The Florida Divorce Decree form, specifically known as Florida Supreme Court Approved Family Law Form 12.901(b)(1), is a crucial document for those seeking a dissolution of marriage in Florida, particularly when dependent or minor children are involved, or a spouse is pregnant. It outlines the requirements for filing, including residency and the necessary steps to notify your spouse about the divorce petition. Ensuring accuracy and completeness when filling out this form is essential for the legal process to proceed smoothly.
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Navigating through a divorce in Florida involves a series of legal steps and documentation, one of the most critical being the Florida Divorce Decree form, officially known as the Florida Supreme Court Approved Family Law Form 12.901(b)(1), Petition for Dissolution of Marriage with Dependent or Minor Child(ren). This document is essential for couples who are seeking to dissolve their marriage and have dependent or minor children together, or when a spouse is pregnant. The form lays the foundation for addressing crucial aspects such as child custody, child support, alimony, and the distribution of marital assets and liabilities. It mandates residency requirements, outlines necessary steps for filing and serving the petition, and guides petitioners on proceeding with the case, whether it's contested, uncontested, or defaults after the non-filing spouse fails to respond. Additionally, it delves into specifics like e-filing, e-service, confidentiality for victims of violence, financial affidavits for child support calculations, requirements for a parenting course, and more, all aimed at ensuring the welfare of children and fairness in the division of responsibilities post-divorce. The comprehensive nature of this form and its instructions significantly impact the dissolution process, making it imperative for parties to carefully follow the guidelines to ensure a smooth legal transition during this challenging life event.
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 E-FILING
The Florida Rules of Judicial Administration now require that all petitions, pleadings, and documents be filed electronically except in certain circumstances. Self-represented litigants may file petitions or other pleadings or documents electronically; however, they are not required to do so. If you choose to file your pleadings or other documents electronically, you must do so in accordance with Florida Rule of Judicial Administration 2.525, and you must follow the procedures of the judicial circuit in which you file.
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 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.
IMPORTANT INFORMATION REGARDING E-SERVICE ELECTION
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 (e-mail) except in certain circumstances. You must strictly comply with the format requirements set forth in the Rules of Judicial Administration. If you elect to participate in electronic service, which means serving or receiving pleadings by electronic mail (e-mail), or through the Florida Courts E-Filing Portal, you must review Florida Rule of Judicial Administration 2.516. You may find this rule at www.flcourts.org through the link to the Rules of Judicial Administration provided under either Family Law Forms: Getting Started, or Rules of Court in the A-Z Topical Index.
SELF-REPRESENTED LITIGANTS MAY SERVE DOCUMENTS BY E-MAIL; HOWEVER, THEY ARE NOT REQUIRED TO DO SO. If a self-represented litigant elects to serve and receive documents by e-mail, the procedures must always be followed once the initial election is made.
To serve and receive documents by e-mail, you must designate your e-mail addresses by using the Designation of Current Mailing and E-mail Address, Florida Supreme Court Approved Family Law Form 12.915, and you must provide your e-mail address on each form on which your signature appears. Please CAREFULLY read the rules and instructions for: Certificate of Service (General), Florida Supreme Court Approved Family Law Form 12.914; Designation of Current Mailing and E-mail Address, Florida Supreme Court Approved Family Law Form 12.915; and Florida Rule of Judicial Administration 2.516.
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 Time-Sharing. If you and your spouse are unable to agree on parenting arrangements and a time-sharing schedule, a judge will decide for you as part of establishing a Parenting Plan. The judge
will decide the parenting arrangements and time-sharing 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 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 Time-Sharing
No contact
Parenting Plan
Parenting Plan Recommendation
Time-Sharing Schedule
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, bridge-the-gap alimony, durational alimony, , and/or rehabilitative alimony. If alimony is awarded, the judge may order periodic payments, payments in lump sum, or both.
