Article Guide
The Florida Divorce Decree form is a crucial document for individuals seeking to dissolve their marriage, particularly when minor or dependent children are involved. This form is designed for couples who have been living in Florida for at least six months and need to address various aspects of their separation. It includes essential instructions on how to properly fill out and file the petition, emphasizing the importance of notifying the other spouse. The document outlines the different types of service that can be used to inform the spouse about the petition, such as personal or constructive service, depending on the circumstances. Additionally, the form covers the process that follows the filing, including the potential outcomes of the case—default, uncontested, or contested—based on the response from the other party. Important considerations such as child support, alimony, and the equitable distribution of assets and liabilities are also addressed within the form. Furthermore, it provides guidance on additional forms that may be required, such as a Parenting Plan and financial affidavits. Overall, the Florida Divorce Decree form serves as a comprehensive guide to navigate the complexities of divorce proceedings in Florida.
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INSTRUCTIONS FOR FLORIDA SUPREME COURT APPROVED FAMILY LAW
FORM 12.901(b)(1),
PETITION FOR DISSOLUTION OF MARRIAGE WITH DEPENDENT OR
MINOR CHILD(REN) (02/18)
When should this form be used?
This form should be used when you are filing for a dissolution of marriage, and you and your spouse have a dependent or minor child(ren) together, or a spouse is pregnant. You 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:
You and your spouse have a dependent or minor child(ren) together or a spouse 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. Because you are filing the petition in this proceeding, you may also be referred to as the petitioner and your spouse as the respondent.
IMPORTANT INFORMATION REGARDING
The Florida Rules of Judicial Administration now require that all petitions, pleadings, and documents be filed electronically except in certain circumstances.
The rules and procedures should be carefully read and followed.
What should I do next?
For your case to proceed, you must properly notify your spouse of the petition. If you know where your spouse lives, you should use personal service. If you absolutely do not know where your spouse 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, which cannot include either spousal support (alimony) or child support. For more information on constructive service, see Notice of Action for Family Cases with Minor Child(ren), Florida Supreme Court Approved Family Law Form 12.913(a)(2), and Affidavit of Diligent Search and Inquiry, Florida Family Law Rules of Procedure Form 12.913(c). 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, Florida Supreme Court Approved Family Law Form 12.912(a) and Affidavit of Military Service, Florida Supreme Court Approved Family Law Form 12.912(b). 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.
Instructions for Florida Supreme Court Approved Family Law Form 12.901(b)(1), Petition for Dissolution of Marriage with Dependent or Minor Child(ren) (02/18)
If personal service is used, your spouse 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, 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 contact 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), 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 contact 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), 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 for Trial, 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, 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
IMPORTANT INFORMATION REGARDING
After the initial service of process of the petition or supplemental petition by the Sheriff or certified process server, the Florida Rules of Judicial Administration now require that all documents required or permitted to be served on the other party must be served by electronic mail
Instructions for Florida Supreme Court Approved Family Law Form 12.901(b)(1), Petition for Dissolution of Marriage with Dependent or Minor Child(ren) (02/18)
To serve and receive documents by
Special notes...
If you do not have the money to pay the filing fee, you may obtain an Application for Determination of Civil Indigent Status from the clerk, fill it out, and the clerk will determine whether you are eligible to have filing fees deferred.
If you want to keep your address confidential because you are the victim of sexual battery, aggravated child abuse, aggravated stalking, harassment, aggravated battery, or domestic violence, do not enter the address, telephone, and fax information at the bottom of this form. Instead, file a Request for Confidential Filing of Address, Florida Supreme Court Approved Family Law Form 12.980(h).
With this form, you must also file the following:
Uniform Child Custody Jurisdiction and Enforcement Act (UCCJEA) Affidavit, Florida Supreme Court Approved Family Law Form 12.902(d).
Child Support Guidelines Worksheet, 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 your spouse’s financial affidavit has been served on you.)
