The Florida Divorce Decree form is a legal document used to finalize the dissolution of marriage when dependent or minor children are involved. It outlines the terms of the divorce, including child custody, support, and asset division. If you're ready to begin this process, fill out the form by clicking the button below.
When navigating the emotional and legal complexities of divorce in Florida, understanding the Florida Divorce Decree form is essential. This form is specifically designed for individuals seeking to dissolve their marriage while having dependent or minor children. It is crucial to ensure that you or your spouse have lived in Florida for at least six months before filing. The form must be completed accurately, typed or printed in black ink, and signed before a notary public or deputy clerk. Once filled out, the original should be filed with the circuit court clerk in your county, while retaining a copy for your records. The process involves notifying your spouse, who is referred to as the respondent, and depending on their response, your case may proceed in different ways: default, uncontested, or contested. If your spouse does not respond within 20 days, you can file for default. If they agree with your petition, it may lead to an uncontested hearing. Conversely, if there are disagreements, the case becomes contested, requiring further legal steps. Additionally, the form outlines requirements for child support, alimony, and the division of assets, ensuring that both parties understand their rights and responsibilities. With the right information and preparation, the process can be more manageable, allowing for a smoother transition during a challenging time.
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.
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
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
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.
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:
NameBirth 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:
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:
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.
OR
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.
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:
______________________________________________________________________________.
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):
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:
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}: __________________________________________________________
After completing the Florida Divorce Decree form, the next steps involve ensuring that your spouse is properly notified of the petition. This notification is crucial for the case to move forward. Depending on your circumstances, you may need to serve your spouse personally or explore alternative options if their whereabouts are unknown.
The Florida Divorce Decree form is utilized when filing for a dissolution of marriage, specifically when there are dependent or minor children involved, or if one spouse is pregnant. It’s essential that either you or your spouse has resided in Florida for at least six months prior to filing. This form is crucial for initiating the legal process of divorce in Florida.
The form should be filled out either by typing or using black ink for clarity. Once completed, you must sign it in the presence of a notary public or a deputy clerk. The original form must then be filed with the clerk of the circuit court in your county. Always keep a copy for your records to ensure you have documentation of your filing.
After filing, you must notify your spouse of the petition. If you know their address, personal service is recommended. If not, you may need to resort to constructive service, especially if your spouse lives out of state or in another country. Be aware that using constructive service may limit the relief the court can grant, particularly regarding spousal and child support.
Your spouse has 20 days to respond after being served. The case can proceed in one of three ways:
If you are unable to pay the filing fee, you can request an Application for Determination of Civil Indigent Status from the clerk. This application will determine if you qualify for a waiver of the fees, allowing you to proceed without financial burden.
If you are a victim of domestic violence or similar circumstances, you can file a Request for Confidential Filing of Address. This ensures your address remains private, protecting your safety while still allowing you to proceed with your divorce.
Several additional documents may be required, including:
These documents help establish child support, custody arrangements, and financial disclosures, which are critical for the court's decisions.
In Florida, both parents are required to financially support their minor children. The court uses guidelines based on the combined income of both parents to determine the amount of child support. You will need to file a Family Law Financial Affidavit to assist in this calculation.
Incomplete Information: Failing to provide all necessary details can lead to delays. Ensure that you fill out every section of the form accurately. Missing information may result in the court rejecting your petition.
Incorrect Filing Procedures: Not adhering to the correct filing procedures can create complications. It is essential to file the original form with the clerk of the circuit court in your county and keep a copy for your records. Ignoring e-filing requirements may also lead to issues.
Improper Service of Process: Not properly notifying your spouse can hinder your case. You must use personal service if possible, or constructive service if you cannot locate your spouse. Failure to do this correctly may limit the relief the court can grant.
Neglecting Additional Required Forms: Omitting necessary accompanying documents can stall your case. Depending on your situation, forms like the Family Law Financial Affidavit or Parenting Plan may be required. Ensure you include all relevant documents to avoid complications.
When navigating the process of divorce in Florida, several forms and documents accompany the Florida Divorce Decree. Each of these documents serves a specific purpose and is crucial for ensuring that all legal requirements are met during the dissolution of marriage. Below is a list of commonly used forms that may be required alongside the Florida Divorce Decree.
Utilizing the correct forms is vital for a smooth divorce process in Florida. Each document plays a role in addressing various aspects of the dissolution, ensuring that both parties' rights and responsibilities are clearly defined and legally recognized. If there are uncertainties regarding which forms to use or how to complete them, seeking guidance from a legal professional can be beneficial.
