booked online only on the Self-Help Center page, not by phone, and non-refundable. That attorney advises you but doesn't represent you in court.
• They don't handle protective injunctions (see below).

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 judge signs the judgment. It's a minimum of 4 hours, can be taken online, in English or Spanish, costs roughly $20 to $40 depending on the provider, and the certificate is filed in the case. Use only providers on the Florida Department of Children and Families approved list (myflfamilies.com). Do it early: in Orange, no final hearing is set without both certificates.

Mediation: required, and how to schedule it

In the Ninth Circuit, mediation is mandatory in contested family cases and must be completed before the judge gives hearing time for temporary matters (temporary support, temporary time-sharing).

• Office: Dispute Resolution Services, Orange County Courthouse, Suite 130. Phone (407) 836-2004, email OrangeCountyDRS@ocnjcc.org.
• How to request it: after the other side answers, either party files Form 50 (Information for Scheduling Mediation) and sends a copy to the other party. After 48 business hours, call to pick a date from the published calendar.
• Cost per person (based on both parties' combined gross income): under $50,000, $60; $50,000 to $100,000, $120; over $100,000, you must hire a private mediator. Court-declared indigent, free. Paid before the session, which lasts up to 3 hours.
• Cancelling: no charge if the signed order or stipulation arrives 10 days ahead; with less notice, the party cancelling pays the full fee.

If you reach an agreement, the mediator writes it up and the judge approves it. If not, the case goes on to a hearing or trial.

How you get a hearing

This is what confuses people most. In Orange, the judge doesn't call you: you (or your lawyer) have to ask for the hearing.

• Each family division posts its available times on the circuit's online calendar (JACS), usually two months ahead, in 15-minute blocks.
• Before requesting time you must meet and confer in good faith with the other side to try to resolve the issue. If you make three attempts with no response, you document them.
• The request goes by email to the judicial assistant of your division, copying the other side: case number, names, the motion already filed, two possible dates, length, and whether it's virtual or in person. The hearing isn't set until the assistant confirms; then you file and serve the Notice of Hearing.
• Short hearings (under 30 to 60 minutes, depending on the judge) are usually on Zoom or Webex; long ones and trials are in person. Family courtrooms are on the courthouse's upper floors; your notice says which.
• Uncontested matters (name changes, adoptions) are heard in virtual "short matters" blocks of five minutes per case.

Interpreter: in family cases the court does not provide a Spanish interpreter; you must bring a certified one. The exception is protective injunction cases, where the court does provide one.

Uncontested divorce: the final hearing

When both sides have signed a marital settlement agreement (and a parenting plan if there are children), the case ends with a short final hearing:

• With a lawyer: it's set on the JACS calendar of the division that hears "uncons" according to the last digit of the case number, with a signed checklist attached to the notice of hearing. It takes a few minutes and is usually virtual.
• Without a lawyer: once the file is complete (petition and answer, both financial affidavits, certificates of mandatory disclosure, parenting course certificates, agreement, parenting plan and child support worksheet), you file the notice of trial with Form 51, and the circuit's Family Court Services reviews the file and mails you the hearing date.

There's also the simplified dissolution, for couples with no minor children, no pregnancy and full agreement on property: both spouses appear together before the Clerk and sign, and the final hearing is brief.

Child support

• If you open the case through the Department of Revenue (DOR), the state child support program does the calculation and, if there's a dispute, the hearing is before a child support hearing officer at the courthouse, not your divorce judge.
• If support is part of a divorce or paternity case, it's calculated with the Florida guidelines worksheet and decided by your division's judge.
• Payments go through the State Disbursement Unit, never hand to hand, so there's a record.
• If you got a driver's license suspension notice for arrears, you have only days to object; act immediately.

Use our child support estimator to get an idea of the amount before you go to court, and read how Florida child support is calculated.

Protective injunctions (domestic violence)

• Where: Orange County Courthouse, 425 N. Orange Ave., Suite 320, Monday to Friday 7:30 a.m. to 4:00 p.m. (sign in by 3:00 p.m.). You can also file through the e-filing portal.
• Cost: none.
• What to bring: ID, the other person's full name, a summary of the recent incidents, police reports or prior orders if you have them, and as much information as possible on where to find the person for service.
• What happens next: the judge reviews the petition the same day and may grant a temporary injunction. The hearing is set within 15 days; if you don't show up, the order is dismissed. Domestic violence hearings are in person, in courtrooms 16A and 16B.
• Free help in the building: Harbor House has advocates in Room 520 of the courthouse, (407) 836-2001, who help with the forms and go with you to the hearing. 24-hour hotline: (407) 886-2856. If you're in immediate danger, call 911.

Practical tips for court day

• Check your case online on the Clerk's site (myorangeclerk.com) to confirm date, time and courtroom.
• If your hearing is on Zoom, log in 10 minutes early, from a quiet place, camera on and microphone muted until you're called. Never from a car.
• Bring copies of everything you want to show the judge; for virtual hearings, documents are sent three days ahead.
• Keep your address current with the Clerk using the designation of mailing address form. Notices go to the address in the file.

How we can help

We handle family cases in Orange County court in English and Spanish: divorce, child custody and parenting plans, 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 390 N. Orange Ave., Suite 2300, a few blocks from the courthouse.

Frequently asked questions