Fill and Sign the Fl Dissolution Marriage Form

INSTRUCTIONS FOR FLORIDA SUPREME COURT APPROVED FAMILY LAW FORM 12.901(b)(2) PETITION FOR DISSOLUTION OF MARRIAGE WITH PROPERTY BUT NO DEPENDENT OR MINOR CHILD(REN) (02/18) When should this form be used? This form may be used when you are fiing for a dissolution of marriage , and you and your spouse have marital assets and/or marital liabilities, but you do not have any minor or dependent chiidren and neither of you is pregnant. You or your spouse must have iived in Fiorida for at ieast 6 months before fiing for a dissoiution in Fiorida. If you and your spouse agree on aii issues and both can attend the hearing, you may want to fie a Petition for Simplifed Dissolution of Marriage , Fiorida Famiiy Law Ruies of Procedure Form 12.901(a); however, you cannot fie a Petition for a Simpiifed Dissoiution of Marriage if any of the foiiowing are true:  You disagree about property, debts, or other matters and wish to have a judge settie them for you.  Either you or your spouse is seeking spousai support ( alimony ).  You wouid iike to ask questions and get documents concerning your spouse’s income, expenses, assets, debts, or other matters before having a triai or settiement.  You wouid iike to reserve your rights to have any matters reconsidered or appeai the judge’s decision. This form shouid be typed or printed in biack ink. After compieting this form, you shouid sign the form before a notary public or deputy clerk . You shouid fie the originai with the clerk of the circuit court in the county where you iive and keep a copy for your records. Because you are fiing the petition in this proceeding, you may aiso be referred to as the petitioner and your spouse as the respondent . IMPORTANT INFORMATION REGARDING E-FILING The Fiorida Ruies of Judiciai Administration now require that aii petitions, pieadings, and documents be fied eiectronicaiiy except in certain circumstances. Self- represented litigants may fle petitions or other pleadings or documents electronically; however, they are not required to do so. If you choose to fie your pieadings or other documents eiectronicaiiy, you must do so in accordance with Fiorida Ruie of Judiciai Administration 2.525, and you must foiiow the procedures of the judiciai circuit in which you fie. The rules and procedures should be carefully read and followed. What should I do next? For your case to proceed, you must properiy notify your spouse of the petition . If you know where he or she iives, you shouid use personal service . If you Instructions for Fiorida Supreme Court Approved Famiiy Law Form 12.901(b)(2), Petition for Dissoiution of Marriage with Property but No Dependent or Minor Chiid(ren) (02/18) absoiuteiy do not know where he or she iives, you may use constructive service . You may aiso be abie 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 oniy grant iimited reiief which cannot inciude spousai support (aiimony). For more information on constructive service, see Notice of Action for Dissolution of Marriage (No Child or Financial Support) , Fiorida Supreme Court Approved Famiiy Law Form 12.913(a)(1), and Affidavit of Diligent Search and Inquiry , Fiorida Famiiy Law Ruies of Procedure Form 12.913(b). If your spouse is in the miiitary service of the United States, additionai steps for service may be required. See, for exampie, Memorandum for Certifcate of Military Service , Fiorida Supreme Court Approved Famiiy Law Form 12.912(a) and Affidavit of Military Service , Fiorida Supreme Court Approved Famiiy Law Form 12.912(b). In sum, the iaw regarding constructive service and service on an individuai in the miiitary service is very compiex and you may wish to consuit an attorney regarding these issues. If personai service is used, your spouse has 20 days to answer after being served with your petition. Your case wiii then generaiiy proceed in one of the foiiowing three ways: DEFAULT . If after 20 days, your spouse has not fied an answer , you may fie a Motion for Default , Fiorida Supreme Court Approved Famiiy Law Form 12.922(a), with the cierk of court. Then, if you have fied aii of the required papers, you may contact the cierk, family law intake staf , or judicial assistant to set a fnal hearing . You must notify your spouse of the hearing by using a Notice