Form 12.901(B)(1) "Petition for Dissolution of Marriage With Dependent or Minor Child(Ren)" - Florida

What Is Form 12.901(B)(1)?

This is a legal form that was released by the Florida Circuit Court - a government authority operating within Florida. As of today, no separate filing guidelines for the form are provided by the issuing department.

Form Details:

  • Released on February 1, 2018;
  • The latest edition provided by the Florida Circuit Court;
  • Easy to use and ready to print;
  • Quick to customize;
  • Compatible with most PDF-viewing applications;
  • Fill out the form in our online filing application.

Download a fillable version of Form 12.901(B)(1) by clicking the link below or browse more documents and templates provided by the Florida Circuit Court.

ADVERTISEMENT
ADVERTISEMENT

Download Form 12.901(B)(1) "Petition for Dissolution of Marriage With Dependent or Minor Child(Ren)" - Florida

Download PDF

Fill PDF online

Rate (4.8 / 5) 62 votes
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)
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.
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)