General Information
The Family Law Division is responsible for the review, processing, computer data
entry and calendaring of legal documents pertaining to family law. Family law includes
dissolution, legal separations, adoptions, emancipation, and proceedings to terminate
parental rights. The Family Law Division provides customer service over the counter
and on the telephone regarding the filing of legal documents, and providing information
pertaining to other family law agencies and their operations.
For your convenience, additional information concerning Florida family laws and opinions may be found at the following website: www.flcourts.org. Family law forms may be found at the following website: FLCourts.org Forms Page. The Florida Supreme Court website may be found at www.floridasupremecourt.org.
If you have a question or would like more information, please contact or visit our office. We can be reached at (850) 653-8861 x 106 from 8:30am to 4:30pm, Monday - Friday, and are located in suite 203 at the Franklin County Courthouse, 33 Market Street, Apalachicola, Florida 32320.
Legal Aid may be contacted at (850)385-9007. Legal Aid is here in Franklin County on the first Thursday of each month from 10:30 until. No appointment necessary.
Divorce Information
A Dissolution of Marriage (Divorce) is an action to terminate the contract of marriage.
Jurisdiction lies in the Circuit Civil Division. These matters are governed by the
laws of the State of Florida (Florida Statutes) and the Florida Family Law Rules of Procedure. In addition to
dissolving the marriage contract, the court may determine the division of property
and responsibility for debts and the care and custody of children. In general, parties
wishing to obtain a divorce should contact their attorney.
If a couple decides to get a divorce, the Supreme Court of Florida and Florida Family
Law have created general information packets regarding divorces for your reference
and use. These packets are for couples who wish to represent themselves in their
divorce proceedings. As in all matters involving the law, if you do not feel fully
comfortable or qualified to represent yourself, you may want to consider obtaining
the services of a competent lawyer. In order to file for divorce in Florida, one
party must be a Florida resident for at least six (6) months prior to the date the
divorce petition is filed.
Self-help Packets
These self-help packets are for people who wish to represent themselves in civil
proceedings. These packets are available for purchase in the Civil Division of the
Courthouse or by choosing the link above to Florida Family Law Rules of Procedure.
Violence
means any assault, aggravated assault, battery, aggravated battery, sexual assault,
sexual battery, stalking, aggravated stalking, kidnapping, false imprisonment, or
any criminal offense resulting in physical injury or death, by a person against
any other person.
Domestic Violence (Florida Statutes 741.28)
means any assault, aggravated assault, battery, aggravated battery, sexual assault,
sexual battery, stalking, aggravated stalking, kidnapping false imprisonment, or
any criminal offense resulting in physical injury or death of one family or household
member by another family or household member.
Family or household member
means spouses, former spouses, persons related by blood or marriage, persons who
are presently residing together as if a family or who have resided together in the
past as if a family, and persons who are parents of a child in common regardless
of whether they have been married with the exception of persons who have a child
in common, the family or household members must be currently residing or have in
the past resided together in the same single dwelling unit.
Repeat Violence
means two (2) incidents of violence or stalking committed by the respondent, on
of which must have been within six (6) months of the filing of the petition, which
are directed against the petitioner or the petitioner's immediate family member.
Any person who is the victim of repeat violence, or the parent or legal guardian
of any minor child who is living at home and who seeks an injunction for protection
against repeat violence on behalf of the minor child, has standing in the circuit
court to file a sworn petition for an injunction for protection against repeat violence.
Dating Violence
means violence between individuals who have had or still have a continuing and significant
relationship of a romantic or intimate nature. The term does not include violence
in a casual acquaintanceship or violence between individuals who only have engaged
in ordinary fraternization in a business or social context. The existence of a continuing
and significant relationship shall be determined based on the consideration of the
following factors:
Any person who is the victim of dating violence and has reasonable cause to believe
he or she is in imminent danger of becoming the victim of another act of dating
violence, or any person who has reasonable cause to believe he or she is in imminent
danger of becoming the victim of another act of dating violence, or the parent or
legal guardian of any minor child who is living at home and who seeks an injunction
for protection against dating violence on behalf of that minor child, has standing
in circuit court to file a sworn petition for an injunction for protection against
dating violence.
This cause of action for an injunction shall not require that the petitioner be
represented by an attorney.
The clerk of the court shall provide a copy of this section, simplified forms, and
clerical assistance for the preparation and filing of such a petition by any person
who is not represented by counsel.
Other Family Issues
Other family law cases include adoptions, paternity, name change, child custody,
and annulment.
Self-help Packets
These self-help packets are for people who wish to represent themselves in civil
proceedings. These packets are available for purchase in the Civil Division of the
Courthouse or by linking to Florida
Family Law Rules of Procedure.
When you connect with Florida Laws site, choose "Self - Help Center" from
the list at the left-hand side of the screen. Then choose "Family Law Forms".