Fill in a Valid Florida Divorce Decree Form Launch Florida Divorce Decree Editor

Fill in a Valid Florida Divorce Decree Form

The Florida Divorce Decree form is a legal document used to finalize the dissolution of a marriage when children are involved. This form is essential for couples who have dependent or minor children together, or when one spouse is pregnant. Understanding how to properly complete and file this form is crucial for navigating the divorce process in Florida.

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Key takeaways

Key Takeaways for Using the Florida Divorce Decree Form:

  • This form is required when filing for divorce if you have minor children or if your spouse is pregnant.
  • Proper notification of your spouse is crucial. Use personal service if possible; otherwise, consider constructive service.
  • After serving your spouse, they have 20 days to respond. Depending on their response, your case may proceed as default, uncontested, or contested.
  • Complete all necessary forms and disclosures, such as the Parenting Plan and Child Support Guidelines Worksheet, to ensure your case moves forward smoothly.

Common mistakes

  1. Incorrect Residency Information: Failing to confirm that either you or your spouse has lived in Florida for at least six months before filing.

  2. Improper Form Completion: Not typing or printing the form in black ink, which is a requirement for submission.

  3. Missing Notarization: Forgetting to sign the form in front of a notary public or deputy clerk before filing.

  4. Neglecting to Notify Spouse: Failing to properly notify your spouse of the petition, which is crucial for the case to proceed.

  5. Using Incorrect Service Method: Choosing personal service when constructive service is more appropriate due to the spouse's location.

  6. Omitting Required Documents: Not including necessary forms such as the Family Law Financial Affidavit or Child Support Guidelines Worksheet.

  7. Ignoring Alimony Requests: Not requesting alimony in writing within the original petition, leading to a waiver of that request.

  8. Inadequate Parenting Plan: Failing to provide a Parenting Plan if children are involved, which is mandatory in all cases with minor children.

  9. Not Following E-Filing Rules: Overlooking the requirement to file documents electronically, where applicable, according to the local rules.

  10. Missing Financial Disclosure: Not completing or filing the Certificate of Compliance with Mandatory Disclosure, which can delay proceedings.

Misconceptions

Here are some common misconceptions about the Florida Divorce Decree form:

  • It's only for couples without children. This form is specifically designed for couples who have a dependent or minor child(ren) together or if one spouse is pregnant.
  • You can file without living in Florida for six months. Both spouses must have lived in Florida for at least six months before filing for a divorce in the state.
  • Filing electronically is mandatory for everyone. While e-filing is required for many, self-represented litigants can choose whether to file electronically or not.
  • Constructive service is always an option. Constructive service can only be used if you do not know where your spouse lives. It may not allow for certain types of relief, such as spousal or child support.
  • Alimony is guaranteed in every divorce. Alimony is not automatically awarded. It must be specifically requested in writing in the original petition.
  • Child support amounts are the same for everyone. Child support calculations depend on various factors, including both parents' incomes and the time the child spends with each parent.
  • A parenting plan is optional. A parenting plan is required in all cases involving minor or dependent child(ren) and must be approved by the court.

Different PDF Forms

Similar forms

  • Petition for Dissolution of Marriage Without Dependent or Minor Children: Similar to the Florida Divorce Decree, this form is used when a couple is seeking a divorce without children involved. The process for filing is similar, but it does not require child-related documentation.
  • Marital Settlement Agreement: This document outlines the terms agreed upon by both spouses regarding asset division, child custody, and support. It is often filed alongside the Divorce Decree to finalize the terms of the divorce.
  • Parenting Plan: Required when minor children are involved, this plan details custody arrangements and visitation schedules. It is integral to the Divorce Decree, ensuring the children's best interests are prioritized.
  • Family Law Financial Affidavit: This form provides a financial snapshot of each spouse, including income and expenses. It is necessary for determining child support and alimony, and is often filed with the Divorce Decree.
  • Child Support Guidelines Worksheet: Used to calculate the appropriate amount of child support based on both parents' incomes and the needs of the children. This form complements the Divorce Decree by ensuring financial obligations are clear.
  • Notice of Hearing: This document notifies both parties of the scheduled court hearing regarding the divorce. It is essential for ensuring that both spouses are informed and can attend the proceedings related to the Divorce Decree.
  • Affidavit of Diligent Search and Inquiry: If a spouse cannot be located for service of process, this affidavit documents efforts made to find them. It is crucial for proceeding with the Divorce Decree when one party is unreachable.
  • Certificate of Compliance with Mandatory Disclosure: This certificate verifies that both parties have shared necessary financial documents as required by law. It is often required for the Divorce Decree to ensure transparency in financial matters.
  • Final Judgment of Dissolution of Marriage: This is the official court order that finalizes the divorce. It can be contested or uncontested, depending on whether the parties reached an agreement. It serves as the culmination of the Divorce Decree process.

File Overview

Fact Name Details
Purpose This form is used for filing a divorce when there are dependent or minor children involved.
Residency Requirement At least one spouse must have lived in Florida for a minimum of six months before filing.
Filing Process The original form must be filed with the clerk of the circuit court, and a copy should be kept for personal records.
Notification The petitioner must properly notify the respondent spouse of the petition using personal or constructive service.
Response Time If served personally, the respondent has 20 days to respond to the petition.
Electronic Filing All documents must be filed electronically, as required by Florida Rules of Judicial Administration.
Child Support Guidelines Florida uses guidelines based on combined parental income to determine child support obligations.
Alimony Request Alimony must be requested in writing within the original petition; failure to do so waives the right to request it later.

How to Fill Out Florida Divorce Decree

Completing the Florida Divorce Decree form is an essential step in initiating your divorce process when minor children are involved. After filling out the form, you will need to follow specific procedures to ensure your spouse is properly notified and the case can move forward. Here’s how to fill out the form step by step.

  1. Obtain the Florida Divorce Decree form (Florida Supreme Court Approved Family Law Form 12.901(b)(1)).
  2. Type or print the form in black ink.
  3. Fill in your name and address at the top of the form.
  4. Provide your spouse's name and address in the designated section.
  5. Indicate whether you and your spouse have any dependent or minor children together or if your spouse is pregnant.
  6. Complete the section regarding the date of marriage and the date of separation.
  7. List any marital assets and liabilities in the appropriate sections.
  8. Specify your requests regarding child custody, child support, and alimony if applicable.
  9. Sign the form in the presence of a notary public or deputy clerk.
  10. Make a copy of the completed form for your records.
  11. File the original form with the clerk of the circuit court in your county.

Once you have submitted the form, you must notify your spouse of the petition. This can be done through personal service or, if necessary, constructive service. Following this, your case will proceed based on your spouse's response.

Crucial Queries on This Form

What is the Florida Divorce Decree form?

The Florida Divorce Decree form is a legal document used to officially dissolve a marriage in Florida. It is specifically designed for cases where the couple has dependent or minor children, or if one spouse is pregnant. This form outlines the terms of the divorce, including child custody, support, and division of assets.

When should I use this form?

You should use this form when you and your spouse have dependent or minor children together, or if one spouse is pregnant. Additionally, either you or your spouse must have lived in Florida for at least six months before filing for divorce in the state.

How do I file the Florida Divorce Decree form?

After completing the form, you must sign it in front of a notary public or deputy clerk. Then, file the original document with the clerk of the circuit court in your county. It’s also a good idea to keep a copy for your own records.

What if I cannot locate my spouse?

If you cannot find your spouse, you may use constructive service. This is a method of notifying your spouse through public means, such as publishing a notice in a local newspaper. However, this method may limit the relief the court can grant, particularly regarding child support and alimony. If your spouse is in the military, additional steps may be required for proper service.

What happens after I file the form?

Once you file the form, your spouse has 20 days to respond if served personally. Depending on their response, your case may proceed in one of three ways:

  1. Default: If your spouse does not respond, you can file a Motion for Default.
  2. Uncontested: If your spouse agrees with your petition, you can set a final hearing.
  3. Contested: If your spouse disagrees, you may need to go to trial after attempting mediation.

What if I cannot afford the filing fee?

If you cannot pay the filing fee, you can fill out an Application for Determination of Civil Indigent Status. This form can be obtained from the clerk’s office, and it will determine if you qualify for a fee waiver.

What documents do I need to file along with the Divorce Decree form?

Along with the Divorce Decree form, you may need to file several other documents, including:

  • Uniform Child Custody Jurisdiction and Enforcement Act (UCCJEA) Affidavit
  • Child Support Guidelines Worksheet
  • Family Law Financial Affidavit
  • Parenting Plan
  • Marital Settlement Agreement (if applicable)

Can I get alimony through this process?

Yes, you can request alimony in your original petition. The court will consider your needs and your spouse's ability to pay. If you do not request it in writing before the final hearing, you may lose the right to ask for it later.

What is a Parenting Plan, and do I need one?

A Parenting Plan outlines how you and your spouse will share parental responsibilities and time with your children. In cases involving minor children, the court requires a Parenting Plan to be established or approved. If you and your spouse cannot agree on one, the court will create a plan based on the children's best interests.

Documents used along the form

When navigating the divorce process in Florida, several important documents accompany the Florida Divorce Decree form. Each of these forms plays a crucial role in ensuring that the divorce proceedings are handled correctly and efficiently. Below is a list of commonly used forms that you may need to consider.

  • Petition for Dissolution of Marriage: This is the initial document filed to start the divorce process. It outlines the reasons for the divorce and requests the court to dissolve the marriage.
  • Marital Settlement Agreement: If both parties agree on the terms of the divorce, this document details the agreed-upon arrangements regarding asset division, alimony, and child custody.
  • Parenting Plan: Required in cases involving minor children, this plan outlines the custody and visitation arrangements. It ensures that the best interests of the child are prioritized.
  • Child Support Guidelines Worksheet: This worksheet helps calculate the appropriate amount of child support based on the parents' incomes and the time-sharing schedule.
  • Family Law Financial Affidavit: This form provides the court with a detailed account of each party's financial situation, including income, expenses, assets, and liabilities.

Understanding these documents can help streamline the divorce process and ensure that all necessary information is provided to the court. It is always advisable to review each form carefully and seek assistance if needed.