The Florida Family Law Financial Affidavit is a document that provides a detailed account of an individual's financial situation. Similar to the Florida Divorce Decree, it is essential in divorce proceedings, especially when determining issues such as child support and alimony. This affidavit requires individuals to disclose their income, expenses, assets, and liabilities. Both documents aim to provide the court with a comprehensive understanding of each party's financial circumstances, which is crucial for making equitable decisions regarding financial support and asset distribution.
The Marital Settlement Agreement is another important document in divorce cases. This agreement outlines the terms that both parties have negotiated regarding the division of assets, debts, child custody, and support. Like the Florida Divorce Decree, it is a formalized agreement that must be approved by the court to become enforceable. While the Divorce Decree finalizes the dissolution of marriage, the Marital Settlement Agreement serves as a roadmap for how the parties will manage their post-divorce responsibilities and rights.
The Parenting Plan is specifically relevant when minor children are involved in a divorce. This document details the arrangements for child custody, visitation, and decision-making responsibilities. Similar to the Florida Divorce Decree, the Parenting Plan is intended to serve the best interests of the child. Both documents are crucial for ensuring that the needs of the children are prioritized and that there is a clear structure in place for co-parenting after the divorce.
The Notice of Hearing is another document that shares similarities with the Florida Divorce Decree. It is used to inform parties about the scheduled court hearings related to the divorce proceedings. Just as the Divorce Decree signifies the final resolution of the marriage, the Notice of Hearing is a critical step in the process, ensuring that all parties are aware of and can prepare for upcoming legal proceedings. Both documents play a role in the judicial process, facilitating communication and organization within the court system.
The Affidavit of Diligent Search and Inquiry is a document used when one spouse cannot be located for service of process. This affidavit is similar to the Florida Divorce Decree in that it is part of the legal procedure for obtaining a divorce. It demonstrates the efforts made to locate the missing spouse and is often necessary to proceed with constructive service. Both documents are integral to ensuring that the legal process is followed correctly, even in situations where one party is unresponsive.
The Uniform Child Custody Jurisdiction and Enforcement Act (UCCJEA) Affidavit is essential when determining jurisdiction over child custody matters. This document is similar to the Florida Divorce Decree in that it addresses issues directly related to the welfare of minor children during divorce proceedings. The UCCJEA Affidavit provides information about where the child has lived and ensures that custody decisions are made in the appropriate jurisdiction. Both documents are vital for protecting the rights and interests of children in divorce cases.
The Certificate of Compliance with Mandatory Disclosure is a document that ensures both parties have provided necessary financial information as required by law. This certificate is similar to the Florida Divorce Decree in that it reflects compliance with legal obligations during the divorce process. Both documents contribute to transparency and fairness in the proceedings, ensuring that all relevant financial information is disclosed to the court.
The Final Judgment of Dissolution of Marriage is a critical document that officially ends the marriage. It is similar to the Florida Divorce Decree in that it serves as the court's final ruling on the divorce. This judgment outlines the terms of the divorce, including child custody, support, and property division. Both documents signify the conclusion of the divorce process and the legal recognition of the dissolution of the marriage.
When filling out the Florida Divorce Decree form, there are several important dos and don'ts to keep in mind. Here’s a clear list to guide you:
This form is specifically for couples with dependent or minor children or when a spouse is pregnant. It cannot be used by couples without these circumstances.
One or both spouses must have resided in Florida for at least six months before filing for divorce. This residency requirement is essential for jurisdiction.
Proper notification of your spouse is crucial. You must serve them with the petition, and failure to do so may result in delays or complications in your case.
While e-filing is required for most documents, self-represented litigants are not obligated to file electronically. You can choose to file in person if preferred.
If your spouse fails to respond within 20 days, you can file for a default. However, you must still follow all required procedures to finalize your divorce.
Child support and alimony are not automatically granted. You must request them in writing, and the court will decide based on various factors, including financial need and ability to pay.
Florida law requires an equitable distribution of assets, which does not necessarily mean equal. The court considers multiple factors before making a decision.
Regardless of whether you and your spouse agree on parenting arrangements, a parenting course must be completed before the final judgment is entered.
Even after a divorce is finalized, you can request modifications regarding child support, alimony, and parenting plans if circumstances change.
Key Takeaways for Filling Out and Using the Florida Divorce Decree Form: