Fillable Printable Petition for Divorce with Kids - Florida
Fillable Printable Petition for Divorce with Kids - Florida
Petition for Divorce with Kids - Florida
Instructions for Florida Supreme Court Approved Family Law Form 12.901(b)(1), Petition for Dissolution of Marriage with
Dependent or Minor Child(ren) (9/00)
INSTRUCTIONS FOR FLORIDA SUPREME COURT APPROVED FAMILY LAW FORM
12.901(b)(1),
PETITION FOR DISSOLUTION OF MARRIAGE WITH DEPENDENT OR MINOR CHILD(REN)
When should this form be used?
This form should be used when a husband or wife is filing for a dissolution of marriage
and you and your
spouse have a dependent or minor child(ren) together or the wife is pregnant. You and/or your spouse
must
have lived in Florida for at least 6 months before filing for a dissolution in Florida. You must file
this form
if the following is true:
C You and your spouse have a dependent or minor child(ren) together or the wife is pregnant.
This form should be typed or printed in black ink. After completing this form, you should sign the form before
a notary public
or deputy clerk. You should file the original with the clerk of the circuit court in the
county where you live and keep a copy for your records.
What should I do next?
For your case to proceed, you must properly notify your spouse of the petition
. If you know where he or
she lives, you should use personal service
. If you absolutely do not know where he or she lives, you may
use constructive service
. You may also be able to use constructive service if your spouse resides in
another state or country. However, if constructive service is used, other than granting a divorce, the court
may only grant limited relief. For more information on constructive service, see Notice of Action for
Dissolution of Marriage, O‘ Florida Supreme Court Approved Family Law Form 12.913(a), and Affidavit
of Diligent Search and Inquiry, O‘ Florida Family Law Rules of Procedure Form 12.913(b). If your
spouse is in the military service of the United States, additional steps for service may be required. See, for
example, Memorandum for Certificate of Military Service, O‘ Florida Supreme Court Approved Family
Law Form 12.912(a). In sum, the law regarding constructive service and service on an individual in the
military service is very complex and you may wish to consult an attorney regarding these issues.
If personal service is used, the respondent
has 20 days to answer after being served with your petition.
Your case will then generally proceed in one of the following three ways:
DEFAULT... If after 20 days, your spouse has not filed an answer, you may file a Motion for Default,
O‘ Florida Supreme Court Approved Family Law Form 12.922(a), with the clerk of court. Then, if you have
filed all of the required papers, you may call the clerk, family law intake staff, or judicial assistant to set
a final hearing. You must notify your spouse of the hearing by using a Notice of Hearing (General), O‘
Florida Supreme Court Approved Family Law Form 12.923, or other appropriate notice of hearing form.
UNCONTESTED... If your spouse files an answer that agrees with everything in your petition or an
answer and waiver, and you have complied with mandatory disclosure
and filed all of the required papers,
you may call the clerk, family law intake staff, or judicial assistant to set a final hearing. You must notify your
spouse of the hearing by using a Notice of Hearing (General), O‘ Florida Supreme Court Approved
Family Law Form 12.923, or other appropriate notice of hearing form.
CONTESTED... If your spouse files an answer or an answer and counterpetition, which disagrees with
or denies anything in your petition, and you are unable to settle the disputed issues, you should file a Notice
Instructions for Florida Supreme Court Approved Family Law Form 12.901(b)(1), Petition for Dissolution of Marriage with
Dependent or Minor Child(ren) (9/00)
for Trial, O‘ Florida Supreme Court Approved Family Law Form 12.924, after you have complied with
mandatory disclosure and filed all of the required papers. Some circuits may require the completion of
mediation before a final hearing may be set. You should contact the clerk, family law intake staff, or judicial
assistant for instructions on how to set your case for trial (final hearing). If your spouse files an answer and
counterpetition, you should answer the counterpetition within 20 days using an Answer to Counterpetition ,
O‘ Florida Supreme Court Approved Family Law Form 12.903(d).
Where can I look for more information?
Before proceeding, you should read “General Information for Self-Represented Litigants” found
at the beginning of these forms. The words that are in “bold underline” in these instructions are defined
there. For further information, see chapter 61, Florida Statutes.
Special notes...
