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Download Florida Divorce Decree Form in PDF

The Florida Divorce Decree form is a legal document used to finalize the dissolution of marriage when one or both spouses have dependent or minor children. This form is essential for couples who wish to formally end their marriage and establish arrangements for child custody and support. To ensure a smooth process, it is important to fill out this form accurately and completely; you can begin by clicking the button below.

Contents

The Florida Divorce Decree form is a crucial document for individuals seeking to dissolve their marriage, particularly when dependent or minor children are involved. This form is specifically designed for couples who have children together or when one spouse is pregnant. Before filing, it is essential that either spouse has resided in Florida for at least six months. The process begins with the completion of the form, which must be typed or printed in black ink, and then signed before a notary public or deputy clerk. Once completed, the original must be filed with the circuit court clerk in the county of residence, while a copy should be retained for personal records. The form also outlines the importance of notifying the other spouse, known as the respondent, about the petition. Depending on the circumstances, service of the petition can be done personally or through constructive means if the spouse’s whereabouts are unknown. The form further details the subsequent steps based on the spouse's response, which can lead to a default, uncontested, or contested case. Additional requirements, such as financial disclosures and parenting plans, are also highlighted, ensuring that both parties understand their responsibilities and rights regarding child support, alimony, and asset distribution. Understanding these elements is vital for navigating the complexities of divorce proceedings in Florida.

Preview - Florida Divorce Decree Form

Instructions for Florida Supreme Court Approved Family Law Form 12.901(b)(1), Petition for Dissolution of

Marriage with Dependent or Minor Child(ren) (02/18)

INSTRUCTIONS FOR FLORIDA SUPREME COURT APPROVED FAMILY LAW

FORM 12.901(b)(1),

PETITION FOR DISSOLUTION OF MARRIAGE WITH DEPENDENT OR

MINOR CHILD(REN)

(02/18)

When should this form be used?

This form should be used when you are filing for a dissolution of marriage, and you and your spouse

have a dependent or minor child(ren) together, or a spouse is pregnant. You or your spouse must have

lived in Florida for at least 6 months before filing for a dissolution in Florida. You must file this form if the

following is true:

 You and your spouse have a dependent or minor child(ren) together or a spouse is pregnant.

This form should be typed or printed in black ink. After completing this form, you should sign the form

before a notary public or 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. Because you are filing the petition in this

proceeding, you may also be referred to as the petitioner and your spouse as the respondent.

IMPORTANT INFORMATION REGARDING E-FILING

The Florida Rules of Judicial Administration now require that all petitions, pleadings, and documents be

filed electronically except in certain circumstances. Self-represented litigants may file petitions or other

pleadings or documents electronically; however, they are not required to do so. If you choose to file

your pleadings or other documents electronically, you must do so in accordance with Florida Rule of

Judicial Administration 2.525, and you must follow the procedures of the judicial circuit in which you file.

The rules and procedures should be carefully read and followed.

What should I do next?

For your case to proceed, you must properly notify your spouse of the petition. If you know where your

spouse lives, you should use personal service. If you absolutely do not know where your spouse 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, which cannot include either spousal support (alimony) or child support.

For more information on constructive service, see Notice of Action for Family Cases with Minor

Child(ren), Florida Supreme Court Approved Family Law Form 12.913(a)(2), and Affidavit of Diligent

Search and Inquiry, Florida Family Law Rules of Procedure Form 12.913(c). If your spouse is in the military

service of the United States, additional steps for service may be required. See, for example,

Memorandum for Certificate of Military Service, Florida Supreme Court Approved Family Law Form

12.912(a) and Affidavit of Military Service, Florida Supreme Court Approved Family Law Form 12.912(b).

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.

Instructions for Florida Supreme Court Approved Family Law Form 12.901(b)(1), Petition for Dissolution of

Marriage with Dependent or Minor Child(ren) (02/18)

If personal service is used, your spouse has 20 days to answer after being served with your petition. Your

case will then generally proceed in one of the following three ways:

DEFAULT. If after 20 days, your spouse has not filed an answer, you may file a Motion for Default, Florida

Supreme Court Approved Family Law Form 12.922(a), with the clerk of court. Then, if you have filed all

of the required papers, you may contact the clerk, family law intake staff, or judicial assistant to set a

final hearing. You must notify your spouse of the hearing by using a Notice of Hearing (General), Florida

Supreme Court Approved Family Law Form 12.923, or other appropriate notice of hearing form.