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, time-sharing, 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 time-sharing with child(ren), temporary child support, or temporary alimony, you may file a Motion for Temporary Support and Time-Sharing with Dependent or Minor Child(ren), 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), 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), Safety-Focused Parenting Plan, Florida Supreme Court Approved Family Law Form 12.995(b), or Relocation/Long- Distance Parenting Plan, Florida Supreme Court Approved Family Law Form 12.995(c), which addresses the time-sharing schedule for the child(ren). If you have not reached an agreement, a proposed Parenting Plan may be filed. If the parties are unable to agree, a Parenting Plan will be established by the court.
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.
IN THE CIRCUIT COURT OF THE
JUDICIAL CIRCUIT,
IN AND FOR
COUNTY, FLORIDA
Case No.:
Division:
In re: The Marriage of:
______________________________,
Petitioner,
and
_______________________________,
Respondent.
PETITION FOR DISSOLUTION OF MARRIAGE WITH
DEPENDENT OR MINOR CHILD(REN)
I, {full legal name}
, the
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:
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:
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.
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.
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, bridge-the-gap, durational, rehabilitative, and/or lump sum):
.
3._____Other provisions relating to alimony, including any tax treatment and consequences:
______________________________________________________________________________.
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 TIME-SHARING
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 Time-Sharing. It is in the best interests of the child(ren) that the family be ordered to comply with a Parenting Plan that _____ includes _____ does not include parental time- sharing with the child(ren). For purposes of a Parenting Plan, the Petitioner will be referred to as {name or designation}____________________, and the Respondent will be referred to as {name or designation}_________________________________. The Petitioner states that it is in the best interests of the child(ren) that:
{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 time-sharing with both parents as follows: __________________
_____________________________________________________________________
____________________________________________________________________________
(_____ 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 time-sharing for Parent _____________
____ Limited time-sharing with Parent __________
____ Supervised Time-Sharing for Parent ___________Parent___________;
____ Supervised or third-party exchange of the child(ren).
____ Explain:
4.Explain why this request is in the best interests of the child(ren):
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:
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 one-half}.
d.____according to the percentages in the Child Support Guidelines Worksheet, Florida Family Law Rules of Procedure Form 12.902(e).
e.____Other {explain}: __________________________________________________________
Filling out the Petition for Dissolution of Marriage with Dependent or Minor Child(ren) is a crucial step for individuals looking to dissolve their marriage in Florida, especially when children are involved. This document outlines the necessary details about both parties, their children, and the specifics of the divorce, including childcare, support, and the division of assets and liabilities. Ensuring that this form is completed accurately and thoroughly is essential for the divorce process to proceed smoothly and in accordance with Florida law. Below are step-by-step instructions to assist you in filling out the form correctly. Remember, each section must be filled out with due diligence to reflect the specifics of your circumstances.
Completing and filing the Petition for Dissolution of Marriage with Dependents or Minor Child(ren) is a foundational step in the divorce process. It's advisable to follow the included instructions closely and consult with an attorney if you face uncertainties at any stage. Following these steps diligently will help ensure your submission is thorough and adheres to Florida's legal requirements, thereby facilitating a smoother progression through the legal system.
What is the purpose of the Florida Supreme Court Approved Family Law Form 12.901(b)(1)?
This form is designed for individuals seeking a dissolution of marriage (divorce) in Florida when they have a dependent or minor child(ren) together, or when one spouse is pregnant. It outlines the legal process and requirements for filing for divorce under these circumstances.
Who needs to use this form?
Individuals who are filing for divorce in Florida and have dependent or minor children with their spouse or are expecting a child with their spouse must use this form. At least one of the spouses must have lived in Florida for a minimum of six months prior to filing.
How should this form be completed and filed?
The form must be typed or printed in black ink, then signed in front of a notary public or deputy clerk. The original should be filed with the clerk of the circuit court in the county where the petitioner lives, and a copy should be kept for personal records.
What are the next steps after filing the petition for dissolution of marriage?
After filing, the petitioner must properly notify their spouse of the petition, usually through personal service. If the spouse's whereabouts are unknown, constructive service may be used, but this limits the relief the court can grant. Special rules apply if the spouse is in military service.