If this is a domestic violence case and you want to keep your address confidential for safety reasons, do not
enter the address, telephone, and fax information at the bottom of this form. Instead, file Petitioner’s
Request for Confidential Filing of Address, O’ Florida Supreme Court Approved Family Law Form
12.980(i).
With this form, you must also file the following:
C Uniform Child Custody Jurisdiction Act (UCCJA) Affidavit, O‘ Florida Supreme Court
Approved Family Law Form 12.902(d).
C
Child Support Guidelines Worksheet, O‘ Florida Family Law Rules of Procedure Form
12.902(e), if you are asking that child support be ordered in the final judgment. (If you do not know
your spouse’s income, you may file this worksheet after his or her financial affidavit has been served
on you.)
C Affidavit of Corroborating Witness, O’ Florida Supreme Court Approved Family Law Form
12.902(i) OR photocopy of current Florida driver’s license, Florida identification card, or voter’s
registration card (issue date of copied document must be at least six months before date case is
actually filed with the clerk of the circuit court).
C Affidavit of Indigency, O’ Florida Supreme Court Approved Family Law Form 12.902(a), if you
are requesting that filing
fees be waived.
C Marital Settlement Agreement for Dissolution of Marriage with Dependent or Minor
Child(ren), O‘ Florida Supreme Court Approved Family Law Form 12.902(f)(1), if you and your
spouse have reached an agreement on any or all of the issues.
C
Notice of Social Security Number, O‘ Florida Supreme Court Approved Family Law Form
12.902(j).
C Family Law Financial Affidavit, O‘ Florida Family Law Rules of Procedure Form 12.902(b) or
(c). (This must be filed within 45 days of service of the petition on the respondent, if not filed at the
time of the petition.)
C
Certificate of Compliance with Mandatory Disclosure , O‘ Florida Family Law Rules of
Procedure Form 12.932. (This must be filed within 45 days of service
of the petition on the
respondent, if not filed at the time of the petition, unless you and your spouse have agreed not to
exchange these documents.)
Instructions for Florida Supreme Court Approved Family Law Form 12.901(b)(1), Petition for Dissolution of Marriage with
Dependent or Minor Child(ren) (9/00)
Child Custody... If you and your spouse are unable to agree about with whom the child(ren) will live most
of the time, a judge will decide for you. The judge will decide the parenting arrangements based on the
child(ren)’s best interests. Regardless of whether there is an agreement, the court reserves jurisdiction to
modify issues relating to the minor child(ren).
The judge may request a parenting evaluation
or appoint a guardian ad litem in your case. This means
that a neutral person will review your situation and report to the judge concerning parenting issues. The
purpose of such intervention is to be sure that the best interests of the child(ren) is (are) being served. For
more information, you may consult section 61.13, Florida Statutes.
Some circuits may require the completion of a parenting course
before a final hearing may be set. You
should contact the clerk, family law intake staff, or judicial assistant about requirements for parenting courses
where you live.
Listed below are some terms with which you should become familiar before completing your petition. If you
do not fully understand any of the terms below or their implications, you should speak with an
attorney before going any further.
C
Shared Parental Responsibility
C
Sole Parental Responsibility
C Rotating Custody
C
Primary Residential Responsibility
C Secondary Residential Responsibility
C
Reasonable visitation
C Specified visitation
C
Supervised visitation
C No contact
Child Support... The court may order one parent to pay child support to assist the other parent in meeting
the child(ren)’s material needs. Both parents are required to provide financial support, but one parent
may be ordered to pay a portion of his or her support for the child(ren) to the other parent. If you are
requesting custody or primary residential responsibility for the child(ren), you should request child support in
your petition. Florida has adopted guidelines for determining the amount of child support to be paid. These
guidelines are based on the combined income of both parents and take into account the financial contributions
of both parents. You must file a Family Law Financial Affidavit, O’ Florida Family Law Rules of
Procedure Form 12.902(b) or (c), and your spouse will be required to do the same. From your financial
affidavits, you should be able to calculate the amount of child support that should be paid using the Child
Support Guidelines Worksheet, O’ Florida Family Law Rules of Procedure Form 12.902(e). Because
the child support guidelines take several factors into consideration, change over time, and vary from state to
state, your child support obligation may be more or less than that of other people in seemingly similar
situations.
