Florida Divorce Form 12.901b1
Divorce With Children Form InstructionsFlorida Divorce Form 12.901b1 Instructions and Procedures: Free Florida Divorce Forms 12.901b1, Dissolution of Marriage, With Children, Florida Family Law Form 12.901(b)1. Forms, description, help, and filing instructions.
Is this the right Florida divorce form for me?
You may use these free divorce forms, Dissolution of Marriage - with Children, when a husband or wife is filing for a divorce AND you have dependent or minor children together or the wife is pregnant.
You and/or your spouse must have lived in Florida for at least 6 months before filing.
You must file this Florida divorce form if you and your spouse have a dependent or minor child(ren) together or the wife is pregnant.
If this is not the form for you, see the following related Florida divorce forms pages:
This form should be typed or printed in black ink. After completing this form, you should sign the form before a notary public or a 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.
With this Florida divorce form, you must also file the following:
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 children’s best interests. Regardless of whether there is an agreement, the court reserves jurisdiction to modify issues relating to the minor children.
See our pages on Florida parenting plans.
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 children 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.
For your case to proceed, you must properly notify your spouse of the petition.
If you know where he or she lives, you should use personal service.
If you absolutely do not know where he or she lives, you may use constructive service. You may also be able to use constructive service if your spouse resides in another state or country.
Bring these Florida divorce forms to the Sheriff's department in the county where your spouse lives or works and pay the appropriate fee. You may use a certified Process Server to do the same thing.
Your spouse then has 20 days to answer the petition after being served.
Your case will then proceed in one of the following 3 ways:
Listed below are some terms with which you should become familiar before completing your Florida divorce form petition.
If you haven't done so already, please download the state's general information guide for the self represented. These legal terms and others are described in the General Information for Self-Represented Litigants.
If you do not fully understand any of the terms above or their implications, you should speak with an attorney before going any further. See our free legal resources page for more information.
The state of Florida has adopted guidelines that determine the amount of child support to be paid and should generally be adhered to when filing these Florida divorce forms.
You should request child support in your petition if you are requesting custody or primary residential responsibility for the children.
The court may order one parent to pay child support to assist the other parent in meeting the child(ren)’s material needs. Both parents are required to provide financial support, but one parent may be ordered to pay a portion of his or her support for the child(ren) to the other parent.
You must request alimony in writing in the original Florida divorce form petition or counter-petition.
Alimony may be awarded to a spouse if the judge finds that he or she needs it and that the other spouse has the ability to pay it. If you want alimony, you must request it in writing in the original petition or counterpetition.
Florida law requires "an equitable distribution of marital assets and marital liabilities." “Equitable” does not necessarily mean “equal.”
Many factors, including child support, custody, and alimony awards, may lead the court to make an unequal (but still equitable) distribution of assets and liabilities.
Non-marital assets and non-marital 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 non-marital, the judge will not consider it when distributing marital assets and liabilities.
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 Children.
Both of you must sign this Florida divorce form 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.
These Florida divorce forms contain a Final Judgment of Dissolution of Marriage with Dependent or Minor Children, 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 Children (Uncontested)
You should check with the clerk to see if you need to bring a Florida divorce form Final Judgment with you to the Final 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.
If you haven't done so already, you should read the General Information for Self-Represented Litigants guide.
For further information about Florida divorce forms, see chapter 61 of the Florida Statutes.
If you do not have the money to pay for the Florida divorce forms filing fee, you may obtain an Application for Determination of Civil Indigent Status. The clerk will determine whether you are eligible.
If this is a domestic violence case and you want to keep your address confidential for safety reasons, do not enter the address, telephone, and fax information at the bottom of this form.
Instead, file Petitioner’s Request for Confidential Filing of Address.
Uncontested Divorce Forms Combo
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