Florida Divorce Form 12.901b1

Divorce With Children Form Instructions

Florida 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.

Petition for Dissolution of Marriage with Children

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If this is not the form for you, see the following related Florida divorce forms pages:

Simplified Dissolution of Marriage - Uncontested

Dissolution of Marriage - No Property or Children

Dissolution of Marriage - With Property No Children

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.

Required and Supporting Forms to File

With this Florida divorce form, you must also file the following:

• Uniform Child Custody Jurisdiction and Enforcement Act (UCCJEA) Affidavit.

• Child Support Guidelines Worksheet - 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 his or her financial affidavit has been served on you.

• Affidavit of Corroborating Witness OR photocopy of current Florida driver’s license, Florida identification card, or voter’s registration card.

• Marital Settlement Agreement for Dissolution of Marriage with Dependent or Minor Children - if you and your spouse have reached an agreement on any or all of the issues.

• Notice of Social Security Number.

• Family Law Financial Affidavit - This must be filed within 45 days of service of the petition on the respondent, if not filed at the time of the petition.

• Certificate of Compliance with Mandatory Disclosure - This must be filed within 45 days of service of the Florida divorce form 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)or Supervised/Safety Focused Parenting Plan, Form 12.995(b). 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 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.

Service of Process in Florida

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.

However, if constructive service is used, other than granting a divorce, the court may only grant limited relief... If your spouse is in the military service of the United States, additional steps for service may be required...

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.

For more information about constructive service, limitations, and related free Florida divorce forms, see our page on diligent searches and constructive service.

What Happens After Personal Service?

Attach a copy of the filed divorce petition to the Summons for Personal Service and the Process Service Memorandum (see instructions for these free Florida divorce forms).

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:

• DEFAULT
  If after 20 days, your spouse has not filed an answer, you may file a Motion for Default and call the Clerk of the Circuit Court where you filed your petition to set a Final Hearing.

  You must notify your spouse of the hearing by using a Notice of Hearing (General) or other appropriate notice of hearing form by mail or hand delivery.

• UNCONTESTED
  If the respondent 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 call the clerk to set a final hearing.

  You must notify your spouse of the hearing by using a Notice of Hearing (General) or other appropriate notice of hearing form by mail or hand delivery.

• CONTESTED
  If the respondent files an answer OR an answer and counter-petition, 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, 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 the respondent files an answer and counter-petition, you should answer the counter-petition within 20 days using an Answer to Counter-Petition.

Florida Divorce Law Terms

Listed below are some terms with which you should become familiar before completing your Florida divorce form petition.

• Shared Parental Responsibility
• Sole Parental Responsibility
• Rotating Custody
• Primary Residential Responsibility
• Secondary Residential Responsibility
• Reasonable visitation
• Specified visitation
• Supervised visitation
• No contact

The Florida Bar publishes consumer pamphlets with lots of helpful information about Divorce In Florida and Shared Parenting After Divorce.

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.

Florida Child Support

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.

If you are requesting custody or primary residential responsibility for the child(ren), you should request child support in your petition. 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. 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.

Florida Alimony

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.

If you do not request alimony in writing before the final hearing, it is waived (you may not request it later). You may request either permanent alimony, lump sum alimony, or rehabilitative alimony.

Florida Marital & Non-Marital 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, 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.

TEMPORARY RELIEF

If you need temporary relief regarding temporary use of assets, temporary responsibility for liabilities, parental responsibility and visitation with children, temporary child support, or temporary alimony, you may file a Motion for Temporary Support with Dependent or Minor Children, free Florida divorce form 12.947(a). For more information, see the instructions for that form.

Florida 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 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.

Florida Final Judgment - Dissolution of Marriage

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.

Is there anything else I should know?

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.

How Can Florida Court Forms Help?

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