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Florida Petition For Dissolution of Marriage With Dependent Or Minor Child(Ren)

This Florida petition for dissolution of marriage with dependent or minor child (ren) is provided for petitioners with child (ren).

Florida Petition For Dissolution of Marriage With Dependent Or Minor Child(Ren)
Florida Petition For Dissolution of Marriage With Dependent Or Minor Child(Ren)
Instructions for Florida Supreme Court Approved Family Law Form 12.901(b)(1), Petition for Dissolution
of Marriage with Dependent or Minor Child(ren) (05/12)
INSTRUCTIONS FOR FLORIDA SUPREME COURT APPROVED FAMILY LAW
FORM 12.901(b)(1), PETITION FOR DISSOLUTION OF MARRIAGE WITH
DEPENDENT OR MINOR CHILD(REN) (05/12)
When should this form be used
This form should be used when a husband or wife is filing for a dissolution of marriage and you and your
spouse have a dependent or minor child(ren) together or the wife is pregnant. You and/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 the wife 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.
What should I do next
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 you absolutely do not know where he or she 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(b). 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.
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 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.
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 call the clerk, family law intake staff, or judicial assistant to set a final hearing. You
Florida Petition For Dissolution of Marriage With Dependent Or Minor Child(Ren)
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