What happens if my spouse does not respond to the petition?
If your spouse does not file an answer within 20 days of service, you may file a Motion for Default. After filing the required documents, contact the clerk or family law staff to set a final hearing, and notify your spouse of this hearing.
What if my spouse and I agree on the terms of our divorce?
If your spouse agrees with everything in your petition or files an answer and waiver, and after completing all mandatory disclosures and paperwork, you can set a final hearing. Notify your spouse of the hearing to proceed with an uncontested divorce.
What happens in the case of a contested divorce?
If your spouse disagrees with any part of the petition and you cannot settle the disputes, you must file a Notice for Trial after mandatory disclosures and completing the required paperwork. Some circuits may require mediation before setting a final hearing.
Is there financial support required for the children?
Yes, both parents are obligated to provide financial support for their minor or dependent children. The court may order one parent to pay child support to the other, determined using the Child Support Guidelines Worksheet based on both parents' incomes and contributions.
Can I request alimony in the divorce process?
Yes, alimony may be requested if one spouse demonstrates a need for financial support and the other has the ability to pay. It must be requested in writing in the original petition, and the court may award various types of alimony depending on the circumstances.
Filling out the Florida Divorce Decree form, officially known as Florida Supreme Court Approved Family Law Form 12.901(b)(1), is a critical step towards legally ending a marriage in the state. However, several common mistakes can complicate or even delay the divorce process. Awareness and avoidance of these errors can make the journey smoother for everyone involved.
One often overlooked aspect is failing to meet residency requirements. At least one spouse must have lived in Florida for a minimum of 6 months before filing. Overlooking this detail can result in a petition being dismissed, necessitating a restart of the whole process.
Incorrectly filling out personal information is another common pitfall. This includes errors in names, addresses, and especially in listing all dependent or minor children. Such inaccuracies can lead to significant issues down the line, potentially affecting custody arrangements and support obligations.
Neglecting to fully disclose financial information can not only delay proceedings but also impact decisions on child support, alimony, and the division of assets and liabilities. Both parties are required to submit a detailed financial affidavit, and failing to do so can be seen as non-compliance with court requirements.
Many individuals mistakenly believe they don’t need to detail a parenting plan if they agree on custody and visitation arrangements. Regardless of an agreement, a comprehensive parenting plan must be submitted for court approval, outlining decision-making authority, living arrangements, and how parenting responsibilities will be shared.
Another common mistake is not filing the required Child Support Guidelines Worksheet when child support is requested. This oversight can lead to delays, as the court needs this document to make informed decisions regarding support amounts based on the combined income of both parents.
Individuals often forget or choose not to file a Marital Settlement Agreement. When spouses agree on the terms of their divorce, this document can expedite the process. Without it, the case is considered contested, leading to potential delays as the court decides on the division of property, alimony, and other matters.
Failure to properly notify the other spouse about the divorce filing can bring the process to a halt. Whether through personal service, constructive service, or service by publication when the spouse's whereabouts are unknown, legal requirements for notification must be strictly followed.
Incorrectly handling the requirement for a parenting course is another stumbling block. In Florida, divorcing parents must complete a court-approved parenting course before a divorce is finalized. Failure to do so can prevent the finalization of the divorce.
Many individuals also neglect to consider the need for temporary orders. If necessary, motions for temporary support, child custody, or alimony should be filed early in the process to provide needed financial support or establish temporary parenting arrangements.
Last but not least, electing to participate in electronic service without following the proper procedures can lead to issues with the submission and receipt of documents. It’s crucial to understand and comply with Florida Rule of Judicial Administration 2.516 if choosing to serve documents electronically.
Avoiding these common errors requires attention to detail and a thorough understanding of the divorce process in Florida. It’s often beneficial to consult with an attorney to ensure compliance with all legal requirements and to safeguard one’s interests throughout the divorce proceedings.
