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June 20, 2026

How to File for Divorce in Martin County, Florida (2026 Guide)

Divorce attorneys in Stuart charge $300โ€“$450 per hour. An uncontested divorce โ€” where both spouses agree on everything โ€” typically runs $5,000โ€“$15,000 in attorney fees alone. A contested case involving property, retirement accounts, or children can easily reach $15,000โ€“$40,000 or more. Florida courts fully support pro se (self-represented) filers, and the 19th Judicial Circuit processes uncontested divorces routinely without any attorney involvement. This guide walks you through every step of filing for divorce in Martin County: the correct courthouse, required forms, residency rules, boundary traps for Hobe Sound and Palm City residents, what snowbirds and seasonal residents need to know โ€” and how to get it done without paying attorney rates.

TL;DR -- Martin County Divorce Quick Reference

FieldDetail
Circuit19th Judicial Circuit
ClerkCarolyn Timmann, Martin County Clerk of Court
Courthouse100 E. Ocean Blvd., Stuart, FL 34994
Filing Fee~$408-$410 (without children); ~$410 (with children)
E-Filing Portalmyeclerk.com / eportal.flcourts.org
Waiting Period20 days after service (FL Statute 61.19)
Residency Required6 months in Florida + 6 months in Martin County
Uncontested Timeline60-90 days (no children); 90-120 days (with children)

Filing fees are paid directly to the Martin County Clerk of Court -- they are NOT included in any document preparation service fee.


Where to File in Martin County

The Stuart-Only Filing Reality

Martin County is a single-courthouse county for family law. There is no Hobe Sound branch, no Palm City satellite office, and no Jensen Beach filing location for dissolution of marriage. Every divorce case in Martin County is filed at one address:

Martin County Courthouse 100 E. Ocean Blvd., Stuart, FL 34994 Clerk: Carolyn Timmann

Whether you live in Palm City, Jensen Beach, Hobe Sound, or Indiantown -- your divorce papers are filed at the Martin County Courthouse in Stuart.

The courthouse is located in the heart of downtown Stuart, steps from the St. Lucie River waterfront. It is compact and walkable -- street parking and a nearby parking garage are both available. If you are driving from Palm City, the courthouse is about 10 minutes east across the Palm City Bridge. From Hobe Sound, plan for about 20 minutes north on US-1.

Palm City, Jensen Beach, and Hobe Sound

Palm City, Jensen Beach, and Hobe Sound are all unincorporated communities in Martin County. That means they do not have their own municipal government -- they are county territory, and all family law matters go to the Martin County Courthouse in Stuart.

However, Hobe Sound requires special attention. Parts of Hobe Sound sit close to the Palm Beach County line (near Tequesta and Jupiter). If you live in the southern Hobe Sound area, verify your county at pa.martin.fl.us before filing. Filing in the wrong county results in a dismissed or transferred case -- and you lose your filing fee.

If you are near the St. Lucie County line to the north (the Palm City/Port St. Lucie area), the same rule applies. Check the Martin County Property Appraiser record. If you are in St. Lucie County, you file in Fort Pierce -- not Stuart. See our St. Lucie County divorce guide for details.

Indiantown

Indiantown is in western Martin County, near the Okeechobee County line. Some residents in the far western areas should confirm their county before filing. If you are in Martin County -- even in Indiantown -- your case is filed at the Martin County Courthouse in Stuart. Okeechobee County residents file in Okeechobee City (also in the 19th Circuit, but a different courthouse).


Martin County and the 19th Judicial Circuit

Martin County is part of the 19th Judicial Circuit, which covers four counties on Florida's Treasure Coast and interior:

  • Martin County -- Courthouse in Stuart (this guide)
  • St. Lucie County -- Courthouse in Fort Pierce (our guide)
  • Indian River County -- Courthouse in Vero Beach (our guide)
  • Okeechobee County -- Courthouse in Okeechobee City

All four counties share the same circuit judges and administrative rules. But each county has its own elected Clerk of Court, its own courthouse, and its own filing procedures. Your residency clock is county-specific. If you move from Port St. Lucie to Palm City, your 6-month Martin County clock starts over -- even though you are still in the 19th Circuit.


Snowbirds and Seasonal Residents: Domicile Rules

Martin County has a large seasonal population. Hutchinson Island, Sewalls Point, Jupiter Island, and the Stuart waterfront all attract retirees and snowbirds who spend winters in Florida and summers up north.

Here is the critical point: owning property in Martin County does not make you a Florida resident for divorce purposes.

If you own a condo on Hutchinson Island and spend November through April in Stuart but the rest of the year in New York, you likely do NOT yet qualify to file here -- the 6-month clock starts at physical move-in, not property purchase date.