Affidavit of Corroborating Witness, 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).
Marital Settlement Agreement for Dissolution of Marriage with Dependent or Minor Child(ren), 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.
Notice of Social Security Number, Florida Supreme Court Approved Family Law Form 12.902(j).
Family Law Financial Affidavit, Florida Family Law Rules of Procedure Form 12.902(b) or (c). (This must be filed with the petition if the petitioner seeks to establish child support. Otherwise, it must be filed within 45 days of service of the petition on the respondent.)
Certificate of Compliance with Mandatory Disclosure, 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.)
Parenting Plan, Florida Supreme Court Approved Family Law Form 12.995(a), (b), or (c). If the parents have reached an agreement, a signed and notarized Parenting Plan should be attached. If the parents have not reached an agreement, a proposed Parenting Plan may be filed.
Parenting Plan and
Instructions for Florida Supreme Court Approved Family Law Form 12.901(b)(1), Petition for Dissolution of Marriage with Dependent or Minor Child(ren) (02/18)
will decide the parenting arrangements and
The judge may request a parenting plan recommendation 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.
A parenting course must be completed prior to entry of the final judgment. 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.
Shared Parental Responsibility
Sole Parental Responsibility
Supervised
No contact
Parenting Plan
Parenting Plan Recommendation
Child Support. Both parents are required to provide financial support for their minor or dependent child(ren); however, the court may order one parent to pay child support to the other parent. 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 and the number of overnights the child(ren) spend with each parent. You must file a Family Law Financial Affidavit, 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, 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 one spouse has an actual need for it and also finds that the other spouse has the ability to pay. If you want alimony, you must request it in writing in the original petition. If you do not request alimony in writing before the final hearing, it is waived (you may not request it later). You may request permanent alimony,
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,
Instructions for Florida Supreme Court Approved Family Law Form 12.901(b)(1), Petition for Dissolution of Marriage with Dependent or Minor Child(ren) (02/18)
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
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), 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.
Parenting Plan. In all cases involving minor or dependent child(ren), a Parenting Plan shall be approved or established by the court. If you and your spouse have reached an agreement, you should file one of the following: Parenting Plan, Florida Supreme Court Approved Family Law Form 12.995(a),
Final Judgment Form. These family law forms contain a Final Judgment of Dissolution of Marriage with Dependent or Minor Child(ren), 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), 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, 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.
Instructions for Florida Supreme Court Approved Family Law Form 12.901(b)(1), Petition for Dissolution of Marriage with Dependent or Minor Child(ren) (02/18)
IN THE CIRCUIT COURT OF THE |
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Case No.: |
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Division: |
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In re: The Marriage of: |
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______________________________, |
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Petitioner, |
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and |
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_______________________________, |
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Respondent. |
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PETITION FOR DISSOLUTION OF MARRIAGE WITH
DEPENDENT OR MINOR CHILD(REN)
I, {full legal name} |
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Petitioner, being sworn, certify that the following statements are true:
1.JURISDICTION/RESIDENCE
_____Petitioner _____ Respondent _____ Both has (have) lived in Florida for at least 6 months before the filing of this Petition for Dissolution of Marriage.
2.Petitioner _____ is or _____ is not a member of the military service. Respondent _____ is or _____ is not a member of the military service.
