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

Where family cases are filed in Volusia

Volusia County belongs to the Seventh Judicial Circuit (with Flagler, Putnam and St. Johns) and is the only county in the area with two family courthouses running in parallel. In general, the west side of the county (DeLand, Deltona, Orange City, DeBary) uses DeLand, and the east side (Daytona Beach, Port Orange, New Smyrna Beach, Ormond Beach) uses Daytona Beach; the Clerk assigns the case based on where you live.

• DeLand: Volusia County Courthouse, 101 N. Alabama Avenue, DeLand, FL 32724. Clerk's Family Law office on the second floor, room B223. Phone (386) 736-5908.
• Daytona Beach: Steven C. Henderson Judicial Center, 125 E. Orange Avenue, Daytona Beach, FL 32114. Clerk's Family Law office on the first floor, room 101; protective injunctions in room 103. Phone (386) 257-6083.
• Hours: Monday to Friday, 8:00 a.m. to 4:30 p.m. (confirm before going).
• 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

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 Seventh Circuit publishes its own Volusia form packets with instructions (divorce with and without children, simplified, with relocation, custody, modifications, contempt, paternity, name change, stepparent adoption) at circuit7.org; use them.
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.
4. Parenting course, mediation and hearings.
5. Final judgment, never sooner than 20 days after the divorce petition is filed.

No lawyer? Family Self-Help (with Spanish-speaking staff)

Volusia has court self-help offices in both buildings, and the DeLand office has Spanish-speaking staff:

• DeLand: Volusia County Courthouse, 101 N. Alabama Ave., room B250. Monday to Friday, 8:00 a.m. to 12:00 p.m. and 1:00 to 5:00 p.m. Phone (386) 626-6615. Spanish-speaking assistance available.
• Daytona Beach: Henderson Judicial Center, 125 E. Orange Ave., room 201. Monday to Friday, 8:00 a.m. to 5:00 p.m. Phone (386) 248-8182.
• What they do: give you the Volusia packets, explain the procedure and how to request a hearing, and check that the file is complete. No legal advice.
• Free legal help: Community Legal Services of Mid-Florida has an office in Daytona Beach: (800) 405-1417. You can also use The Florida Bar's free virtual clinic (florida.freelegalanswers.org).

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.

Mediation: how it works in Volusia

• Seventh Circuit Family Mediation Program: for parties with combined annual income under $100,000. Over $100,000 you must hire a certified private mediator (list at drc.flcourts.org).
• How to request it: mediation is ordered by the judge. If nobody has requested it, file a motion for referral to mediation with the Volusia proposed order (at circuit7.org). With the signed order, call the mediator's office: Daytona Beach (386) 248-8117, DeLand (386) 943-7099.
• Cost per person per session: combined income under $50,000, $60; $50,000 to $100,000, $120; declared indigent by the Clerk, free.
• If there's a history of domestic violence, tell the mediator before the session: they can make safety arrangements, and it's confidential.

How you get a hearing

In Volusia there are three kinds of officials who hear family cases, and it helps to know which one you're before:

• Circuit judges: final trials and main issues. Hearings are coordinated with the division's judicial assistant, using the circuit's online calendar and after conferring with the other side. The Volusia packets include instructions for setting a hearing and for the notice for trial.
• General magistrates: hear temporary matters (support or time-sharing while the case is pending) and post-judgment matters (modifications, contempt). Offices: DeLand, courthouse room B-246, (386) 740-5296, DelandGM@circuit7.org; Daytona Beach, Henderson Judicial Center room 309, (386) 257-6030, DaytonaGM@circuit7.org. You'll receive an order of referral and can object.
• Child support hearing officer: establishes, modifies and enforces support in DOR cases. Henderson Judicial Center, room 204, (386) 248-8138.
• Many hearings are on Zoom; the circuit publishes a tutorial and uses the E-Notify system for notices. Your notice says whether it's virtual or in person.

Interpreter: in family cases the court normally does not provide a Spanish interpreter; bring a qualified one. In protective injunction cases and DOR child support hearings it does.

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 Volusia packet (answer or waiver, financial affidavits, certificates of disclosure and of the parenting course, agreement, parenting plan and child support worksheet), file the notice of final hearing per the packet's instructions, and the division assigns a short hearing, often on Zoom. The simplified dissolution (no minor children, no pregnancy, full agreement) is filed with both spouses present before the Clerk and has its own packet.

Child support

• Cases opened by the Department of Revenue (DOR) are heard by the child support hearing officer in Daytona Beach. 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: in DeLand, the Clerk's Family Law office, room B223 of the courthouse; in Daytona Beach, room 103 of the Henderson Judicial Center. Monday to Friday during Clerk hours.
• Cost: none. Staff help you with the petition and take it to the judge the same day.
• What happens next: if there's merit, the judge signs a temporary order; the sheriff serves the other person in hand. The hearing is set within 15 days; if you don't show up, the order is dismissed.
• Help: Volusia's Domestic Abuse Council offers advocates, shelter and court accompaniment. If you're in immediate danger, call 911.

Practical tips for court day

• Check your notice for which of the two buildings your hearing is in; DeLand and Daytona are 30 minutes apart.
• 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 and email current with the Clerk and sign up for E-Notify to receive notices.

How we can help

We handle family cases in DeLand, Deltona, Daytona Beach and all of Volusia, 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, 40 minutes from DeLand.

Frequently asked questions