To establish Florida domicile for divorce residency, courts look at multiple factors together:

  • Florida driver's license (switching from your home state)
  • Florida voter registration
  • Florida banking ties (primary checking/savings account at a Florida bank or branch)
  • Vehicle registration in Florida
  • Physical presence in Florida for 6 months continuously (or cumulatively with clear intent to remain)

No single factor is conclusive. Holding a homestead exemption on your Martin County property is relevant but not sufficient on its own. You generally need several of these factors to establish clear domicile.

Jupiter Island

Jupiter Island is a barrier island community that sits entirely in Martin County -- not Palm Beach County. This surprises many people because of its proximity to Jupiter (Palm Beach County) and Tequesta (also Palm Beach County).

If you live on Jupiter Island, you file your divorce in Stuart at the Martin County Courthouse. If you live in Tequesta or Jupiter -- just south of the Martin County line -- you file in West Palm Beach. Check your deed or search your address at pa.martin.fl.us to confirm which county you are in. Our Palm Beach County divorce guide covers that filing process if you land on the Palm Beach side.


Step-by-Step: How to File for Divorce in Martin County

Step 1: Determine Your Dissolution Type

Florida recognizes three types of dissolution of marriage:

  • Simplified dissolution -- no children, both spouses agree on everything, no significant property disputes, both appear at final hearing
  • Uncontested (regular) -- both spouses agree on all terms, but one party files and the other is served; or one party signs a waiver
  • Contested -- spouses disagree on property, debt, custody, support, or other terms; requires mediation and potentially trial

Most pro se filers are pursuing uncontested or simplified dissolution.

Step 2: Confirm Residency

You must meet two residency requirements:

  1. 6 months in Florida immediately before filing
  2. 6 months in Martin County immediately before filing

The Florida residency and the Martin County residency run at the same time if you have lived in Martin County the entire period. If you recently moved to Martin County from another Florida county, both clocks run from your Martin County move-in date.

Step 3: Gather Your Documents

You will need:

  • Certified copy of your marriage certificate (order from the issuing county/state if you do not have one)
  • Financial records: recent pay stubs, tax returns (2 years), bank statements, retirement account statements
  • Property documents: deeds, mortgage statements (if real estate is involved)
  • Parenting records: school enrollment, medical records (if minor children are involved)

Step 4: Prepare Your Petition and Financial Affidavit

The petition tells the court who you are, when you married, what you are asking for, and the grounds (Florida is a no-fault state -- "irretrievable breakdown of the marriage" is sufficient). The financial affidavit discloses your income, expenses, assets, and debts.

If you have minor children, you must also prepare a Parenting Plan outlining custody, time-sharing, and decision-making.

This is where a document preparation service can help -- we prepare all required forms based on the information you provide, review for completeness, and give you Martin County-specific filing instructions.

Step 5: E-File via myeclerk.com

E-filing is mandatory for represented parties under Florida Supreme Court Administrative Order AOSC13-7. Pro se filers are strongly encouraged to e-file through:

  • myeclerk.com (Martin County's preferred portal)
  • eportal.flcourts.org (Florida Courts E-Filing Portal -- statewide)

Both portals accept the same documents. Create a free account, upload your PDFs, and pay the filing fee by credit or debit card.

Step 6: Serve Your Spouse

After filing, your spouse must be formally notified. You have two main options:

  • Martin County Sheriff's Office -- Civil process service costs approximately $40. The Sheriff's Office delivers the papers and returns proof of service to you.
  • Notarized Waiver of Service -- If your spouse agrees to the divorce, they can sign a notarized Waiver of Service of Process (Form 12.913(a)(2)). This is faster, free, and avoids the formality of a Sheriff's visit.

Step 7: Mandatory Disclosure, Mediation (if needed), and Final Hearing

Under Florida Family Law Rule 12.285, both parties must exchange financial disclosures within 45 days of service. This includes tax returns, bank statements, pay stubs, and retirement account information.

If the case is contested on any issue (property, custody, support), mediation is required before the court will schedule a trial. For uncontested cases, once the waiting period expires (20 days after service under FL Statute 61.19), you can schedule a final hearing. The judge reviews and signs the Final Judgment of Dissolution of Marriage.


Florida Supreme Court Forms

These are the primary forms used in Martin County dissolution cases. All are approved by the Florida Supreme Court and available free at floridacourts.gov.