3.MARRIAGE HISTORY
Date of marriage: {month, day, year} ___________________
Date of separation: {month, day, year}__________________ (___Please indicate if approximate)
Place of marriage: {county, state, country} __________________________________________
4.DEPENDENT OR MINOR CHILD(REN) {Choose all that apply}
a. _____ Petitioner is pregnant. Baby is due on: {date} |
_____ |
b._____ Respondent is pregnant. Baby is due on: {date} ________________________
c._____ The minor (under 18) child(ren) common to both parties are:
NameBirth date
______________________________________________________________________________
______________________________________________________________________________
______________________________________________________________________________
Florida Supreme Court Approved Family Law Form 12.901(b)(1), Petition for Dissolution of Marriage with Dependent or Minor Child(ren) (02/18)
______________________________________________________________________________
______________________________________________________________________________
______________________________________________________________________________
d. ___The minor child(ren) born or conceived during the marriage who are not common to both parties are:
NameBirth date
______________________________________________________________________________
______________________________________________________________________________
The birth parent (s) of the above minor child(ren) is (are): {name and address}
______________________________________________________________________________
______________________________________________________________________________
e.___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:
NameBirth date
______________________________________________________________________________
______________________________________________________________________________
5.A completed Family Law Financial Affidavit, Florida Family Law Rules of Procedure Form 12.902(b) or (c) {choose only one} _____ is filed with this petition or _____ will be timely filed.
6.A completed Uniform Child Custody Jurisdiction and Enforcement Act (UCCJEA) Affidavit, 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)).
7.A completed Notice of Social Security Number, Florida Supreme Court Approved Family Law Form 12.902(j), is filed with this petition.
8.This petition for dissolution of marriage should be granted because: {Choose only one}
a. ____ The marriage is irretrievably broken.
OR
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
1.____ There are no marital assets or liabilities.
OR
Florida Supreme Court Approved Family Law Form 12.901(b)(1), Petition for Dissolution of Marriage with Dependent or Minor Child(ren) (02/18)
2.____ There are marital assets or liabilities. All marital and nonmarital assets and liabilities are (or will be) listed in the financial affidavits, Florida Family Law Rules of Procedure Form 12.902(b) or (c), filed in this case.
{Indicate 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), 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 ____Respondent should be awarded an interest in the other spouse’s
property because:
______________________________________________________________________________
______________________________________________________________________________
______________________________________________________________________________
______________________________________________________________________________
SECTION II. SPOUSAL SUPPORT (ALIMONY)
1.____ Petitioner ____Respondent forever gives up any right to spousal support (alimony) from the other spouse.
OR
2.____ Petitioner _____Respondent requests that the Court order the other spouse to pay the following spousal support (alimony) and claims that he or she has an actual need for the support that he or she is requesting and that the other spouse has the ability to pay that support. Spousal support (alimony) is requested in the amount of $________________ every: _____
week _____ other week _____ month, or _________other ________________ beginning {date}
________________ and continuing until {date or event} ___________________________.
Explain why the Court should order _____Petitioner _____Respondent to pay, and any specific request(s) for type of alimony (temporary, permanent,
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3._____Other provisions relating to alimony, including any tax treatment and consequences:
______________________________________________________________________________
______________________________________________________________________________
______________________________________________________________________________.
Florida Supreme Court Approved Family Law Form 12.901(b)(1), Petition for Dissolution of Marriage with Dependent or Minor Child(ren) (02/18)
4._____ Petitioner requests life insurance on the other spouse’s life, provided by that spouse, to secure such support.
SECTION III. PARENTING PLAN ESTABLISHING PARENTAL RESPONSIBILITY AND
1.The minor child(ren) currently reside(s) with _____ Petitioner _____ Respondent _____ Other: {explain} ___________________________________________________________
2.Parental Responsibility. It is in the child(ren)’s best interests that parental responsibility be: {Choose only one}
a.____ shared by both parents;
b.____ awarded solely to _____ Petitioner _____ Respondent . Shared parental responsibility
would be detrimental to the child(ren) because:________________________
______________________________________________________________________________
______________________________________________________________________________
______________________________________________________________________________.
3.Parenting Plan and
{Choose only one}
a.____ The attached proposed Parenting Plan should be adopted by the court. The parties
{Choose only one} _____ have _____ have not agreed to the Parenting Plan.
b. _____Each child will have
_____________________________________________________________________
_____________________________________________________________________
____________________________________________________________________________
(_____ Indicate if a separate sheet is attached.)
