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Florida Petition For Simplified Dissolution of Marriage


Florida Petition For Simplified Dissolution of Marriage
Florida Petition For Simplified Dissolution of Marriage
INSTRUCTIONS FOR FLORIDA FAMILY LAW RULES OF PROCEDURE FORM
12.901(a), PETITION FOR SIMPLIFIED DISSOLUTION OF MARRIAGE
(10/11)
When should this form be used
This form should be used when a husband and wife are filing for a simplified dissolution of
marriage. You and/or your spouse must have lived in Florida for at least 6 months before filing
for a dissolution in Florida. You may file a simplified dissolution of marriage in Florida if all of
the following are true:
You and your spouse agree that the marriage cannot be saved.
You and your spouse have no minor or dependent child(ren) together, the wife does not
have any minor or dependent children born during the marriage, and the wife is not
now pregnant.
You and your spouse have worked out how the two of you will divide the things that you
both own (your assets) and who will pay what part of the money you both owe (your
liabilities), and you are both satisfied with this division.
You are not seeking support (alimony) from your spouse, and vice versa.
You and your spouse have filed financial affidavits with the court or you have waived the
filing of financial affidavits and you are satisfied with the financial disclosure received
from the other spouse.
You are willing to give up your right to trial and appeal.
You and your spouse are both willing to go into the clerk’s office to sign the petition (not
necessarily together).
You and your spouse are both willing to go to the final hearing (at the same time).
If you do not meet the criteria above, you must file a regular petition for dissolution of
marriage.
This petition should be typed or printed in black ink. Each of you must sign the petition in the
presence of a deputy clerk (in the clerk’s office), although you do not have to go into the clerk’s
office at the same time. You will need to provide picture identification (valid driver’s license or
official identification card) for the clerk to witness your signatures.
What should I do next
1. After completing this form, 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.
If you did not waive the filing of a financial affidavit in the petition, each of you must file a
Financial Affidavit. Florida Family Law Rules of Procedure Form 12.902(b) or (c). You may
document your agreement by signing a Marital Settlement Agreement, Florida Family Law
Rules of Procedure Form 12.902(f)(3) and filing it with the clerk of the circuit court or you
Instructions for Florida Family Law Rules of Procedure Form 12.901(a), Petition for Simplified Dissolution of
Marriage (10/11)
Florida Petition For Simplified Dissolution of Marriage
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