Florida Form 12.901a

Petition for Simplified Dissolution of Marriage

Form 12.901a: Instructions for Florida Family Law Rules of Procedure Form 12.901(a), Petition for Simplified Dissolution of Marriage.

Petition For Simplified Dissolution of Marriage When should this form be used?

Form 12.901a 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 in Florida.

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If you do not meet the form 12.901a criteria above, you must file a regular petition for dissolution of marriage, Form 12.901b3 or one of the other approved Florida dissolution of marriage forms.

This petition, should be typed or printed in black ink. Each of you must sign the form 12.901a petition in the presence of a deputy clerk (in the clerk’s office), although you do not have to go into the clerk’s office at the same time.

You will need to provide picture identification (valid driver’s license or official identification card) for the clerk to witness your signatures.

What should I do next?

1. After completing form 12.901a, 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.

   In addition to this petition, form 12.901a, you must file the forms listed below.

   • Financial Affidavit, Florida Family Law Rules of Procedure Form 12.902(b) or (c). Each of you must complete a separate financial affidavit.

   • Notice of Social Security Number, Florida Supreme Court Approved Family Law Form 12.902(j). Each of you must complete a separate notice.

   • Marital Settlement Agreement, Florida Family Law Rules of Procedure Form 12.902(f)(3)). You will complete one agreement together.

2. You must prove to the court that the husband and/or wife has (have) lived in Florida for more than 6 months before filing the petition for dissolution of marriage.

   Residence can be proved by:

   • a valid Florida driver’s license, Florida identification card, or voter registration card issued to one of you at least 6 months prior to filing for dissolution of marriage; or

   • the testimony of another person who knows that either you or your spouse has resided in Florida for more than 6 months and is available to testify in court; or

   • an affidavit. To prove residence by affidavit, use an Affidavit of Corroborating Witness, Florida Supreme Court Approved Family Law Form 12.902(i).

     This form must be signed by a person who knows that either you or your spouse has lived in Florida for more than 6 months before the date that you filed the petition for dissolution of marriage.

     This affidavit may be signed in the presence of the clerk of the court or in the presence of a notary public, who must affix his or her seal at the proper place on the affidavit.

3. You must pay the appropriate filing fees to the clerk of the circuit court for a form 12.901a Simplified Dissolution of Marriage.

   If you and your spouse cannot afford to pay the filing fees, you may fill out an Application for Determination of Civil Indigent Status, and file it with your petition for dissolution of marriage.

   You may obtain this form from the clerk and he or she will determine whether you are eligible to have filing fees waived.

4. Either you or the clerk of court will need to complete a civil cover sheet found in Form 1.997 of the Florida Rules of Civil Procedure. The clerk’s office can provide this form.

5. You must obtain a date and time for a court appearance from the clerk of court. On that date, you and your spouse must appear together before a judge.

   You should complete a Final Judgment of Simplified Dissolution of Marriage, Florida Family Law Rules of Procedure Form 12.990(a), and bring it with you to the hearing.

   At that time, if all of the papers are in order, the judge may grant a final judgment dissolving your marriage under simplified dissolution of marriage procedures by signing the final judgment which you have provided.

6. If you fail to complete this procedure for form 12.901a, the court may dismiss the case to clear its records.

Where can I look for more information?

Before proceeding with your form 12.901a Simplified Dissolution of Marriage, you should read General Information for Self-Represented Litigants found at the beginning of these forms.

Download General Information for Self-represented Litigants.

The words that are in “bold underline” in these instructions are defined there. For further information, see chapter 61, Florida Statutes, and Rule 12.105, Florida Family Law Rules of Procedure.

Special notes

Remember, a person who is NOT an attorney is called a nonlawyer. If a nonlawyer helps you fill out these forms, that person must give you a copy of a Disclosure from Nonlawyer, Florida Family Law Rules of Procedure Form 12.900(a), before he or she helps you.

A nonlawyer helping you fill out these forms also must put his or her name, address, and telephone number on the bottom of the last page of every form he or she helps you complete.

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