UNCONTESTED. If your spouse 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 contact the clerk, family law intake staff, or judicial assistant to set a final hearing. You must notify

your spouse of the hearing by using a Notice of Hearing (General), Florida Supreme Court Approved

Family Law Form 12.923, or other appropriate notice of hearing form.

CONTESTED. If your spouse files an answer or an answer and counterpetition, 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, Florida Supreme Court Approved Family Law Form 12.924, 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 your spouse files an

answer and counterpetition, you should answer the counterpetition within 20 days using an Answer to

Counterpetition, Florida Supreme Court Approved Family Law Form 12.903(d).

Where can I look for more information?

Before proceeding, you should read General Information for Self-Represented Litigants found at the

beginning of these forms. The words that are in bold underline in these instructions are defined there.

For further information, see chapter 61, Florida Statutes.

IMPORTANT INFORMATION REGARDING E-SERVICE ELECTION

After the initial service of process of the petition or supplemental petition by the Sheriff or certified

process server, the Florida Rules of Judicial Administration now require that all documents required or

permitted to be served on the other party must be served by electronic mail (e-mail) except in certain

circumstances. You must strictly comply with the format requirements set forth in the Rules of Judicial

Administration. If you elect to participate in electronic service, which means serving or receiving pleadings

by electronic mail (e-mail), or through the Florida Courts E-Filing Portal, you must review Florida Rule of

Judicial Administration 2.516. You may find this rule at www.flcourts.org through the link to the Rules of

Judicial Administration provided under either Family Law Forms: Getting Started, or Rules of Court in the

A-Z Topical Index.

SELF-REPRESENTED LITIGANTS MAY SERVE DOCUMENTS BY E-MAIL; HOWEVER, THEY ARE NOT

REQUIRED TO DO SO. If a self-represented litigant elects to serve and receive documents by e-mail, the

procedures must always be followed once the initial election is made.

Instructions for Florida Supreme Court Approved Family Law Form 12.901(b)(1), Petition for Dissolution of

Marriage with Dependent or Minor Child(ren) (02/18)

To serve and receive documents by e-mail, you must designate your e-mail addresses by using the

Designation of Current Mailing and E-mail Address, Florida Supreme Court Approved Family Law Form

12.915, and you must provide your e-mail address on each form on which your signature appears. Please

CAREFULLY read the rules and instructions for: Certificate of Service (General), Florida Supreme Court

Approved Family Law Form 12.914; Designation of Current Mailing and E-mail Address, Florida Supreme

Court Approved Family Law Form 12.915; and Florida Rule of Judicial Administration 2.516.

Special notes...

If you do not have the money to pay the filing fee, you may obtain an Application for Determination of

Civil Indigent Status from the clerk, fill it out, and the clerk will determine whether you are eligible to have

filing fees deferred.

If you want to keep your address confidential because you are the victim of sexual battery, aggravated

child abuse, aggravated stalking, harassment, aggravated battery, or domestic violence, do not enter the

address, telephone, and fax information at the bottom of this form. Instead, file a Request for Confidential

Filing of Address, Florida Supreme Court Approved Family Law Form 12.980(h).

With this form, you must also file the following:

 Uniform Child Custody Jurisdiction and Enforcement Act (UCCJEA) Affidavit, Florida Supreme

Court Approved Family Law Form 12.902(d).

 Child Support Guidelines Worksheet, Florida Family Law Rules of Procedure Form 12.902(e), 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 your spouse’s financial affidavit has been

served on you.)

 Affidavit of Corroborating Witness, Florida Supreme Court Approved Family Law Form 12.902(i)

OR photocopy of current Florida driver’s license, Florida identification card, or voter’s registration

card (issue date of copied document must be at least six months before date case is actually filed

with the clerk of the circuit court).

