Florida Divorce Forms

Dissolution of Marriage Forms in Florida

Choosing the Right Florida Divorce Forms & Procedures

A question we get asked frequently from our do-it-yourself customers is which divorce form should I choose?

The easiest way to select from the five Florida courts' approved dissolution of marriage forms is to split them into two separate categories.

The first forms category is Divorce With Children and the second is Divorce With No Children. Which one of these is right for you?

Florida Legal Document Preparer

How to Choose the Right Divorce Form

Now that you've narrowed your choices, its easy to pick the right divorce form...

Dissolution of Marriage With Children

If there are common children, children of the marriage or if the wife is now pregnant, you have two choices.  They are:

Dissolution of Marriage With Children,

Dissolution of Marriage With Children and Relocation

NOTE: Children of the Marriage means any children born to the wife during the marriage even if the husband is not the biological father or they were not living together at the time.

Dissolution of Marriage Without Children

If you have no children together or children born of the marriage and the wife is not pregnant, you have three choices. These are:

Simplified Dissolution of Marriage

Dissolution of Marriage With No Children or Property

Dissolution of Marriage With Property But No Children

The General Information Guide

As a do it yourself divorce filer, the first thing we recommend that you do is read the General Information for Self-Represented Litigants Guide, published by the Florida State Courts.

In it you'll find definitions of common legal terms, how to communicate with the court, and how to fill out the approved forms.

Download the Pro Se General Info Guide here.


Simplified Dissolution of Marriage

Florida Simplified Divorce Form

Petition For Simplified Dissolution of Marriage

Florida's Simplified Dissolution of Marriage forms and procedure were published to help pro se spouses with no children that are in agreement with all issues and want a divorce.

Filing Requirements

Residency - At least one of you must have lived in Florida for the past 6 months,

Agreement that the marriage cannot be saved (irretrievably broken),

There are no dependent or minor children and the wife is not pregnant,

You have both agreed on how to split your assets and debts and are satisfied with Financial Disclosure,

You have both agreed to go to the Clerk of Court to sign and file your documents, and

You will both attend the Final Hearing and are willing to give up the right to trial and appeal.

It is also commonly known as the Florida Uncontested Divorce.

In practice, however, for many it is not a viable option because of one or more of the filing requirements for this type of Florida divorce.

For instance, the requirement for both parties to be present at the final hearing disqualifies many who would otherwise be eligible to file this Florida divorce form.

Or, there may be an issue or two that you have not agreed to and you would like to have it resolved in court.

Instead, many decide not to file the Simplified divorce petition and opt to file a regular Divorce With No Children or the Divorce With Property petitions.

The Simplified Florida Divorce form is used when the parties do not have dependent or minor children AND all other issues such as property and debts have been agreed upon.

This agreement must be included in a Marital Settlement Agreement, form 12.902(f)(3).

The official name of this form is Petition for Simplified Dissolution of Marriage, Florida Family Law Form 12.901(a).

Step By Step Instructions Form 12-901a

Form 12.901(a)

For help with this form, click on the pic to the left to go to our Florida Simplified Dissolution of Marriage Do It Yourself page.

Our DIY step by step instruction pages are very popular with Pro Se filers.

They include links to the supporting forms and to the applicable Florida statutes.

The Petition for Simplified Dissolution of Marriage step by step instructions make it easier for you to prepare your forms on your own. Do it Yourself Instructions

Divorce - No Children or Property

Divorce With No Children Form

Petition For Dissolution of Marriage With No Children or Property

The Divorce With No Children petition is similar to the Simplified Dissolution of Marriage mentioned above.

Filing Requirements

Residency - At least one of you must have lived in Florida for the past 6 months,

Agreement that the marriage cannot be saved (irretrievably broken),

There are no dependent or minor children and the wife is not pregnant,

You have no marital assets or debts, and,

Neither of you are asking for alimony.

The most important requirements for this Florida divorce form is that there are no minor or dependent children of the marriage, and that there are no assets or liabilities.

Unlike the Simplified Divorce, the Petition for Dissolution of Marriage with no Property or Minor Children does not require a Marital Settlement Agreement.

Also, there is no requirement that both parties appear together at the clerk's office when filing or at the final hearing.

Several accompanying Florida divorce forms are also required to properly file this petition.

The official name of this Florida divorce form is the Petition for Dissolution of Marriage with No Dependent or Minor Children or Property, Florida Family Law Form 12.901(b)(3).

Do It Yourself Instructions Form 12.901b3

Form 12.901(b)(3)

For help with this form, click on the pic to the left to go to our Florida Divorce With No Children Do It Yourself page.

Our DIY step by step instruction pages are very popular with Pro Se filers.

They include links to the supporting forms and to the applicable Florida statutes.

