Florida Dissolution of Marriage

Instructions For Florida's Simplified Divorce Form

Dissolution of Marriage in Florida: INSTRUCTIONS FOR FLORIDA FAMILY LAW RULES OF PROCEDURE FORM 12.901(a)

Petition For Simplified Dissolution of Marriage

When should this Florida dissolution of marriage 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 of marriage in Florida.

You may file a simplified Florida dissolution of marriage 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 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.

• Neither you nor your spouse wish to have any financial information other than that provided in the financial affidavits.

• 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 a petition for dissolution of marriage.

INSTRUCTIONS FOR FLORIDA SUPREME COURT APPROVED FAMILY LAW FORM 12.901(b)(1)

Petition For Dissolution of Marriage With Dependent or Minor Children

When should this Florida dissolution of marriage 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 Florida dissolution of marriage form if the following is true:

• You and your spouse have a dependent or minor child(ren) together or the wife is pregnant.

INSTRUCTIONS FOR FLORIDA SUPREME COURT APPROVED FAMILY LAW FORM 12.901(b)(2)

Petition For Dissolution of Marriage With Property But No Dependent or Minor Children

When should this Florida dissolution of marriage form be used? This form may be used when a husband or wife is filing for a dissolution of marriage, and the husband and wife have marital assets and/or marital liabilities but they do not have any dependent children nor is the wife is now pregnant. You and/or your spouse must have lived in Florida for at least 6 months before filing for a dissolution in Florida.

If you and your spouse agree on all issues and both can attend the hearing, you may want to file a Florida simplified dissolution of marriage petition, Florida Family Law Rules of Procedure Form 12.901(a).

However, you cannot file for a Florida simplified dissolution of marriage if any of the following are true:

• You disagree about property, debts, or other matters and wish to have a judge settle them for you.

• Either you or your spouse is seeking support (alimony).

• You would like to ask questions and get documents concerning your spouse’s income, expenses, assets, debts, or other matters before having a trial or settlement.

• You would like to reserve your rights to have any matters reconsidered or appeal the judge’s decision.

INSTRUCTIONS FOR FLORIDA SUPREME COURT APPROVED FAMILY LAW FORM 12.901(b)(3)

Petition For Dissolution of Marriage With No Dependent Minor Children or Property

When should this Florida dissolution of marriage form be used? This form may be used when a husband or wife is filing for a Florida dissolution of marriage, and the husband and wife have no marital assets and/or marital liabilities and they do not have any dependent children nor is the wife is now pregnant. You and/or your spouse must have lived in Florida for at least 6 months before filing for a Florida dissolution of marriage.

If you and your spouse agree on all issues and both can attend the hearing, you may want to file a Florida simplified dissolution of marriage petition, Florida Family Law Rules of Procedure Form 12.901(a).

However, you may file this form if all of the following are true:

• You have no marital assets or marital debts.

• Neither you nor your spouse is seeking support (alimony).

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