 Marital Settlement Agreement for Dissolution of Marriage with Dependent or Minor Child(ren),

Florida Supreme Court Approved Family Law Form 12.902(f)(1), if you and your spouse have

reached an agreement on any or all of the issues.

 Notice of Social Security Number, Florida Supreme Court Approved Family Law Form 12.902(j).

 Family Law Financial Affidavit, Florida Family Law Rules of Procedure Form 12.902(b) or (c). (This

must be filed with the petition if the petitioner seeks to establish child support. Otherwise, it

must be filed within 45 days of service of the petition on the respondent.)

 Certificate of Compliance with Mandatory Disclosure, Florida Family Law Rules of Procedure

Form 12.932. (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.)

 Parenting Plan, Florida Supreme Court Approved Family Law Form 12.995(a), (b), or (c). 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

Instructions for Florida Supreme Court Approved Family Law Form 12.901(b)(1), Petition for Dissolution of

Marriage with Dependent or Minor Child(ren) (02/18)

will decide the parenting arrangements and time-sharing based on the child(ren)’s best interests.

Regardless of whether there is an agreement, the court reserves jurisdiction to modify issues relating to

the minor child(ren).

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 child(ren) is (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.

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

you do not fully understand any of the terms below or their implications, you should speak with an

attorney before going any further.

 Shared Parental Responsibility

 Sole Parental Responsibility

 Supervised Time-Sharing

 No contact

 Parenting Plan

 Parenting Plan Recommendation

 Time-Sharing Schedule

Child Support. Both parents are required to provide financial support for their minor or dependent

child(ren); however, the court may order one parent to pay child support to the other parent. 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 and the number of overnights the child(ren) spend with each parent. 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.

Alimony. Alimony may be awarded to a spouse if the judge finds that one spouse has an actual need for

it and also finds that the other spouse has the ability to pay. If you want alimony, you must request it in

writing in the original petition. If you do not request alimony in writing before the final hearing, it is

waived (you may not request it later). You may request permanent alimony, bridge-the-gap alimony,

durational alimony, , and/or rehabilitative alimony. If alimony is awarded, the judge may order periodic

payments, payments in lump sum, or both.

Marital/Nonmarital 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, time-sharing, and alimony awards, may lead the court to make an unequal (but still

equitable) distribution of assets and liabilities. Nonmarital assets and nonmarital liabilities are those

Instructions for Florida Supreme Court Approved Family Law Form 12.901(b)(1), Petition for Dissolution of

Marriage with Dependent or Minor Child(ren) (02/18)

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 nonmarital, 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 time-sharing with child(ren), temporary child

support, or temporary alimony, you may file a Motion for Temporary Support and Time-Sharing with

Dependent or Minor Child(ren), Florida Supreme Court Approved Family Law Form 12.947(a). For more

information, see the instructions for that form.

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 Child(ren), Florida Supreme Court Approved Family Law Form 12.902(f)(1). Both of you must

sign this 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.

Parenting Plan. In all cases involving minor or dependent child(ren), a Parenting Plan shall be approved

or established by the court. If you and your spouse have reached an agreement, you should file one of the

following: Parenting Plan, Florida Supreme Court Approved Family Law Form 12.995(a), Safety-Focused

Parenting Plan, Florida Supreme Court Approved Family Law Form 12.995(b), or Relocation/Long-

Distance Parenting Plan, Florida Supreme Court Approved Family Law Form 12.995(c), which addresses

the time-sharing schedule for the child(ren). If you have not reached an agreement, a proposed Parenting

Plan may be filed. If the parties are unable to agree, a Parenting Plan will be established by the court.

Final Judgment Form. These family law forms contain a Final Judgment of Dissolution of Marriage with

Dependent or Minor Child(ren), Florida Supreme Court Approved Family Law Form 12.990(c)(1), 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 Child(ren)

(Uncontested), Florida Supreme Court Approved Family Law Form 12.990(b)(1). You should check with

the clerk, family law intake staff, or judicial assistant to see if you need to bring a final judgment with you

to the 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.

Nonlawyer. 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.