The Petition for Dissolution of Marriage with No Dependent or Minor Children or Property step by step instructions make it easier for you to prepare your forms on your own.
Do it Yourself Instructions

Dissolution of Marriage With Children

Divorce With No Children Form 12.901(b)(1)

Petition For Dissolution of Marriage With Children

Any divorce that involves minor or dependent children of the marriage or if the wife is currently pregnant requires this Florida divorce form petition.

Filing Requirements

Residency - At least one of you must have lived in Florida for the past 6 months, and

You have dependent or minor children together or the wife is now pregnant.

As you can see, the filing requirements are pretty straightforward.

The only exception is when there will be a relocation with the children of more than 50 miles.

The Dissolution of Marriage With Children and Relocation may be the correct form to file. See Below

Several accompanying Florida divorce forms are also required to properly file this petition.

Note also that it is now mandatory in Florida for the parties to attend a parenting class before the divorce becomes final.

The official name of this Florida divorce form is the Petition for Dissolution of Marriage with Dependent or Minor Children, Florida Family Law Form 12.901(b)(1).

Step By Step Instructions Form 12-901b1

Form 12.901(b)(1)

For help with this form, click on the pic to the left to go to our Florida Divorce With Children Do It Yourself page.

Our DIY step by step instruction pages are very popular with Pro Se filers.

They include links to the supporting forms and to the applicable Florida statutes.

The Petition for Dissolution of Marriage with Dependent or Minor Children step by step instructions make it easier for you to prepare your forms on your own.
Do it Yourself Instructions

Divorce With Property, No Children

Divorce With Property & No Children Form

Petition For Dissolution of Marriage With Property No Children

This is the Florida divorce form for spouses without children but with property and/or liabilities to divide.

Filing Requirements

Residency - At least one of you must have lived in Florida for the past 6 months,

Agreement that the marriage cannot be saved (irretrievably broken),

There are no dependent or minor children and the wife is not pregnant,

AND if any of the following is true:

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 cannot agree on how to split marital assets or debts, or

One of you is asking for alimony.

Some filers who would qualify for the Simplified Divorce but do not want to appear at a Final Hearing together opt for this divorce process instead.

If alimony is being sought, or you cannot agree on how to split the marital assets and debts, this form can be used.

Also, use this form if one spouse is seeking financial discovery from the other spouse.

Several accompanying Florida divorce forms are also required to properly file this petition.

The official name of this Florida divorce form is the Petition for Dissolution of Marriage with Property but No Dependent or Minor Children, Florida Family Law Form 12.901(b)(2).

Step By Step Instructions Form 12-901b2

Form 12.901(b)(2)

For help with this form, click on the pic to the left to go to our Florida Divorce With Property & No Children Do It Yourself page.

Our DIY step by step instruction pages are very popular with Pro Se filers.

They include links to the supporting forms and to the applicable Florida statutes.

The Petition for Dissolution of Marriage with Property but No Dependent or Minor Children step by step instructions make it easier for you to prepare your forms on your own.
Do it Yourself Instructions

Divorce With Children & Relocation

Divorce With Children & Relocation Form

Petition For Dissolution of Marriage With Children & Relocation

This Florida divorce form is used when your divorce involves minor or dependent children of the marriage and you plan on relocating with the children.

Filing Requirements

Residency - At least one of you must have lived in Florida for the past 6 months, and

You have dependent or minor children together or the wife is now pregnant.

AND

1. You plan to relocate your residence more than 50 miles; and

2.  The change of location is for at least 60 consecutive days.

Additionally, the place you are moving to is more than 50 miles from where you lived at the time of filing for divorce.

Also, the at least 60 consecutive days clause does not refer to a temporary absence because of vacation, education, or health care.

You can download this divorce form directly from the Florida Courts website. Here is the link.

As with the Divorce with Children petition, parenting classes are mandatory before the divorce becomes final.

Several accompanying Florida divorce forms are also required to properly file this petition.

The official name of this Florida divorce form is the Petition for Dissolution of Marriage With Dependent or Minor Children and Relocation, Florida Family Law Form 12.950(c).

Step By Step Instructions Form 12-950c

Form 12.950(c)

For help with this form, click on the pic to the left to go to our Florida Divorce With Children & Relocation Do It Yourself page.

Our DIY step by step instruction pages are very popular with Pro Se filers.

They include links to the supporting forms and to the applicable Florida statutes.

The Petition for Dissolution of Marriage with Dependent or Minor Children and Relocation step by step instructions make it easier for you to prepare your forms on your own.
Do it Yourself Instructions

More Florida Divorce Forms Pages

Divorce Records - Finding DOM Records in Florida

Divorce Questions - Answers to Divorce Forms Questions

Marital Settlement Agreement - How to Prepare an MSA



Legal Documents Preparation


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Article by Kenneth Diaz, Florida-Court-Forms.net © 2014

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