Alimony... Alimony may be awarded to a spouse if the judge finds that he or she needs it and that the other
spouse has the ability to pay it. If you want alimony, you must request it in writing in the original
petition or counterpetition. If you do not request alimony in writing before the final hearing, it is
waived (you may not request it later). You may request either permanent alimony
, lump sum alimony,
or rehabilitative alimony
.
Instructions for Florida Supreme Court Approved Family Law Form 12.901(b)(1), Petition for Dissolution of Marriage with
Dependent or Minor Child(ren) (9/00)
Marital/Nonmarital Assets and Liabilities... Florida law requires an equitable distribution of marital
assets and marital liabilities. “Equitable” does not necessarily mean “equal.” Many factors, including child
support, custody, and alimony awards, may lead the court to make an unequal (but still equitable) distribution
of assets and liabilities. Nonmarital assets
and nonmarital liabilities are those assets and liabilities which
the parties agree or the court determines belong to, or are the responsibility of, only one of the parties. If the
parties agree or the court finds an asset or liability to be nonmarital, the judge will not consider it when
distributing marital assets and liabilities.
Temporary Relief... If you need temporary relief regarding temporary use of assets, temporary
responsibility for liabilities, parental responsibility and visitation with child(ren), temporary child support, or
temporary alimony, you may file a Motion for Temporary Support with Dependent or Minor
Child(ren), O‘ Florida Supreme Court Approved Family Law Form 12.947(a). For more information, see
the instructions for that form.
Marital Settlement Agreement
... If you and your spouse are able to reach an agreement on any or all
of the issues, you should file a Marital Settlement Agreement for Dissolution of Marriage with
Dependent or Minor Child(ren), O‘ Florida Supreme Court Approved Family Law Form 12.902(f)(1).
Both of you must sign this agreement before a notary public
or deputy clerk. Any issues on which you
are unable to agree will be considered contested
and settled by the judge at the final hearing.
Final Judgment Form... These family law forms contain a Final Judgment of Dissolution of Marriage
with Dependent or Minor Child(ren), O’ Florida Supreme Court Approved Family Law Form
12.990(c)(1), which the judge may use if your case is contested. If you and your spouse reach an agreement
on all of the issues, the judge may use a Final Judgment of Dissolution of Marriage with Dependent
or Minor Child(ren) (Uncontested), O’ Florida Supreme Court Approved Family Law Form
12.990(b)(1). You should check with the clerk, family law intake staff, or judicial assistant to see if you need
to bring a final judgment with you to the hearing. If so, you should type or print the heading, including the
circuit, county, case number, division, and the parties’ names, and leave the rest blank for the judge to
complete at your hearing or trial.
Nonlawyer... Remember, a person who is NOT an attorney is called a nonlawyer. If a nonlawyer helps you
fill out these forms, that person must give you a copy of a Disclosure from Nonlawyer, O‘ Florida Family
Law Rules of Procedure Form 12.900(a), before he or she helps you. A nonlawyer helping you fill out these
forms also must put his or her name, address, and telephone number on the bottom of the last page of every
form he or she helps you complete.
Florida Supreme Court Approved Family Law Form 12.901(b)(1), Petition for Dissolution of Marriage with Dependent or Minor
Child(ren) (9/00)
IN THE CIRCUIT COURT OF THE JUDICIAL CIRCUIT,
IN AND FOR COUNTY, FLORIDA
Case No.:
Division:
,
Petitioner,
and
,
Respondent.
PETITION FOR DISSOLUTION OF MARRIAGE
WITH DEPENDENT OR MINOR CHILD(REN)
I, {full legal name} , the
[ / one only] ( ) Husband ( ) Wife, being sworn, certify that the following statements are true:
1.
JURISDICTION/RESIDENCE
( ) Husband ( ) Wife ( ) Both has (have) lived in Florida for at least 6 months before the filing
of this Petition for Dissolution of Marriage.
2.
The husband [ / one only] ( ) is ( ) is not a member of the military service.
The wife [ / one only] ( ) is ( ) is not a member of the military service.
3.
