At a Glance

Divorce venue, meaning the county where your divorce case is filed, usually defaults to where you and your spouse last lived together.  However, when you both agree, you can file in a different Florida county.  That choice can affect how much of your private life ends up in a public court file.

• Florida law sets a default divorce venue, but spouses who agree can often choose another county.
• Divorce filings are generally public records, open to anyone who knows where to look.
• Counties differ on whether you must appear at a public final hearing.
• In our experience, some counties will review a Collaborative Co-Parenting Plan or Collaborative Marital Resolution Agreement without placing it in the public court file, though court practices can change.

Introduction

Most divorce lawyers will tell you that you have to file in the county where you and your spouse lived together while your marriage was intact. If you plan to fight it out in court, or you and your spouse can’t otherwise agree, that advice is usually right.

But there is something many people never hear. When you and your spouse agree, you can choose a different Florida county to file in. And if privacy matters to you, your home county may be the last place you want your divorce on record.

Think about who might be curious. A business competitor, a patient, a client, a relative, or the neighbor down the street in South Tampa. Your divorce venue decides which courthouse holds your file, and that file is a public record. In many counties it can be searched online. Anyone with a few minutes and your name can start reading.

But there are also other reasons to give real thought to your divorce venue. To understand your options, it helps to start with the default rule.

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