Florida Supreme Court Approved Family Law Form 12.901(b)(1), Petition for Dissolution of Marriage with

Dependent or Minor Child(ren) (02/18)

IN THE CIRCUIT COURT OF THE JUDICIAL CIRCUIT,

IN AND FOR COUNTY, FLORIDA

Case No.:

Division:

In re: The Marriage of:

______________________________,

Petitioner,

and

_______________________________,

Respondent.

PETITION FOR DISSOLUTION OF MARRIAGE WITH

DEPENDENT OR MINOR CHILD(REN)

I, {full legal name} , the

Petitioner, being sworn, certify that the following statements are true:

1. JURISDICTION/RESIDENCE

_____Petitioner _____ Respondent _____ Both has (have) lived in Florida for at least 6 months

before the filing of this Petition for Dissolution of Marriage.

2. Petitioner _____ is or _____ is not a member of the military service.

Respondent _____ is or _____ is not a member of the military service.

3. MARRIAGE HISTORY

Date of marriage: {month, day, year} ___________________

Date of separation: {month, day, year}__________________ (___Please indicate if approximate)

Place of marriage: {county, state, country} __________________________________________

4. DEPENDENT OR MINOR CHILD(REN)

{Choose all that apply}

a. _____ Petitioner is pregnant. Baby is due on: {date} _____

b. _____ Respondent is pregnant. Baby is due on: {date} ________________________

c. _____ The minor (under 18) child(ren) common to both parties are:

Name Birth date

______________________________________________________________________________

Florida Supreme Court Approved Family Law Form 12.901(b)(1), Petition for Dissolution of Marriage with

Dependent or Minor Child(ren) (02/18)

______________________________________________________________________________

d. ___The minor child(ren) born or conceived during the marriage who are not common to

both parties are:

Name Birth date

______________________________________________________________________________

The birth parent (s) of the above minor child(ren) is (are): {name and address}

______________________________________________________________________________

e.___The child(ren) common to both parties who are 18 or older but who are dependent upon

the parties due to a mental or physical disability are:

Name Birth date

______________________________________________________________________________

5. A completed Family Law Financial Affidavit, Florida Family Law Rules of Procedure Form

12.902(b) or (c) {choose only one} _____ is filed with this petition or _____ will be timely filed.

6. A completed Uniform Child Custody Jurisdiction and Enforcement Act (UCCJEA) Affidavit, Florida

Supreme Court Approved Family Law Form 12.902(d), is filed with this petition. (You must

complete and attach this form in a dissolution of marriage with minor child(ren)).

7. A completed Notice of Social Security Number, Florida Supreme Court Approved Family Law

Form 12.902(j), is filed with this petition.

8. This petition for dissolution of marriage should be granted because:

{Choose only one}

a. ____ The marriage is irretrievably broken.

b. ____ One of the parties has been adjudged mentally incapacitated for a period of 3 years prior

to the filing of this petition. A copy of the Judgment of Incapacity is attached.

SECTION I. MARITAL ASSETS AND LIABILITIES

1. ____ There are no marital assets or liabilities.

Florida Supreme Court Approved Family Law Form 12.901(b)(1), Petition for Dissolution of Marriage with

Dependent or Minor Child(ren) (02/18)

2. ____ There are marital assets or liabilities. All marital and nonmarital assets and liabilities are

(or will be) listed in the financial affidavits, Florida Family Law Rules of Procedure Form

12.902(b) or (c), filed in this case.

{Indicate all that apply}

a.____ All marital assets and liabilities have been divided by a written agreement between the

parties, which is attached, to be incorporated into the final judgment of dissolution of

marriage. (The parties may use Marital Settlement Agreement for Dissolution of Marriage

with Dependent or Minor Child(ren), Florida Supreme Court Approved Family Law Form

12.902(f)(1).

b.____ The Court should determine how the assets and liabilities of this marriage are to be

distributed, under section 61.075, Florida Statutes.

c.____ Petitioner ____Respondent should be awarded an interest in the other spouse’s

property because:

______________________________________________________________________________

SECTION II. SPOUSAL SUPPORT (ALIMONY)

1. ____ Petitioner ____Respondent forever gives up any right to spousal support (alimony)

from the other spouse.