MARRIAGE HISTORY
Date of marriage: {month, day, year}
Place of marriage: {city, state, country}
Date of separation: {month, day, year} (9 / if approximate)
4. DEPENDENT OR MINOR CHILD(REN)
[ / all that apply]
a. The wife is pregnant. Baby is due on: {date}
b. The minor (under 18) child(ren) common to both parties are:
Name Place of Birth Birth date Sex
c. The minor child(ren) born or conceived during the marriage who are not common to both parties
are:
Name Place of Birth Birth date Sex
The birth father(s) of the above minor child(ren) is (are) {name and address}
Florida Supreme Court Approved Family Law Form 12.901(b)(1), Petition for Dissolution of Marriage with Dependent or Minor
Child(ren) (9/00)
d. The child(ren) common to both parties who are 18 or older but who are dependent upon the
parties due to a mental or physical disability are:
Name Place of Birth Birth date Sex
5. A completed Uniform Child Custody Jurisdiction Act (UCCJA) Affidavit, O‘ Florida Supreme
Court Approved Family Law Form 12.902(d), is filed with this petition. (You must complete and
attach this form in a dissolution of marriage with minor child(ren)).
6.
A completed Notice of Social Security Number, O‘Florida Supreme Court Approved Family Law
Form 12.902(j), is filed with this petition.
7.
This petition for dissolution of marriage should be granted because:
[ / one only]
a. The marriage is irretrievably broken.
b. One of the parties has been adjudged mentally incapacitated for a period of 3 years prior to the
filing of this petition. A copy of the Judgment of Incapacity is attached.
SECTION I. MARITAL ASSETS AND LIABILITIES
[ / one only]
1. There are no marital assets or liabilities.
2. There are marital assets or liabilities. All marital and nonmarital assets and liabilities are (or will
be) listed in the financial affidavits, O‘ Florida Family Law Rules of Procedure Form 12.902(b)
or (c), to be filed in this case.
[ / all that apply]
a. All marital assets and liabilities have been divided by a written agreement between the
parties, which is attached, to be incorporated into the final judgment of dissolution of
marriage. (The parties may use Marital Settlement Agreement for Dissolution of Marriage
with Dependent or Minor Child(ren), O‘ Florida Supreme Court Approved Family Law
Form 12.902(f)(1).
b. The Court should determine how the assets and liabilities of this marriage are to be
distributed, under section 61.075, Florida Statutes.
c. Petitioner should be awarded an interest in Respondent’s property because:
SECTION II. SPOUSAL SUPPORT (ALIMONY)
[ / one only]
1. Petitioner forever gives up his/her right to spousal support (alimony) from Respondent.
2. Petitioner requests that the Court order Respondent to pay the following spousal support (alimony)
and claims that he or she has a need for the support that he or she is requesting and Respondent
has the ability to pay that support . Spousal support (alimony) is requested in the amount of
Florida Supreme Court Approved Family Law Form 12.901(b)(1), Petition for Dissolution of Marriage with Dependent or Minor
Child(ren) (9/00)
$ every ( ) week ( ) other week ( ) month, beginning {date}
and continuing until {date or event} .
Explain why the Court should order Respondent to pay and any specific request(s) for type of
alimony (temporary, permanent, rehabilitative, and/or lump sum):
[ / if applies] ( ) Petitioner requests life insurance on Respondent’s life, provided by Respondent,
to secure such support.
SECTION III. CHILD CUSTODY, PARENTAL RESPONSIBILITY, AND VISITATION
1. The minor child(ren) currently reside(s) with ( ) Mother ( ) Father ( ) Other: {explain}
2. Parental Responsibility. It is in the child(ren)’s best interests that parental responsibility be:
[ / one only]
a. shared by both Father and Mother.
b. awarded solely to ( ) Father ( ) Mother. Shared parental responsibility would be detrimental
to the child(ren) because:
3.
Primary Residential Parent (Custody). It is in the best interests of the child(ren) that the primary
residential parent be ( ) Father ( ) Mother ( ) undesignated ( ) rotating because:
4.
