All of the Florida Divorce Papers That You Need to Get a DivorceDownload Florida Divorce Papers
If you’re planning to get a divorce in Florida, your main challenge is not going through a divorce process. It’s the paperwork.
Everyone who has ever dealt with the court system knows it takes a lot of forms every step of the way. Finding, completing, filing, serving - these things you’ll be doing many times before getting a divorce decree.
You’ve probably tried looking for the Florida divorce forms online but have no idea if all of them suit your circumstances. So, here’s a complete list of divorce documents you’ll need to file for divorce in Florida and explanations about when you need each of them.
Free Printable Divorce Papers (pdf)
Petition for Simplified Dissolution of Marriage. Form 12.901(a)
A petition for Dissolution is a primary form you should complete and file with the circuit court. With it, you ask the court to grant your divorce and provide initial information about yourself, the other party, grounds for divorce, etc.
This specific Petition (Form 12.901(a)) is used for simplified cases. For example, your divorce qualifies as simplified if you don’t have minor or dependent children and divided property (assets and liabilities) by agreement.
Other requirements include confirmed residency (six months before filing), not seeking alimony, and giving up the right to trial or appeal. Both spouses must also be present at the final hearing.
The Petition for Simplified Dissolution requires both spouses’ signatures, addresses, and phone numbers.
Marital Settlement Agreement for Simplified Dissolution of Marriage. Form 12.902(f)(3)
You should use this form if you filed a Petition for Simplified Dissolution and agreed on all issues with your spouse, including property division and alimony. Both you and your spouse must sign this agreement form before a notary public or deputy clerk.
File this form with the circuit court clerk in the county where you live and already filed other paperwork. You don’t have to file this form with your Petition and can bring it to court later.
Final Judgment of Simplified Dissolution of Marriage. Form 12.990(a)
You need to complete and take this form to the final hearing, or the judge will prepare it during the hearing. It only has a few checkboxes and blanks to fill out since the detailed divorce terms are collected in the Settlement Agreement.
This document is signed by the judge and signifies the end of your marriage. The copies will be distributed to the parties indicated at the end of the paper (petitioner, respondent, or their attorneys).
Cover Sheet for Family Court Cases. Form 12.928
The purpose of this form is to disclose judicial workload data. Your task is to indicate the type of lawsuit (initial action or reopened case) and the type of your case. Choose a regular or simplified dissolution, depending on your situation. You must file this form with your Petition and other initial papers.
Notice of Related Cases. Form 12.900(h)
Each Petitioner must complete and file this form under the Florida Rule of Judicial Administration 2.545(d). It lets the court know whether you have any related pending or closed cases when filing for divorce. Related cases involve the same parties, children, or issues as your divorce.
If you don’t have any pending or closed related cases, check the appropriate box at the beginning of a document. You must also serve the respondent and a judge assigned to your case with a copy of this document.
Petition for Dissolution of Marriage:
It is a primary document that you file in every divorce case. Choose one of the following forms that best describes your situation. If you plan to file for a simplified dissolution, use Form 12.901(a) instead.
- With dependent or minor children. Form 12.901(b)(1) Use this form if you and your spouse have minor or dependent children or are waiting for your child to be born. The form contains questions about a marriage history, children, assets, parenting plan, etc. Before filing this document with the circuit court, you must sign and notarize it.
- With property but no children. Form 12.901(b)(2) If you want to file for dissolution and don’t have minor or dependent children but have some property to divide, this form is for you. It has sections about assets, liabilities, and alimony. Before filing, you must sign this form before a notary public or deputy clerk.
- With no property or minor children. Form 12.901(b)(3) And finally, if you and your spouse have no marital assets and liabilities, minor children, and alimony requests, you should use this form. It only contains general statements and a few questions about marriage history. Just like any other Petition, you must notarize and file it with the court. Also, make a few copies for your records and the service process.
Family Law Financial Affidavit
- Long Form. Form 12.902(c) You should fill out and file this financial affidavit in all divorce cases unless you plan to file for a simplified marriage dissolution. Use the long form if your annual gross income exceeds $50,000.
- Short Form. Form 12.902(b) Similar to the long form, this short form lists all assets, monthly income from different sources, and financial liabilities. Use this document instead of Form 12.902(c) if your annual gross income is less than $50,000.