2. ____ Petitioner _____Respondent requests that the Court order the other spouse to pay the

following spousal support (alimony) and claims that he or she has an actual need for the support

that he or she is requesting and that the other spouse has the ability to pay that support.

Spousal support (alimony) is requested in the amount of $________________ every: _____

week _____ other week _____ month, or _________other ________________ beginning {date}

________________ and continuing until {date or event} ___________________________.

Explain why the Court should order _____Petitioner _____Respondent to pay, and any specific

request(s) for type of alimony (temporary, permanent, bridge-the-gap, durational, rehabilitative,

and/or lump sum):

3. _____Other provisions relating to alimony, including any tax treatment and consequences:

______________________________________________________________________________

______________________________________________________________________________.

Florida Supreme Court Approved Family Law Form 12.901(b)(1), Petition for Dissolution of Marriage with

Dependent or Minor Child(ren) (02/18)

4. _____ Petitioner requests life insurance on the other spouse’s life, provided by that spouse, to

secure such support.

SECTION III. PARENTING PLAN ESTABLISHING PARENTAL RESPONSIBILITY AND TIME-SHARING

1. The minor child(ren) currently reside(s) with _____ Petitioner _____ Respondent _____ Other:

{explain} ___________________________________________________________

2. Parental Responsibility. It is in the child(ren)’s best interests that parental responsibility be:

{Choose only one}

a. ____ shared by both parents;

b. ____ awarded solely to _____ Petitioner _____ Respondent . Shared parental responsibility

would be detrimental to the child(ren) because:________________________

______________________________________________________________________________

______________________________________________________________________________.

3. Parenting Plan and Time-Sharing. It is in the best interests of the child(ren) that the family be

ordered to comply with a Parenting Plan that _____ includes _____ does not include parental

time- sharing with the child(ren). For purposes of a Parenting Plan, the Petitioner will be referred

to as {name or designation}____________________, and the Respondent will be referred to as

{name or designation}_________________________________. The Petitioner states that it is in

the best interests of the child(ren) that:

{Choose only one}

a.____ The attached proposed Parenting Plan should be adopted by the court. The parties

{Choose only one} _____ have _____ have not agreed to the Parenting Plan.

b. _____Each child will have time-sharing with both parents as follows: __________________

_____________________________________________________________________

____________________________________________________________________________

(_____ Indicate if a separate sheet is attached.)

c. ____ The court should establish a Parenting Plan with the following provisions for:

{Insert name or designation of the appropriate parent in the space provided}

____ No time-sharing for Parent _____________

____ Limited time-sharing with Parent __________

____ Supervised Time-Sharing for Parent ___________Parent___________;

____ Supervised or third-party exchange of the child(ren).

____ Explain:

______________________________________________________________________________

4. Explain why this request is in the best interests of the child(ren):

______________________________________________________________________________

______________________________________________________________________________.

Florida Supreme Court Approved Family Law Form 12.901(b)(1), Petition for Dissolution of Marriage with

Dependent or Minor Child(ren) (02/18)

SECTION IV. CHILD SUPPORT

{Choose all that apply}

1. _____Petitioner requests that the Court award child support as determined by Florida’s child

support guidelines, section 61.30, Florida Statutes. A completed Child Support Guidelines

Worksheet, Florida Family Law Rules of Procedure Form 12.902(e), _____ is, or _____ will be

filed. Such support should be ordered retroactive to:

a. ____ the date of separation {date} _________________________.

b. ____ the date of the filing of this petition.

c. ____ other {date} ____________ {explain} ___________________________________.

2. _____Petitioner requests that the Court award child support to be paid beyond the age of 18

years because:

a.____ the following child(ren) {name(s)}

is (are) dependent because of a mental or physical incapacity which began before the

age of 18. {explain}

b.____ the following child(ren) {name(s)}______________________________is (are) dependent

in fact, is (are) in high school, and are between the ages of 18 and 19; said child(ren) is (are)

performing in good faith with reasonable expectation of graduation before the age of 19.

3. _____Petitioner requests that the Court award a child support amount that is more than or less

than Florida’s child support guidelines and understands that a Motion to Deviate from Child

Support Guidelines, Florida Supreme Court Approved Family Law Form 12.943, must be filed

before the Court will consider this request.

