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Petition for Simplifies Dissolution of Marriage - Florida

Instructions for Florida Family Law Rules of Procedure Form 12.901(a), Petition for Simplified Dissolution of
Marriage (01/15)
INSTRUCTIONS FOR FLORIDA FAMILY LAW RULES OF PROCEDURE FORM
12.901(a), PETITION FOR SIMPLIFIED DISSOLUTION OF MARRIAGE
(01/15)
When should this form be used?
This form should be used when a husband and wife are filing for a simplified dissolution of
marriage. You and/or your spouse must have lived in Florida for at least 6 months before filing
for a dissolution in Florida. You may file a simplified dissolution of marriage in Florida if all of
the following are true:
You and your spouse agree that the marriage cannot be saved.
You and your spouse have no minor or dependent child(ren) together, the wife does not
have any minor or dependent children born during the marriage, and the wife is not
now pregnant.
You and your spouse have worked out how the two of you will divide the things that you
both own (your assets) and who will pay what part of the money you both owe (your
liabilities), and you are both satisfied with this division.
You are not seeking support (alimony) from your spouse, and vice versa.
You are willing to give up your right to trial and appeal.
You and your spouse are both willing to go into the clerk’s office to sign the petition (not
necessarily together).
You and your spouse are both willing to go to the final hearing (at the same time).
If you do not meet the criteria above, you must file a regular petition for dissolution of
marriage.
This petition should be typed or printed in black ink. Each of you must sign the petition in the
presence of a deputy clerk (in the clerk’s office), although you do not have to go into the clerk’s
office at the same time. You will need to provide picture identification (valid driver’s license or
official identification card) for the clerk to witness your signatures.
What should I do next?
1.After completing this form, you should filethe original with the clerk of the circuit courtin
the county where you live and keep a copy for your records.
You may document your agreement by signing a Marital Settlement Agreement,Florida
Family Law Rules of Procedure Form 12.902(f)(3) and filing it with the clerk of the circuit
court oryou may agreethat all of your assets (what youown) andliabilities (what youowe)
have been disposed of by oral agreement.
Instructions for Florida Family Law Rules of Procedure Form 12.901(a), Petition for Simplified Dissolution of
Marriage (01/15)
2.You must prove to the court that thehusband and/orwife has (have) lived in Florida for
more than 6 months before filing the petition for dissolution ofmarriage. Residence can be
proved by:
a valid Florida driver’s license, Florida identification card, or voter registration card
issued to one of you at least 6 months prior to filing for dissolution of marriage; or
the testimony of another person who knows that either you or your spouse has resided
in Florida for more than 6 months and is available to testify in court; or
an affidavit. To prove residence by affidavit, use an Affidavit ofCorroborating Witness,
Florida Supreme Court Approved Family Law Form 12.902(i). This form must be signed
by a person who knows that either you or your spouse has lived in Florida formore than
6 months before the date that you filed the petitionfor dissolution of marriage. This
affidavit may be signed in the presence ofthe clerk of the court or in the presence of a
notary public, who must affix his or her seal at the proper place on the affidavit.
3.You must pay the appropriate filing feesto the clerk ofthe circuit court. If youand your
spouse cannot afford to pay the filing fees,youmay fill outan Application for
Determination of Civil Indigent Status, and file it with your petition for dissolution of
marriage. You may obtain this form from the clerk and he orshe will determine whether
you are eligible to have filing fees waived.
4.Either you or the clerk of court will need to complete a Family Court Cover Sheet, Florida
Family Law Rules of Procedure Form 12.928. The clerk’s office can provide this form.
5.You must obtain a date andtime for a court appearance from the clerk ofcourt. On that
date, you andyour spouse must appear together before a judge. Youshould complete a
Final Judgment of Simplified Dissolutionof Marriage, Florida Family Law Rules of
Procedure Form 12.990(a), and bring it with you to the hearing. At that time, if all of the
papersare in order, the judge may grant afinaljudgment dissolving your marriage under
simplified dissolution ofmarriage procedures by signing the final judgment which you have
provided.
6.If you fail to complete this procedure, the court may dismiss the case to clear its records.
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, and
Rule 12.105, Florida Family Law Rules of Procedure.
Instructions for Florida Family Law Rules of Procedure Form 12.901(a), Petition for Simplified Dissolution of
Marriage (01/15)
Special notes...
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, 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 Family Law Rules of Procedure Form 12.901(a), Petition for Simplified Dissolution of Marriage (01/15)
IN THE CIRCUIT COURT OF THE JUDICIAL CIRCUIT,
IN AND FOR COUNTY, FLORIDA
Case No.:
Division:
,
Husband,
and
,
Wife.
PETITION FOR SIMPLIFIED DISSOLUTION OF MARRIAGE
We, {full legal name}, Husband,
and {full legal name}, Wife,
being sworn, certify that the following information is true:
[fill in allblanks]
1.We are both asking the Court for a dissolution of our marriage.
2.Husband lives in {name} County, {state}, and has lived
there since {date}. Wife lives in {name}
County, {state}, and has lived there since {date}.
3.We were married to each other on {date} in the city of {city} _________________
in state of {state}, or country of {country} _________________________________.
4.Our marriage is irretrievably broken.
5.We do not have any minor or dependent children together, the wife does not have any
minor or dependent children born during the marriage,and the wife is not pregnant.
6.We have divided our assets (what we own) and our liabilities (what we owe) by agreement.
We are satisfied with this agreement.
{Check oneonly}
( ) Our marital settlement agreement, Florida Family Law Rules of Procedure Form
12.902(f)(3), is attached. This agreement was signed freely and voluntarily by each of us
and we intend to be bound by it.
( ) Our marital settlement agreement is not in writing. We prefer to keep our financial
agreements private.
Florida Family Law Rules of Procedure Form 12.901(a), Petition for Simplified Dissolution of Marriage (01/15)
7. {Check oneonly} ( ) yes ( ) no Wife wants to be known by her former name, which was
{full legal name}____________________________________________________________.
8.We each certify that we have not been threatened or pressured into signing this petition.
We each understand that the result of signing this petition may be a final judgment ending
our marriage and allowing no further relief.
9.We each understand that we both must come to the hearingto testify about the things we
are asking for in this petition.
10.We understand that we each may have legal rights as a result of our marriage and that by
signing this petition we may be giving up those rights.
11.We ask the Court to end our marriage and approve our marital settlement agreement.
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 HUSBAND
Printed Name:
Address:
City, State, Zip:
Telephone Number:
Fax Number:
E-mail Address(es):__________________________
STATE OF FLORIDA
COUNTY OF
Sworn to or affirmed and signed before me on by .
NOTARY PUBLIC or DEPUTY CLERK
[Print, type, or stamp commissioned name of
notary or deputy clerk.]
Personally known
Produced identification
Type of identification produced
Florida Family Law Rules of Procedure Form 12.901(a), Petition for Simplified Dissolution of Marriage (01/15)
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 WIFE
Printed Name:
Address:
City, State, Zip:
Telephone Number:
Fax Number:
E-mail Address(es):__________________________
STATE OF FLORIDA
COUNTY OF
Sworn to or affirmed and signed before me on by .
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: [fill inall blanks]
This form was prepared for: [choose only one] ( ) Husband ( ) Wife
This form was completed with the assistance of:
{name of individual}________________________________________________________
{name of business} _________________________________________________________
{address}_________________________________________________________________
{city} _________________________, {state}______, {telephone number}______________.
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