of Hearing (Generai), Fiorida Supreme Court Approved Famiiy Law Form 12.923, or other appropriate notice of hearing form. UNCONTESTED . If your spouse fies an answer that agrees with everything in your petition or an answer and waiver, and you have compiied with mandatory disclosure and fied aii of the required papers, you may contact the cierk, famiiy iaw intake staf, or judiciai assistant to set a fnai hearing. You must notify your spouse of the hearing by using a Notice of Hearing (General), Fiorida Supreme Court Approved Famiiy Law Form 12.923, or other appropriate notice of hearing form. CONTESTED . If your spouse fies an answer or an answer and counterpetition, which disagrees with or denies anything in your petition, and you are unabie to settie the disputed issues, you shouid fie a Notice for Trial , Fiorida Supreme Court Approved Famiiy Law Form 12.924, after you have compiied with mandatory disciosure and fied aii of the required papers. Some circuits may require the compietion of mediation before a fnai hearing may be set. You shouid contact the cierk, famiiy iaw intake staf, or judiciai assistant for instructions on how to set your case for triai (fnai hearing). If your spouse fies an answer and counterpetition, you shouid answer the counterpetition within 20 days using an Answer to Counterpetition , Fiorida Supreme Court Approved Famiiy Law Form 12.903(d). Where can I look for more information? Instructions for Fiorida Supreme Court Approved Famiiy Law Form 12.901(b)(2), Petition for Dissoiution of Marriage with Property but No Dependent or Minor Chiid(ren) (02/18) 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 defned there. For further information, see chapter 61, Fiorida Statutes. IMPORTANT INFORMATION REGARDING E-SERVICE ELECTION After the initiai service of process of the petition or suppiementai petition by the Sherif or certifed process server, the Fiorida Ruies of Judiciai Administration now require that aii documents required or permitted to be served on the other party must be served by eiectronic maii (e-maii) except in certain circumstances. You must strictly comply with the format requirements set forth in the Rules of Judicial Administration. If you eiect to participate in eiectronic service, which means serving or receiving pieadings by eiectronic maii (e-maii), or through the Fiorida Courts E-Fiiing Portai, you must review Fiorida Ruie of Judiciai Administration 2.516. You may fnd this ruie at www.flcourts.org through the iink to the Ruies of Judiciai Administration provided under either Famiiy Law Forms: Getting Started, or Ruies of Court in the A-Z Topicai Index SELF-REPRESENTED LITIGANTS MAY SERVE DOCUMENTS BY E-MAIL; HOWEVER, THEY ARE NOT REQUIRED TO DO SO . If a seif-represented iitigant eiects to serve and receive documents by e-maii, the procedures must aiways be foiiowed once the initiai eiection is made. To serve and receive documents by e-maii, you must designate your e-maii addresses by using the Designation of Current Mailing and E-mail Address , Fiorida Supreme Court Approved Famiiy Law Form 12.915, and you must provide your e-maii address on each form on which your signature appears. Piease CAREFULLY read the ruies and instructions for: Certifcate of Service (Generai), Fiorida Supreme Court Approved Famiiy Law Form 12.914; Designation of Current Maiiing and E-maii Address, Fiorida Supreme Court Approved Famiiy Law Form 12.915; and Fiorida Ruie of Judiciai Administration 2.516. Special notes... If you do not have the money to pay the fiing fee, you may obtain an Appiication for Determination of Civii Indigent Status from the cierk, fii it out, and the cierk wiii determine whether you are eiigibie to have fiing fees deferred. If you want to keep your address confdentiai because you are the victim of sexuai battery, aggravated chiid abuse, aggravated staiking, harassment, aggravated battery, or domestic vioience, do not enter the address, teiephone, and fax information at the bottom of this form. Instead, fie a Request for Confdential Filing of Address , Fiorida Supreme Court Approved Famiiy Law Form 12.980(h). With this form, you must aiso fie the foiiowing:  Affidavit of Corroborating Witness , Fiorida Supreme Court Approved Famiiy Law Form 12.902(i) OR photocopy of current Fiorida driver’s iicense, Fiorida identifcation card, or voter’s registration card (issue date of copied Instructions for Fiorida Supreme Court Approved Famiiy Law Form 12.901(b)(2), Petition for Dissoiution of Marriage with Property but No Dependent or Minor Chiid(ren) (02/18) document must be at ieast six months before date case is actuaiiy fied with the cierk of the circuit court).  