4. _____Petitioner requests that medical/dental insurance for the minor child(ren) be provided

by:

{Choose only one}

a. ____ Petitioner

b. ____ Respondent.

5. _____Petitioner requests that uninsured medical/dental expenses for the child(ren) be paid:

{Choose only one}

a. ____by Petitioner;

b. ____by Respondent;

c. ____equally by the spouses {each spouse pays one-half}.

d. ____according to the percentages in the Child Support Guidelines Worksheet, Florida Family

Law Rules of Procedure Form 12.902(e).

e. ____Other {explain}: __________________________________________________________

______________________________________________________________________________

▼ PDF

Document Specifics

Fact Name	Description
Usage	This form is intended for individuals filing for divorce who have minor children or are expecting a child with their spouse.
Residency Requirement	At least one spouse must have lived in Florida for a minimum of six months before filing for divorce.
Filing Method	The original form must be filed with the clerk of the circuit court, and it can be done electronically in accordance with Florida Rules of Judicial Administration.
Service of Process	Petitioners must notify their spouse of the divorce petition through personal service or, if necessary, constructive service.
Governing Law	The process is governed by Chapter 61 of the Florida Statutes, which outlines divorce procedures and requirements.

Florida Divorce Decree: Usage Instruction

Filling out the Florida Divorce Decree form requires careful attention to detail. After completing the form, it must be signed and filed with the clerk of the circuit court. Ensure that you keep a copy for your records. The next steps involve serving the petition to your spouse and following the appropriate procedures based on their response.

Obtain the Florida Divorce Decree form (Florida Supreme Court Approved Family Law Form 12.901(b)(1)).
Type or print the form in black ink.
Fill in your personal information, including your name, address, and contact details.
Provide your spouse's information, including their name and address.
Indicate the number of dependent or minor children involved.
Complete the sections regarding child custody, child support, and any other relevant issues.
If applicable, request alimony and specify the type you are seeking.
Review the form for accuracy and completeness.
Sign the form in front of a notary public or deputy clerk.
Make a copy of the signed form for your records.
File the original form with the clerk of the circuit court in your county.

Learn More on Florida Divorce Decree

When should I use the Florida Divorce Decree form?

This form is appropriate when you are filing for a dissolution of marriage and you and your spouse have a dependent or minor child or if your spouse is pregnant. You or your spouse must have resided in Florida for at least six months prior to filing. If these conditions are met, you should proceed with this form.

What steps should I take after filing the form?

After filing the petition, you must notify your spouse. If you know your spouse's address, personal service is recommended. If the address is unknown, you may consider constructive service, especially if your spouse is in another state or country. Keep in mind that using constructive service may limit the court's ability to grant certain reliefs, such as spousal support or child support. If your spouse is in the military, additional service requirements may apply. Consult an attorney for guidance on these matters.

What happens if my spouse does not respond to the petition?

If your spouse does not file an answer within 20 days of being served, you may file a Motion for Default. This allows you to proceed with your case without their input. After filing the necessary papers, you can contact the court to set a final hearing. Be sure to notify your spouse about the hearing using the appropriate notice form.

What if my spouse contests the divorce?

If your spouse files a response that disagrees with your petition, the case is considered contested. You will need to file a Notice for Trial after fulfilling mandatory disclosure requirements. Some judicial circuits may require mediation before setting a trial date. It is essential to follow the court's instructions and deadlines to ensure your case proceeds smoothly.

Common mistakes

Filling out the Florida Divorce Decree form can be a daunting task, and many individuals make common mistakes that can delay their case. One significant error is failing to provide accurate information about residency. The form requires that either you or your spouse have lived in Florida for at least six months prior to filing. Omitting this detail or misrepresenting residency can lead to the dismissal of your petition.

Another frequent mistake involves the service of process. Many people assume that sending the petition through the mail is sufficient. However, personal service is typically required unless you genuinely do not know where your spouse resides. If you opt for constructive service without following the proper procedures, you risk having your case thrown out. Understanding the difference between personal and constructive service is crucial.

