Florida Divorce Forms

Divorce - With Property - No Children

Is this the right Divorce Petition for me?

You may use these free Florida divorce forms, Dissolution of Marriage - with Property, when a husband or wife is filing for a divorce AND you have marital assets and/or liabilities AND you do not have any dependent children AND the wife is not now pregnant.

You and/or your spouse must have lived in Florida for at least 6 months before filing.

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

Simplified Dissolution of Marriage - Uncontested

Dissolution of Marriage - No Property or Children

Dissolution of Marriage - With Children

If you both agree on all issues and can attend the Final Hearing together, you may want to file a Simplified Dissolution of Marriage petition.

You cannot file for a 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.

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.

OK, now what do I do?

• 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 No Dependent or Minor Children if you 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 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.

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.

What is Personal Service?

Service means "giving a copy of the required papers to the other party using the procedure that the law requires." There are 4 ways to make service: personal service service by mail hand delivery constructive service Personal Service Personal service means that "a summons and a copy of the forms you are filing with the court that must be personally served are delivered by a deputy sheriff or private process server directly to the other party, or to someone over the age of fifteen with whom the other party lives." Personal service is required for all Florida divorce form petitions. You cannot serve these papers on the other party yourself or by mail or hand delivery. Personal service must be made by the sheriff’s department or by a certified private process server in the county where the other party lives or works.

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

Personal Service

Bring these 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.

Alimony

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.

Marital & Non-Marital Assets and Liabilities

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. For more information, see the instructions for that form.

Marital Settlement Agreement

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.

Final Judgment

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 Property but No 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?

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 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.

Download your forms.

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