Marital Settlement Agreement for Dissolution of Marriage with No Dependent or Minor Child(ren), Fiorida Supreme Court Approved Famiiy Law Form 12.902(f)(2), if you and your spouse have reached an agreement on any or aii of the issues.  Notice of Social Security Number , Fiorida Supreme Court Approved Famiiy Law Form 12.902(j).  Family Law Financial Affidavit , Fiorida Famiiy Law Ruies of Procedure Form 12.902(b) or (c). (This must be fied within 45 days of service of the petition on the respondent, if not fied at the time of the petition.)  Certifcate of Compliance with Mandatory Disclosure , Fiorida Famiiy Law Ruies of Procedure Form 12.932. (This must be fied within 45 days of service of the petition on the respondent, if not fied at the time of the petition, uniess you and your spouse have agreed not to exchange these documents.) Alimony . Aiimony may be awarded to a spouse if the judge fnds that one spouse has an actuai need for it and aiso fnds that the other spouse has the abiiity 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 fnal 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 aiimony is awarded, the judge may order periodic payments, payments in iump sum, or both. Marital/Nonmarital Assets and Liabilities . Fiorida iaw requires an equitable distribution of marital assets and marital liabilities . “Equitabie” does not necessariiy mean “equai.” Many factors, inciuding aiimony awards, may iead the court to make an unequai (but stiii equitabie) distribution of assets and iiabiiities. Nonmarital assets and nonmarital liabilities are those assets and iiabiiities which the parties agree or the court determines beiong to, or are the responsibiiity of, oniy one of the parties. If the parties agree or the court fnds an asset or iiabiiity to be nonmaritai, the judge wiii not consider it when distributing maritai assets and iiabiiities. Temporary Relief. If you need temporary reiief regarding temporary use of assets, temporary responsibiiity for iiabiiities, or temporary aiimony, you may fie a Motion for Temporary Support with No Dependent or Minor Child(ren) , Fiorida Supreme Court Approved Famiiy Law Form 12.947(c). For more information, see the instructions for that form. Marital Settlement Agreement . If you and your spouse are abie to reach an agreement on any or aii of the issues, you shouid fie a Marital Settlement Agreement for Dissolution of Marriage with Property But No Dependent or Minor Child(ren), Fiorida Supreme Court Approved Famiiy Law Form 12.902(f)(2). Both spouses must sign this agreement before a notary public or deputy clerk . Any issues on which you are unabie to agree wiii be considered contested and settied by the judge at the fnai hearing. Instructions for Fiorida Supreme Court Approved Famiiy Law Form 12.901(b)(2), Petition for Dissoiution of Marriage with Property but No Dependent or Minor Chiid(ren) (02/18) Final Judgment Forms . These famiiy iaw forms contain a Final Judgment of Dissolution of Marriage with Property but No Dependent or Minor Child(ren), Fiorida Supreme Court Approved Famiiy 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 aii of the issues, the judge may use a Final Judgment of Dissolution of Marriage with Property but No Dependent or Minor Child(ren) (Uncontested), Fiorida Supreme Court Approved Famiiy Law Form 12.990(b)(2). You shouid check with the cierk, famiiy iaw intake staf, or judiciai assistant to see if you need to bring a fnai judgment with you to the hearing. If so, you shouid type or print the heading, inciuding the circuit, county, case number, division, and the parties’ names, and ieave the rest biank for the judge to compiete at your hearing or triai. Nonlawyer . Remember, a person who is NOT an attorney is caiied a noniawyer. If a noniawyer heips you fii out these forms, that person must give you a copy of a Disclosure from Nonlawyer , Fiorida Famiiy Law Ruies of Procedure Form 12.900 (a), before he or she