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Florida Divorce Forms
This is a list of the most commonly filed divorce forms for the state of Florida. Following the list is a brief summary of each form and its purpose. This list of forms is not exhaustive and not all forms listed are required for every divorce. Due to unique case situations and special divorce filing procedures in Florida, certain forms may or may not be required by the Florida courts.
Petition for Simplified Dissolution of Marriage, Form 12.901(a)
This two-page form initiates the Florida simplified dissolution of marriage. Filing jointly, the spouses stipulate basic facts of the marriage and ask the court to end it because the union is "irretrievably broken."
When a spouse files as an individual, he or she uses one of the following forms, depending upon the marriage, children and property:
> Petition for Dissolution of Marriage with Dependent or Minor Child(en), Form 12.901(b)(1)
> Petition for Dissolution of Marriage with Property but No Dependent or Minor Child(ren), Form 12.901(b)(2)
> Petition for Dissolution of Marriage with No Dependent or Minor Children or Property, Form 12.901(b)(3)
Family Law Financial Affidavit, (Short) Form 12.902 (b) or (Long) Form 12.902
Both spouses must complete a Family Law Financial Affidavit. The short form is used for an individual with a gross annual income of less than $50,000; the long form, for an individual with a gross annual income of more than $50,000. This form, short or long, details the income of each spouse. These affidavits may be attached to the Petition when couples negotiate a Marital Settlement Agreement, with or without outside help.
Uniform Child Custody Jurisdiction and Enforcement Act (UCCJEA) Affidavit, Form 12.902(d)
This form, filed by the Petitioner and signed before a deputy clerk or a notary, profiles the five-year residential history of minor children of the marriage. It states whether or not the Petitioner has 1) participated in any custody proceeding involving the children in Florida or elsewhere; 2) information about any custody proceedings in Florida or elsewhere; and/or 3) knowledge or information about any person "who has physical custody or claims to have custody or visitation rights" with the children involved in the proceeding.
Notice of Filing Child Support Guidelines Worksheet and Worksheet, Form 12.902(e)
This worksheet, which is conveyed to the Respondent with a Notice of Filing Child Support Guidelines Worksheet, shows the calculations for child support. It is based on the net monthly incomes of both parents, with allowances for additional expenses, such as medical insurance.
Like the Petition, Florida uses three versions of a Marital Settlement Agreement, depending upon the circumstances of the divorcing couple. They are as follows:
> Marital Settlement Agreement for Simplified Dissolution of Marriage, Form 12.902(f)(3)
> Marital Settlement Agreement for Dissolution of Marriage with Dependent or Minor Child(ren), Form 12.902(f)(1)
> Marital Settlement Agreement for Dissolution of Marriage with Property But No Dependent or Minor Child(ren), Form 12.902(f)(2)
Affidavit of Corroborating Witness, Form 12.902(i)
This form may be used in a divorce action to verify one of the spouses "has resided" in the state for at least six months. Proof of residency may also be established by driver's license, state identification card, voter registration card.
Notice of Social Security Number, Form 12.902(j)
This form, which certifies a party's Social Security number, is normally filed by the Petitioner and the Respondent.
Notice of Current Address, Form 12.915
Required in some counties, this form states the current addresses of the parties in a divorce.
Answer, Waiver, and Request for Copy of Final Judgment of Dissolution of Marriage, Form 12.903(a)
When the Respondent agrees to sign an Answer, Waiver, and Request for a Copy of Final Judgment of Dissolution, he or she agrees to the action. Going this route eliminates the need for a Summons and Service of Process. This form must be signed before a deputy clerk or a notary, and it moves the divorce along in much the same way as a Simplified Dissolution. The Answer is the agreement; the Waiver eliminates the need for his or her appearance at the final hearing; the Request asks for a copy of the final judgment. If children are involved, a Uniform Child Custody Jurisdiction and Enforcement Act (UCCJEA) Affidavit, a Notice of Social Security number and a Family Law Affidavit must be filed when the Answer, Waiver, and Request for Copy of Final Judgment is filed.
Summons: Personal Service of an Individual, Form 12.910(a)
When the individual is personally served the divorce papers, the Summons informs him or her that he or she has 20 days from the date of receipt, or face the consequences of not answering the Summons.
Certificate of Compliance with Mandatory Disclosure, Form 12.932
This form, required of the Respondent, certifies that he or she has made all the mandatory disclosures required in the Family Law Financial Affidavit as well as other financial documents.
Notice of Action for Dissolution of Marriage, Form 12.913(a)
After a party has made a good faith effort to locate a spouse who cannot or will not be found, he or she may file a Notice of Action for Dissolution of Marriage. Published once a week for four weeks as a classified legal advertisement, this notice gives the missing spouse 28 days to respond, after which the Petitioner can file a Default. The divorce action then proceeds as a default dissolution.
Affidavit of Diligent Search and Inquiry, Form 12.913(b)
Before a Petitioner files for a Notice of Action for Dissolution, he or she must demonstrate that a diligent (a "good-faith") effort was made to locate a missing spouse. This Affidavit of Diligent Search and Inquiry is very demanding because it lists more than a dozen avenues that must be explored before the affidavit may be filed.
Motion for Default, Form 12.922(a)
When a Respondent fails to file an Answer within the deadline, the Petitioner files this form and attempts to deliver a copy of it to the Respondent. This form asks the court to enter a default against the Respondent.
Default, Form 12.922(b)
This form is the instrument of the default. It is a court order.
A divorcing couple in Florida uses one of six forms for the Final Judgment of Dissolution. Each of these forms spells out the terms and conditions of the divorce along a model applicable to the situation of the couple, their children, if any, and their property division and distribution. The forms are as follows:
> Final Judgment of Simplified Dissolution of Marriage
> Final Judgment of Dissolution of Marriage with Minor Child(ren) (Uncontested), Form 12.990(b)(1)
> Final Judgment of Dissolution of Marriage with Dependent or Minor Children (Contested), Form 12.990(c)(1)
> Final Judgment of Dissolution of Marriage with Property But No Dependent or Minor Children (Contested), Form 12.990(c)(2)
> Final Judgement of Dissolution of Marriage with Property but No Dependent or Minor children (Uncontested), Form 12.990(b)(2)
> Final Judgment of Dissolution of Marriage with No Property or Dependent or Minor Children (Uncontested), Form 12.990(b)(3)
Civil Cover Sheet
This form is used by the court to identify the parties and type of action.
When the Florida court decides on the issue of child custody and visitation, the gender of the parents is not considered. For example, a mother will not automatically receive custody of the children just because she is the mother. The judge must only consider what is in the best interests of the child. Florida divorce law requires Shared Parental Responsibility. This means that even though the child may live with one parent, the other parent has equal say in raising the child. Each party must be consulted on the education, health, religion, and discipline of the child. And, if the parties cannot agree on these important issues, the judge will make the decisions.
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