Affidavit of Corroborating Witness. Form 12.902(i)
This form aims to verify that one or both spouses have lived in Florida for six months before filing for divorce. This requirement is mandatory for all divorce cases. A third person who knows you or your spouse must fill out the affidavit and sign it before a notary public. Then, file this form with the court and serve a copy on your spouse.
If you can corroborate residency by other means (valid Florida driver’s license, ID, or voter’s registration card), skip this form.
Notice of Social Security number. Form 12.902(j)
This form is mandatory for all dissolution cases, with or without children. You’ll need to provide your full name, date of birth, and social security number, and do the same for any minor or dependent children. Remember to notarize and deliver a copy of the Notice to your spouse.
Summons. Form 12.910(a)
Summons is a form to notify the other party of divorce and request personal service. It means that your spouse will receive copies of all documents in one of the court-approved ways.
Note that you cannot give the papers to the other spouse yourself. Instead, you must request help from the sheriff’s department or use a private process service. In addition, you must file a Summons along with a Petition for Dissolution and a Process Service Memorandum.
If your spouse lives in the same county, ask the clerk to forward these forms to the sheriff for service. Otherwise, you will need to take them to the appropriate sheriff’s office in the county where your spouse lives.
Memorandum. Form 12.910(b)
File this form with a Summons to ask the sheriff’s department to perform personal service of divorce papers on your spouse. You should provide your spouse’s full name and home/work address and specify the best times for the delivery. You can also attach a map to this form so that a sheriff can easily find the other party.
Certificate of Service. Form 12.914
Florida laws require that copies of all papers filed in a lawsuit must be served on the other party. Most forms already have a section where you certify that you deliver a copy to the other party. However, when you file a document without certification, you must use a separate Certificate of Service (Form 12.914).
Memorandum for Certificate of Military Service, Form 12.912(a)
This form aims to determine whether one spouse is in the military. If you do not know this information for sure, use this Memorandum to contact military branches and public health service. You should attach a check to cover the service fees.
Affidavit of Military Service, Form 12.912(b)
Use this form to inform the court of the military status of your spouse in a divorce case. In particular, file it when you want a default divorce, and the other party was served (received copies of all papers) but did not file an answer or an appearance.
Notarize this form and file it with the clerk. You might also need verifications from each military branch about the respondent’s military status (Form 12.912(a)).
Final Judgment of Dissolution of Marriage:
A final judgment is a document that dissolves your marriage for good. Choose one of the forms below that best suits your situation. However, if you filed for a simplified dissolution, use Form 12.990(a) instead.
- With minor or dependent children (Uncontested Divorce), Form 12.990(b)(1) This form must be signed by the judge assigned to your case. With it, the court grants you a divorce and sets orders regarding child custody and support as stated in a Parenting Plan. The judgment also incorporates the terms contained in a Settlement agreement.
- With minor or dependent children (Contested Divorce), Form 12.990(c)(1) You should use this document if you don’t agree with your spouse on all issues and have minor children. The form has sections about property division, alimony, parenting rights and responsibilities, child support, etc.
- With property but no minor children (Uncontested Divorce), Form 12.990(b)(2) Use this form if your divorce is uncontested (both spouses agree to all issues), you don’t have minor children, and neither spouse is pregnant. It doesn’t require much information since all divorce terms are provided in a Settlement Agreement. After a judge signs this document, you will receive a copy from the clerk’s office.
- With property but no children (Contested Divorce), Form 12.990(c)(2) Again, if your divorce is contested, meaning that it goes on trial, and you don’t have minor children, this form will establish the fact of divorce and all terms that each ex-spouse must obey. They include such provisions as property division, alimony, and insurance.
- With no property or children (Uncontested Divorce), Form 12.990(b)(3) Finally, use this form if you don’t have property or minor children and can agree with your spouse on all terms. This document is straightforward and contains only a few checkboxes and lines to fill out.
Final Disposition. Form 12.999
Complete and file this form with the clerk when your case is over. First, type the names of both parties and the judge who issued the final orders. Then, put an “X” in a checkbox that describes a method of disposition made in your case (e.g., by a judge, jury, etc.). Finally, send a copy to the other party.
Marital Settlement Agreement for Dissolution of Marriage.
- With dependent or minor children. Form 12.902(f)(1) You should file this form after you’ve filed a Petition for Dissolution with Dependent or Minor Children, Form 12.901(b)(1). You and your spouse must fill out the blanks and sign this form before a notary public. Note that you must file a Child Support Guidelines Worksheet with this form.