Visitation or Time Sharing. Petitioner requests that the court order
[ / all that apply]
a. no visitation.
b. limited visitation.
c. supervised visitation.
d. supervised or third-person exchange of child(ren).
e. visitation or time sharing as determined by the Court.
f. a visitation or time sharing schedule as follows:
Explain the requested visitation or time sharing schedule:
Florida Supreme Court Approved Family Law Form 12.901(b)(1), Petition for Dissolution of Marriage with Dependent or Minor
Child(ren) (9/00)
Explain why this request is in the best interests of the child(ren):
Has the above visitation or time sharing schedule been agreed to by the parties? ( ) yes ( ) no
SECTION IV. CHILD SUPPORT
[ / all that apply]
1. Petitioner requests that the Court award child support as determined by Florida’s child support
guidelines, section 61.30, Florida Statutes. A completed Child Support Guidelines Worksheet, O”
Florida Family Law Rules of Procedure Form 12.902(e), is, or will be filed. Such support should
be ordered retroactive to:
a. the date of separation {date} .
b. the date of the filing of this petition.
c. other {date} {explain}
2. Petitioner requests that the Court award child support to be paid beyond the age of 18 years
because:
a. the following child(ren) {name(s)}
is (are) dependent because of a mental or physical incapacity which began before the age
of 18. {explain}
b. the following child(ren) {name(s)} is (are) dependent
in fact and is (are) in high school while he/she (they) are between the ages of 18 and 19; said
child(ren) is (are) performing in good faith with reasonable expectation of graduation before
the age of 19.
3. Petitioner requests that the Court award a child support amount that is more than or less than
Florida’s child support guidelines. Petitioner understands that Motion to Deviate from Child Support
Guidelines, O‘ Florida Supreme Court Approved Family Law Form 12.943, must be filed before
the court will consider this request.
4. Petitioner requests that medical/dental insurance coverage for the minor child(ren) be provided
by:
[ / one only]
a. Father.
b. Mother.
5. Petitioner requests that uninsured medical/dental expenses for the child(ren) be paid:
[ / one only]
a. by Father.
b. by Mother.
c. by Father and Mother [each pay one-half].
d. according to the percentages in the Child Support Guidelines Worksheet, O‘ Florida
Family Law Rules of Procedure Form 12.902(e).
e. Other {explain}:
Florida Supreme Court Approved Family Law Form 12.901(b)(1), Petition for Dissolution of Marriage with Dependent or Minor
Child(ren) (9/00)
6. Petitioner requests that life insurance to secure child support be provided by:
a. Father.
b. Mother.
c. Both.
SECTION V. OTHER
1.
[If Petitioner is also the Wife, / one only] ( ) yes ( ) no Petitioner/Wife wants to be known by
her former name, which was {full legal name}
.
2.
Other relief {specify}:
SECTION VI. PETITIONER’S REQUEST (This section summarizes what you are asking the Court
to include in the final judgment of dissolution of marriage.)
Petitioner requests that the Court enter an order dissolving the marriage and:
[ / all that apply]
1. distributing marital assets and liabilities as requested in Section I of this petition;
2. awarding spousal support (alimony) as requested in Section II of this petition;
3. establishing the primary residential parent (custody), parental responsibility, and visitation for
the dependent or minor child(ren) common to both parties, as requested in Section III of this petition;
4. establishing child support for the dependent or minor child(ren) common to both parties, as
requested in Section IV of this petition;
5. restoring Wife’s former name as requested in Section V of this petition;
6. awarding other relief as requested in Section V of this petition; and any other terms the Court
deems necessary.
I understand that I am swearing or affirming under oath to the truthfulness of the claims
made in this petition and that the punishment for knowingly making a false statement includes fines
and/or imprisonment.
Dated:
Signature of Petitioner
Printed Name:
Address:
City, State, Zip:
Telephone Number:
Fax Number:
STATE OF FLORIDA
COUNTY OF
Sworn to or affirmed and signed before me on
by .
Florida Supreme Court Approved Family Law Form 12.901(b)(1), Petition for Dissolution of Marriage with Dependent or Minor
Child(ren) (9/00)
NOTARY PUBLIC or DEPUTY CLERK
[Print, type, or stamp commissioned name of notary or
deputy clerk.]
Personally known
Produced identification
Type of identification produced
IF A NONLAWYER HELPED YOU FILL OUT THIS FORM, HE/SHE MUST FILL IN THE
BLANKS BELOW: [ N fill in all blanks]
I, {full legal name and trade name of nonlawyer} ,
a nonlawyer, located at {street}
, {city} ,
{state}
, {phone} , helped {name} ,
who is the petitioner, fill out this form.