c. ____ The court should establish a Parenting Plan with the following provisions for:
{Insert name or designation of the appropriate parent in the space provided}
____ No
____ Limited
____ Supervised
____ Supervised or
____ Explain:
______________________________________________________________________________
______________________________________________________________________________
______________________________________________________________________________
4.Explain why this request is in the best interests of the child(ren):
______________________________________________________________________________
______________________________________________________________________________
______________________________________________________________________________
______________________________________________________________________________.
Florida Supreme Court Approved Family Law Form 12.901(b)(1), Petition for Dissolution of Marriage with Dependent or Minor Child(ren) (02/18)
SECTION IV. CHILD SUPPORT {Choose 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, 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, is (are) in high school, and 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 and understands that a Motion to Deviate from Child Support Guidelines, 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 for the minor child(ren) be provided by:
{Choose only one}
a.____ Petitioner
b.____ Respondent.
5._____Petitioner requests that uninsured medical/dental expenses for the child(ren) be paid: {Choose only one}
a.____by Petitioner;
b.____by Respondent;
c.____equally by the spouses {each spouse pays
d.____according to the percentages in the Child Support Guidelines Worksheet, 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) (02/18)
Form Specifications
| Fact Name | Details |
|---|---|
| Purpose of the Form | This form is used for filing a divorce when a couple has a minor child or is expecting a child. |
| Residency Requirement | At least one spouse must have lived in Florida for a minimum of six months before filing. |
| Filing Process | The completed form must be filed with the circuit court clerk in the county of residence. |
| Service of Process | Personal service is preferred; if unknown, constructive service may be used, but with limitations. |
| Response Time | After personal service, the respondent has 20 days to file an answer. |
| Electronic Filing | All documents must be filed electronically unless specific exceptions apply, per Florida Rule of Judicial Administration 2.525. |
| Governing Law | This form is governed by Chapter 61 of the Florida Statutes, which outlines divorce proceedings. |
Florida Divorce Decree: Usage Guidelines
Completing the Florida Divorce Decree form is an important step in the divorce process when there are dependent or minor children involved. After filling out the form, you will need to file it with the appropriate court and notify your spouse. This ensures that your case can proceed smoothly.
- Begin by downloading the Florida Supreme Court Approved Family Law Form 12.901(b)(1) from the official website or obtain a physical copy from the clerk's office.
- Type or print the form clearly using black ink.
- Fill in your name and contact information as the petitioner at the top of the form.
- Provide your spouse's name and contact information as the respondent.
- Indicate whether you and your spouse have any dependent or minor children together, or if one spouse is pregnant.
- Complete the sections regarding the children, including their names, birth dates, and any relevant details about custody and support.
- Fill out the section related to marital assets and liabilities, providing accurate information about property and debts.
- If you are requesting alimony, clearly state your request in the designated section of the form.
- Review the form for accuracy and completeness before signing it.
- Sign the form in the presence of a notary public or deputy clerk to validate it.
- Make a copy of the completed form for your records.
- File the original form with the clerk of the circuit court in your county.
Your Questions, Answered
What is the Florida Divorce Decree form, and when should it be used?
The Florida Divorce Decree form is a legal document used to finalize the dissolution of a marriage in Florida, particularly when there are dependent or minor children involved. You should use this form if you and your spouse have children together or if one spouse is pregnant. Additionally, either you or your spouse must have lived in Florida for at least six months before filing. This form must be completed accurately and filed with the circuit court in your county.
How do I properly file the Florida Divorce Decree form?
To file the Florida Divorce Decree form, you must first complete it in black ink or type it. After signing the form in the presence of a notary public or deputy clerk, file the original with the clerk of the circuit court in your county. It is wise to keep a copy for your records. Additionally, if you choose to file electronically, ensure you comply with the relevant Florida Rules of Judicial Administration.
What steps must I take to notify my spouse after filing?