Form NumberForm NameWhen Used
12.901(b)(1)Petition for Dissolution -- No Minor ChildrenNo children involved
12.901(b)(2)Petition for Dissolution -- With Minor ChildrenMinor children involved
12.901(b)(3)Petition for Simplified DissolutionSimplified process
12.902(b)Financial Affidavit -- Short FormIncome under $50,000/yr
12.902(c)Financial Affidavit -- Long FormIncome $50,000+/yr
12.902(f)(1) or (f)(2)Marital Settlement AgreementAll uncontested cases
12.995(a)Parenting PlanMinor children involved
12.995(d)UCCJEA AffidavitMinor children involved
12.913(a)(2)Waiver of Service of ProcessSpouse agrees to waive formal service
12.922(a)DefaultSpouse does not respond within 20 days
12.902(j)Notice of Social Security NumberRequired in all cases

What a Document Preparer Can (and Cannot) Do

We Can:

  • Prepare and organize all required court forms
  • Complete forms based on the information you provide
  • Review documents for completeness before filing
  • Provide filing instructions specific to Martin County

We Cannot (Unauthorized Practice of Law):

  • Give legal advice or predict outcomes
  • Tell you how to divide specific assets or debts
  • Advise on child custody strategy
  • Represent you in court

Martin County Self-Help Center

The Martin County Courthouse Self-Help Center is located at 100 E. Ocean Blvd., Stuart. Staff can answer procedural questions -- how to fill out a form, where to file, what the next step is -- but they cannot give legal advice. For legal advice, contact the Florida Bar Referral Service at 1-800-342-8011.


How Long Does a Martin County Divorce Take?

ScenarioEstimated Timeline
Simplified dissolution30-45 days
Uncontested (no children)60-90 days
Uncontested (with children)90-120 days
Contested6-24+ months

These are estimates. The actual timeline depends on court scheduling, how quickly both parties exchange financial disclosures, and whether any disputes arise.


What Does a Divorce Cost in Martin County?

OptionEstimated Cost
Attorney (uncontested)$5,000-$15,000
Attorney (contested)$15,000-$40,000+
Document preparation (ProPrep)$350-$850
DIY (forms only)~$408 (filing fee only)

The filing fee goes directly to the Martin County Clerk of Court. Document preparation fees cover the service of preparing, reviewing, and organizing your forms -- not the filing fee itself.


Frequently Asked Questions

Where do I file for divorce if I live in Palm City or Hobe Sound?

Martin County Courthouse, 100 E. Ocean Blvd., Stuart, FL 34994. Palm City and Hobe Sound are both unincorporated communities in Martin County. There is no satellite courthouse for family law. All dissolution of marriage cases are filed in Stuart, regardless of where in Martin County you live.

Is Hutchinson Island in Martin County or St. Lucie County?

Most of Hutchinson Island is in Martin County -- including the Stuart and Jensen Beach portions. However, the northern tip of Hutchinson Island near Fort Pierce is in St. Lucie County. If you live on Hutchinson Island, verify your county at pa.martin.fl.us. St. Lucie County residents file in Fort Pierce at 218 S. 2nd St. -- not Stuart.

What is the mandatory waiting period?

20 days after service before the court can hold a final hearing (FL Statute 61.19). For simplified dissolution, both spouses must appear together, and the timeline may be slightly faster if the court can schedule quickly. The 20-day rule applies to regular (non-simplified) dissolution cases.

Do I need to hire an attorney to get divorced in Martin County?

No. Florida law allows you to represent yourself in a divorce (pro se filing). The Martin County Courthouse processes uncontested pro se divorces routinely. Many uncontested cases -- where both spouses agree on all terms -- proceed from filing to final judgment without any attorney involvement. A document preparation service can help you get the paperwork right without attorney fees.

Is e-filing mandatory in Martin County?

E-filing is mandatory for attorneys under Administrative Order AOSC13-7. For pro se filers, e-filing through myeclerk.com or eportal.flcourts.org is strongly recommended -- it is faster, creates a digital record of everything you submitted, and avoids the need to drive to the courthouse to hand-file. You can still file in person at the clerk's office if preferred.

What if I can't afford the filing fee?

You can apply for a fee waiver by filing the Application for Determination of Civil Indigent Status (Form 68) with the clerk. If approved, the court waives the filing fee. The form is available at the clerk's office and on the Martin County Clerk's website. Eligibility is based on income and household size.


Ready to Get Started?

Filing for divorce is a big step. Getting the paperwork right the first time saves time, money, and stress. ProPrep prepares all required Florida family law forms based on your specific situation, reviews them for completeness, and gives you step-by-step Martin County filing instructions.

Ready to get your documents prepared? View our Florida divorce services โ†’

Need a specific form only? Browse individual document preparation โ†’


Also filing in a neighboring county? See our guides for St. Lucie County (Port St. Lucie / Fort Pierce), Indian River County (Vero Beach), Palm Beach County (West Palm Beach), and Broward County (Fort Lauderdale).


Pro Se Document Preparation is not a law firm and does not provide legal advice. We prepare documents based on information you provide. For legal advice, contact the Florida Bar Referral Service at 1-800-342-8011.

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