When navigating the complexities of divorce proceedings, especially in the state of Florida, it's vital to be well-prepared with all necessary documentation. The Florida Divorce Decree form is an essential document but it is often accompanied by several other forms and documents throughout the process. Understanding each document's purpose will streamline the legal process, making it less daunting.
In sum, these documents play a critical role in the divorce process in Florida, especially when minor children or financial disputes are involved. As each form serves a significant purpose, from detailing financial aspects to outlining child custody arrangements, having a comprehensive understanding and ensuring accurate completion of these documents facilitate a smoother legal journey toward divorce resolution.
The Marital Settlement Agreement for Dissolution of Marriage with Dependent or Minor Children, Florida Supreme Court Approved Family Law Form 12.902(f)(1), shares significant similarities with the Florida Divorce Decree form. Both documents are integral in detailing the agreements reached between divorcing parties, particularly when minor children are involved. Each serves to officially document the terms of the divorce, including arrangements for child support, parenting plans, division of assets and liabilities, and, if applicable, spousal support. The key purpose of these forms is to formalize the dissolution of marriage, ensuring that all agreements meet legal standards and are in the best interest of the children.
The Parenting Plan, Florida Supreme Court Approved Family Law Form 12.995(a), (b), or (c), is another document that closely aligns with the Florida Divorce Decree form. The Parenting Plan is essential for outlining how divorcing spouses will share responsibilities and time with their children. Similar to the Florida Divorce Decree form, it addresses the child(ren)'s welfare, setting out details on shared parental responsibility, time-sharing schedules, and how parents will communicate about child-related matters. Both documents are geared towards providing a stable and nurturing environment for children post-divorce.
The Uniform Child Custody Jurisdiction and Enforcement Act (UCCJEA) Affidavit, Florida Supreme Court Approved Family Law Form 12.902(d), also parallels the Florida Divorce Decree form in its focus on child welfare in divorce proceedings. This affidavit is necessary when determining a court's jurisdiction over child custody issues, requiring detailed information about the child(ren)'s residence history. Similar to the divorce decree, it plays a crucial role in the overall process of ensuring decisions are made in the best interest of the child(ren), especially in cases that may involve interstate custody considerations.
Lastly, the Family Law Financial Affidavit, Florida Family Law Rules of Procedure Form 12.902(b) or (c), is akin to the Florida Divorce Decree form as it is pivotal in divorce proceedings involving financial determinations such as child support, alimony, and the division of marital assets and liabilities. This affidavit provides a comprehensive overview of a party's financial status, which is essential for making informed decisions about financial obligations and rights post-divorce. Both the financial affidavit and the divorce decree work in tandem to ensure a fair and equitable resolution of financial matters, reflecting each party's financial capability and the needs of the children involved.
Filling out the Florida Divorce Decree form, officially known as the Florida Supreme Court Approved Family Law Form 12.901(b)(1), is a critical step for individuals seeking a dissolution of marriage, particularly when minor children or dependents are involved. To navigate this process smoothly, it's essential to be aware of a set of do's and don'ts.
Do's:
Don'ts:
Approaching the divorce process with diligence and attention to these do's and don'ts can help ease your journey through this challenging legal procedure.
There are several common misconceptions about divorce, specifically concerning the Florida Divorce Decree form. Here are six of the most prevalent misunderstandings:
Understanding the intricacies of the Florida Divorce Decree form and process helps in aligning expectations with the legal realities, thus ensuring a smoother process during such a challenging time.
Filing for a dissolution of marriage, particularly when minor children are involved, necessitates a thorough understanding of the process and compliance with specific requirements. The Florida Supreme Court Approved Family Law Form 12.901(b)(1) offers a structured guide for individuals navigating through this legal procedure. Below are key takeaways to help ensure a smooth process:
Understanding and properly handling these aspects of the divorce process can significantly impact the proceedings' efficiency and outcome. Considering the legal and logistical complexities, consulting with an attorney could provide additional guidance tailored to one's specific situation.
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