Additionally, individuals often neglect to include necessary supporting documents. The form specifies various attachments, such as a Parenting Plan and a Family Law Financial Affidavit. Failing to include these documents can result in delays or even a requirement to restart the process. It is essential to carefully review the checklist provided with the form to ensure all necessary paperwork is included.

Finally, many people overlook the importance of signing the form in front of a notary public or deputy clerk. A signature without notarization renders the document invalid. Taking the time to ensure that all signatures are properly executed can save significant time and frustration later in the process. By being mindful of these common pitfalls, individuals can navigate the divorce filing process more smoothly.

Documents used along the form

When navigating a divorce in Florida, several important forms and documents are often required alongside the Florida Divorce Decree. Understanding these documents can help ensure that the process goes smoothly and that all necessary information is submitted correctly. Below is a list of commonly used forms that may accompany the Divorce Decree.

Marital Settlement Agreement: This document outlines the terms agreed upon by both spouses regarding asset division, child custody, and support. It must be signed and notarized.
Parenting Plan: Required in cases involving minor children, this plan details the time-sharing arrangements and responsibilities of each parent. It can be agreed upon by both parties or established by the court.
Family Law Financial Affidavit: This affidavit provides a detailed account of each party's financial situation. It is essential for determining child support and alimony obligations.
Child Support Guidelines Worksheet: This worksheet helps calculate the appropriate amount of child support based on both parents' incomes and the number of overnights the children spend with each parent.
Uniform Child Custody Jurisdiction and Enforcement Act (UCCJEA) Affidavit: This affidavit establishes the jurisdiction for custody matters and ensures that the court has the authority to make decisions regarding the children.
Notice of Social Security Number: This form collects the Social Security numbers of both parents and the children, which is often necessary for identification and support purposes.
Certificate of Compliance with Mandatory Disclosure: This certificate confirms that both parties have exchanged the required financial documents and information as mandated by Florida law.

Each of these forms plays a crucial role in the divorce process, particularly when children are involved. Completing them accurately and timely can significantly impact the outcome of your case. If you have questions about any of these documents, seeking guidance from a legal professional can provide clarity and support.

Similar forms

The Florida Parenting Plan is similar to the Florida Divorce Decree in that both documents address the arrangements for minor children following a divorce. The Parenting Plan outlines how parents will share responsibilities and time with their children, ensuring that the children's best interests are prioritized. Like the Divorce Decree, it must be filed with the court and approved by a judge. Both documents are crucial in establishing legal frameworks for post-divorce family dynamics.

The Marital Settlement Agreement serves a similar purpose to the Florida Divorce Decree by documenting the agreements made between spouses regarding the division of assets, debts, and other relevant issues. This agreement is often filed alongside the Divorce Decree and can simplify the divorce process by clarifying the terms both parties have agreed upon. Just like the Divorce Decree, this document requires the signatures of both parties and may need to be notarized.

The Child Support Guidelines Worksheet is another document that parallels the Florida Divorce Decree, as it helps determine the financial obligations of each parent towards their children post-divorce. This worksheet is used to calculate child support amounts based on the combined income of both parents and is often referenced in the Divorce Decree. Both documents aim to ensure that children's financial needs are met after the dissolution of marriage.

The Family Law Financial Affidavit is similar to the Florida Divorce Decree because it provides a detailed account of each party's financial situation. This affidavit is typically required when determining alimony or child support and must be submitted to the court. Like the Divorce Decree, it plays a significant role in the equitable distribution of assets and liabilities during the divorce process.

The Notice of Hearing is akin to the Florida Divorce Decree as it informs parties of upcoming court proceedings related to their divorce case. This document ensures that both parties are aware of the schedule and can prepare accordingly. The Divorce Decree itself may reference the outcomes of these hearings, making the Notice of Hearing an essential part of the overall process.

The Motion for Default is similar to the Florida Divorce Decree in that it is a procedural document that can lead to a final ruling in a divorce case. If one party does not respond to the petition within the required timeframe, the other party can file this motion, potentially resulting in a Divorce Decree being issued without the other party's input. Both documents are part of the legal process that culminates in the dissolution of marriage.