Once you file the petition, it is crucial to notify your spouse. If you know your spouse's current address, personal service is recommended. If you cannot locate them, you may consider constructive service, which has specific limitations, especially regarding spousal and child support. If your spouse is in the military, additional procedures may apply. Consulting an attorney can provide clarity on these complex issues.
What happens if my spouse does not respond to the petition?
If your spouse fails to respond within 20 days after being served, you may file a Motion for Default. This motion allows you to proceed with your case without their participation. After filing the necessary documents, you can set a final hearing to finalize the divorce. It is essential to notify your spouse of this hearing as well.
What if my spouse agrees with everything in the petition?
If your spouse files an answer that agrees with your petition, the case is considered uncontested. In this scenario, you can move forward to set a final hearing, provided you have complied with mandatory disclosure and filed all required paperwork. Again, notifying your spouse of the hearing is necessary.
What should I do if my spouse contests the divorce?
If your spouse contests the divorce by filing an answer or a counterpetition, the case becomes contested. You will need to file a Notice for Trial after complying with mandatory disclosure. Depending on the circuit, mediation may be required before setting a final hearing. Make sure to follow the specific procedures outlined by your local court.
What are the requirements for child support and alimony?
In Florida, both parents are obligated to provide financial support for their minor children. The court will determine child support based on guidelines that consider the parents' combined income and time-sharing arrangements. If you seek alimony, you must request it in writing within your original petition. Alimony can take various forms, including permanent or rehabilitative, depending on the circumstances of your marriage.
What is a Parenting Plan, and why is it important?
A Parenting Plan is a crucial document that outlines the time-sharing schedule and responsibilities of both parents regarding their minor children. In all divorce cases involving children, the court will approve or establish a Parenting Plan. If parents cannot agree on the terms, the court will decide based on the best interests of the children. Completing a parenting course may be required before final judgment is entered.
Common mistakes
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Inaccurate Information: Failing to provide correct details about yourself or your spouse can lead to significant delays. Ensure that names, addresses, and other personal information are accurate and up-to-date.
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Missing Signatures: Neglecting to sign the form before a notary public or deputy clerk is a common oversight. This step is crucial for the validity of your petition.
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Incorrect Filing Location: Submitting the form to the wrong county can result in your petition being dismissed. Always file in the county where you reside.
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Improper Notification: Failing to properly notify your spouse of the petition can complicate the proceedings. Use personal service whenever possible, or follow the rules for constructive service if necessary.
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Ignoring Mandatory Forms: Not including required documents such as the Family Law Financial Affidavit or Parenting Plan can lead to delays. Review the list of necessary forms carefully.
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Overlooking Deadlines: Missing important deadlines, such as the 20 days for your spouse to respond, can negatively impact your case. Keep track of all timelines associated with your petition.
Documents used along the form
When navigating a divorce in Florida, several forms and documents accompany the Florida Divorce Decree. Understanding these additional documents is crucial for ensuring that all legal requirements are met and that the process goes smoothly. Below is a list of commonly used forms along with a brief description of each.
- Uniform Child Custody Jurisdiction and Enforcement Act (UCCJEA) Affidavit: This document establishes the jurisdiction for custody matters and ensures that the court has the authority to make decisions regarding the child’s custody.
- Child Support Guidelines Worksheet: This worksheet helps determine the amount of child support to be paid, based on the combined income of both parents and the time-sharing arrangement.
- Marital Settlement Agreement: If both spouses reach an agreement on the terms of the divorce, this document outlines the agreed-upon arrangements regarding assets, liabilities, and child custody.
- Parenting Plan: Required in cases involving minor children, this plan details the parenting arrangements, including time-sharing schedules and responsibilities of each parent.
- Family Law Financial Affidavit: This affidavit provides a detailed account of each party's financial situation, which is essential for determining alimony and child support obligations.
- Certificate of Compliance with Mandatory Disclosure: This certificate confirms that both parties have complied with the mandatory disclosure requirements, ensuring transparency in financial matters.