- With property but no children. Form 12.902(f)(2) Use this form if you filed a Petition of Marriage with Property but no Dependent or Minor Child(ren). It has sections about marital assets and liabilities that the spouses agreed upon. After completing and notarizing this document, file it with the circuit court clerk.
Answer, Waiver, and Request for Copy of Final Judgment of Dissolution of Marriage. Form 12.903(a)
If you are a respondent in a dissolution case, you will need to fill out and file this form if:
- You received a copy of the Petition for Dissolution and other papers; and
- You do not plan to contest the terms in the Petition and don’t want to go to the final hearing.
Sign this document in front of a notary public and take it to the circuit court clerk where your spouse filed a Petition. You also need to serve a copy on the petitioner.
Notice of Hearing (General). Form 12.923
Fill out and file this form after you have set the court hearing date. Fill in the information about the date, time, and place of the hearing. This data should be provided to you by the court. Then, send a copy to the other party by mail or hand delivery.
Uniform Child Custody Jurisdiction and Enforcement Affidavit. Form 902(d)
This form aims to provide information about all minor and dependent children and establish the need for child custody and time-sharing. You should file this document even if you and your spouse agree on child-related issues. Remember to sign and notarize this affidavit before filing it with the court.
A Parenting Plan outlines each parent’s rights and responsibilities regarding their minor children after divorce. This paper contains recommendations for the court and may be approved or rejected.
- Parenting Plan. Form 12.995(a) You will definitely need to fill out this document if you pursue an uncontested divorce, have no concerns about the child’s safety, and neither parent plans to relocate. Note that both parents must sign this form before a notary public. Then, file the original with the clerk and leave a copy for your own use.
- Supervised/Safety-Focused Parenting Plan. Form 12.995(b) If you fear your child will be unsafe with another parent, fill out this Parenting Plan. It has specific sections with time-sharing (restricted, supervised, or absent) and level of supervision. If you can’t reach an agreement with your spouse, each of you can file a separate Parenting Plan anytime before the final hearing.
- Relocation/Long-Distance Parenting Plan. Form 12.995(c) Use this form if you plan to relocate yourself or together with children if you request primary custody. The relocation distance should be more than 50 miles from where you and your children currently live. Among other things, you will need to specify the time-sharing schedule and methods of communication with children.
Child Support Guidelines Worksheet. Form 12.902(e)
All couples with minor children must complete this worksheet and file it with the clerk. It must also come with financial affidavits from both spouses. After you’ve filed the worksheet, make sure to serve a copy to your spouse.
This form contains tables where you must enter monthly income, basic total and individual obligations, additional support payments, etc. In addition, you must use the most recent child support guidelines chart to determine financial obligation.
Income deduction forms.
- Income Deduction Order. Form 12.996(a) You will need an income deduction order if your divorce terms include financial support, e.g., child support or alimony. It specifies deduction amounts and duration of support. After completion, send this form to your spouse or their attorney. If they don’t have objections, send the original order to the judge assigned to your case.
- Notice to Payor. Form 12.996(b) This document is a set of formal instructions to the payor and doesn’t require much information to fill out. You must complete it and file it with the clerk. Then, send copies of the Notice to Payor and the Income Deduction Order by certified mail to the other party.
- Notice of Filing Return Receipt. Form 12.996(c) Fill out this form when you receive the return receipt from the post office after sending copies of Form 12.996(b). As always, file this form with the same clerk’s office as all other papers and give a copy to the other party.
- Florida Addendum to Income Withholding Order. Form 12.996(d) Use this form if the court ordered that support in your case should be paid by income deduction. It is a notice to the payor’s employer with instructions on the manner and timeline for deducting certain amounts of income from their employee. This document should be filed with the Income Withholding for Support form.
- Federal Income Withholding for Support (IWO) Form. OMB 0970-0154 This form contains the obligor’s employer information, the amounts to withhold, and other details about the obligor and the withholder. Complete and file this document along with Form 12.996(d). After the judge signs them, send copies to the obligor’s employer, with a return receipt requested.
As you can see, you’ll need to complete quite a few forms, most of which consist of two to seven pages, not to mention the amount of information you must fill out.
In other words, it means many hours of work and a lot of room for mistakes.
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