File a petition for Dissolution of Marriage Florida Family
Law Form 12.901(a), (b)(1), (b)(2), or (b)(3) with the Clerk of the Court. The following is from the (b)(2) version.
For your case to
proceed, you must properly notify your spouse of the petition.
If you know where he or she lives, you should use personal
service. If personal service
is used, the respondent 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 call 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 the respondent 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 the respondent 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).
With this form, you
must also file the following:
·
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 No Dependent or Minor Child(ren),
Florida Supreme Court Approved Family Law Form 12.902(f)(2), 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 within 45 days of service
of the petition on the respondent, if not filed at the time of the petition.)
·
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.)
Alimony...
Alimony may be awarded to a spouse if the judge finds that he or
she needs it and that the other spouse has the ability to pay it. If
you want alimony, you must request it in writing in the original petition or
counterpetition. If you do not request alimony in writing before the final hearing,
it is waived (you may not request it later). You may request
either permanent alimony,
lump sum alimony, or rehabilitative
alimony.
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 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, or temporary
alimony, you may file a Motion for Temporary Support with No
Dependent or Minor Child(ren), Florida Supreme Court Approved Family Law
Form 12.947(c).
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 Property But
No Dependent or Minor Child(ren), Florida Supreme Court Approved Family Law
Form 12.902(f)(2). Both
husband and wife 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.
Final
Judgment Form... These family law forms contain a Final
Judgment of Dissolution of
Marriage
with Property but No Dependent or Minor Child(ren),
Florida Supreme Court Approved Family Law Form
12.990(c)(2), 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 Property but No Dependent or Minor
Child(ren) (Uncontested), Florida Supreme Court Approved Family Law
Form 12.990(b)(2). 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.