- Notice of Hearing: This document serves to inform all parties of the scheduled hearing date, ensuring that everyone is aware of the proceedings.
- Final Judgment of Dissolution of Marriage: This form is used by the court to finalize the divorce, detailing the terms agreed upon or decided by the judge.
Each of these documents plays a vital role in the divorce process. Being informed about them can help individuals navigate their case more effectively, ensuring that all necessary steps are completed in accordance with Florida law.
Similar forms
- Petition for Dissolution of Marriage without Children: Similar to the Florida Divorce Decree form, this document is used to initiate a divorce when there are no minor or dependent children involved. Both forms require the petitioner to provide personal information and file with the circuit court, but the children-related sections are omitted in this version.
- Marital Settlement Agreement: This document outlines the terms agreed upon by both spouses regarding the division of assets, liabilities, and other matters. Like the Florida Divorce Decree, it aims to finalize the divorce process, but it specifically details the agreements made rather than the court's ruling.
- Parenting Plan: Used in cases involving minor children, this document specifies the custody and visitation arrangements. It is similar to the Florida Divorce Decree in that both address the welfare of children, but the Parenting Plan focuses specifically on parenting arrangements rather than the divorce itself.
- Final Judgment of Dissolution of Marriage: This document officially concludes the divorce process, similar to the Florida Divorce Decree. It reflects the court's final decisions regarding the dissolution of marriage, including any orders related to child custody, support, and asset division.
Dos and Don'ts
When filling out the Florida Divorce Decree form, there are several important guidelines to follow. Here’s a list of what you should and shouldn’t do:
- Do ensure that you and your spouse have lived in Florida for at least six months before filing.
- Do type or print the form clearly in black ink.
- Do sign the form in front of a notary public or deputy clerk before filing.
- Do keep a copy of the completed form for your records.
- Don't leave any sections of the form blank; ensure all required information is filled out.
- Don't forget to notify your spouse of the petition; proper service is crucial.
- Don't ignore deadlines, such as the 20 days your spouse has to respond after being served.
- Don't overlook the requirement to file additional forms if you are requesting child support or alimony.
Misconceptions
Misconceptions about the Florida Divorce Decree form can lead to confusion during the divorce process. Here are five common misconceptions:
- Only attorneys can file for divorce. Many believe that only legal professionals can handle divorce proceedings. In reality, self-represented individuals can file using the appropriate forms, including the Florida Divorce Decree form.
- Filing electronically is mandatory for everyone. Some think that all individuals must file their documents electronically. However, while electronic filing is encouraged, self-represented litigants have the option to file by traditional means if they prefer.
- Child support is automatically granted. There is a misconception that child support will always be awarded without any request. In fact, one must explicitly request child support in the petition, and it is determined based on guidelines that consider both parents' incomes and time-sharing arrangements.
- All assets will be split equally. Many assume that marital assets are divided equally. Florida law requires an equitable distribution, which may not always mean a 50/50 split. The court considers various factors to determine a fair distribution.
- Alimony is guaranteed. Some people believe that alimony will be granted in every divorce case. Alimony is not automatic; it must be requested in writing, and the court evaluates the need and ability to pay before making a decision.
Key takeaways
The Florida Divorce Decree form is necessary when filing for a dissolution of marriage involving dependent or minor children, or if a spouse is pregnant. Ensure that either you or your spouse has lived in Florida for at least six months before filing.
After completing the form, it must be signed before a notary public or deputy clerk. The original should be filed with the clerk of the circuit court in your county, while you keep a copy for your records.
Proper notification of your spouse is crucial for the case to proceed. If you know your spouse's location, personal service is preferred. If not, constructive service may be used, but it may limit the relief the court can grant.
Understanding the implications of child support, alimony, and asset distribution is vital. Florida law mandates equitable distribution of marital assets, and both parents are responsible for child support based on established guidelines.