The Affidavit of Diligent Search and Inquiry is comparable to the Florida Divorce Decree because it may be necessary when one spouse cannot be located for service of process. This affidavit documents the efforts made to find the missing spouse and is often filed in conjunction with the Divorce Decree. Both documents reflect the legal requirements for ensuring that all parties are properly notified during the divorce process.

The Final Judgment of Dissolution of Marriage is directly related to the Florida Divorce Decree, as it is the court's official ruling that finalizes the divorce. This judgment outlines the terms agreed upon in the Divorce Decree, including custody arrangements, asset distribution, and support obligations. Both documents serve as the concluding legal outcome of the divorce proceedings.

The Parenting Course Completion Certificate is similar to the Florida Divorce Decree as it may be required before the finalization of a divorce involving minor children. Completion of this course demonstrates a commitment to understanding parenting responsibilities post-divorce, and the court may reference this requirement in the Divorce Decree. Both documents aim to promote the welfare of children after the dissolution of marriage.

The Affidavit of Military Service is another document that shares similarities with the Florida Divorce Decree, particularly in cases involving military personnel. This affidavit confirms the military status of a spouse and may impact the proceedings of the divorce. The Divorce Decree may address specific considerations related to military service, ensuring compliance with legal protections afforded to service members.

Dos and Don'ts

When filling out the Florida Divorce Decree form, there are important steps to follow. Here’s a list of things you should and shouldn’t do:

Do use black ink or type the form for clarity.
Do ensure that you and your spouse have lived in Florida for at least 6 months before filing.
Do sign the form in front of a notary public or deputy clerk.
Do keep a copy of the completed form for your records.
Do properly notify your spouse of the petition using personal service when possible.
Do familiarize yourself with terms related to child support and alimony.
Do consult an attorney if you are unsure about any terms or processes.

Don’t leave any sections of the form blank; complete all required fields.
Don’t forget to file the original form with the clerk of the circuit court.
Don’t use constructive service unless absolutely necessary; it limits relief options.
Don’t ignore deadlines, such as the 20 days your spouse has to respond.
Don’t assume you can request alimony after the final hearing if you didn’t include it in your petition.
Don’t skip the parenting course if required before the final judgment.
Don’t forget to file necessary supporting documents, like the Family Law Financial Affidavit.

Misconceptions

Misconception 1: The Florida Divorce Decree form is only for couples without children.

This form is specifically designed for couples who have dependent or minor children together or for those where one spouse is pregnant. It is essential for ensuring that the needs of the children are addressed during the dissolution process.

Misconception 2: Filing the form electronically is mandatory for everyone.

While the Florida Rules of Judicial Administration encourage electronic filing, self-represented litigants are not required to file electronically. They have the option to file their documents in person if they prefer.

Misconception 3: You can submit the form without notifying your spouse.

Proper notification of the spouse is a crucial step in the divorce process. Without notifying your spouse, the case cannot proceed, and the court may not grant the divorce.

Misconception 4: Alimony is automatically granted in every divorce case.

Alimony is not guaranteed. It must be explicitly requested in writing within the original petition. The court will consider various factors before determining if alimony is appropriate.

Misconception 5: The court will always divide assets equally.

Florida law requires an equitable distribution of marital assets, which does not necessarily mean equal division. The court considers various factors, including child support and time-sharing arrangements, when determining how to distribute assets fairly.

Misconception 6: Once a divorce decree is issued, it cannot be modified.

Divorce decrees can be modified, especially regarding child support and parenting plans, if circumstances change. The court retains the authority to revisit these issues to ensure they remain in the best interests of the children involved.

Key takeaways

Use the Florida Divorce Decree form when you and your spouse have a dependent or minor child together, or if one spouse is pregnant.
Ensure that at least one of you has lived in Florida for six months before filing.
Complete the form in black ink, and sign it in front of a notary public or deputy clerk.
File the original form with the clerk of the circuit court and keep a copy for your records.
Notify your spouse of the petition using personal service or constructive service if necessary.
Understand the different case outcomes: default, uncontested, or contested, based on your spouse's response.
If you are self-represented, you can choose to file documents electronically but are not required to do so.