heips you. A noniawyer heiping you fii out these forms aiso must put his or her name, address, and teiephone number on the bottom of the iast page of every form he or she heips you compiete. Instructions for Fiorida Supreme Court Approved Famiiy Law Form 12.901(b)(2), Petition for Dissoiution of Marriage with Property but No Dependent or Minor Chiid(ren) (02/18) IN THE CIRCUIT COURT OF THE _____________________ JUDICIAL CIRCUIT, IN AND FOR ______________________________ COUNTY, FLORIDA Case No: ________________________ In re: The Marriage of: Division: ________________________ _________________________________, Petitioner, and _________________________________, Respondent. PETITION FOR DISSOLUTION OF MARRIAGE WITH PROPERTY BUT NO DEPENDENT OR MINOR CHILD(REN) I, {full legal name} ______________________________________________________, the Petitioner, being sworn, certify that the foiiowing statements are true: 1. JURISDICTION/RESIDENCE _____ Petitioner _____ Respondent _____ Both has (have) iived in Fiorida for at ieast 6 months before the fiing of this Petition for Dissoiution of Marriage. 2. Petitioner _____ is or _____ is not a member of the miiitary service. Respondent _____ is or _____ is not a member of the miiitary service. 3. MARRIAGE HISTORY Date of marriage : {month, day, year} _________________________ Date of separation: {month, day, year} ________________________ {____Indicate if approximate} Piace of marriage: {county, state, country} ____________________________________________ 4. THERE ARE NO MINOR (under 18) OR DEPENDENT CHILD(REN) COMMON TO BOTH PARTIES AND NEITHER SPOUSE IS PREGNANT. 5. A compieted Notice of Sociai Security Number, Fiorida Supreme Court Approved Famiiy Law Form 12.902(j), is fied with this petition. 6. THIS PETITION FOR DISSOLUTION OF MARRIAGE SHOULD BE GRANTED BECAUSE: _____ The marriage is irretrievabiy broken. OR Fiorida Supreme Court Approved Famiiy Law Form 12.901(b)(2), Petition for Dissoiution of Marriage with Property but No Dependent or Minor Chiid(ren) (02/18) _____ One of the parties has been adjudged mentaiiy incapacitated for a period of 3 years before the fiing of this petition. A copy of the Judgment of Incapacity is attached. Fiorida Supreme Court Approved Famiiy Law Form 12.901(b)(2), Petition for Dissoiution of Marriage with Property but No Dependent or Minor Chiid(ren) (02/18) SECTION I. MARITAL ASSETS AND LIABILITIES 1. ____ There are no maritai assets or iiabiiities. OR 2. ____ There are maritai assets or iiabiiities. Aii maritai and nonmaritai assets and iiabiiities are (or wiii be) iisted in the fnanciai afdavits, Fiorida Famiiy Law Ruies of Procedure Form 12.902(b) or (c), to be fied in this case . {Indicate all that apply} a. _____ Aii maritai assets and debts have been divided by a written agreement between the parties, which is attached to be incorporated into the fnai judgment of dissoiution of marriage. (The parties may use Maritai Settiement Agreement for Simpiifed Dissoiution of Marriage, Fiorida Famiiy Law Ruies of Procedure Form 12.902(f)(3) or Maritai Settiement Agreement for Dissoiution of Marriage with No Dependent or Minor Chiid(ren), Fiorida Supreme Court Approved Famiiy Law Form 12.902(f)(2)). b. _____ The Court shouid determine how the assets and iiabiiities of this marriage are to be distributed, under section 61.075, Fiorida Statutes. c. Petitioner shouid be awarded an interest in _____ the other spouse’s property because:______________________________________________________________ _____________________________________________________________________________ _____________________________________________________________________________. SECTION II. SPOUSAL SUPPORT (ALIMONY) 1. _____ Petitioner forever gives up any right to spousai support (aiimony) from the other spouse. OR 2. _____ Petitioner requests that the Court order the other spouse to pay the foiiowing spousai support (aiimony) and ciaims that he or she has an actuai need for the support that he or she is requesting and that the other spouse has the abiiity to pay that support. Spousai support (aiimony) is requested in the amount of $ _________ every _____ week _____ other week _____ month, beginning {date} ____________________________________and continuing untii {date or event} _________________________________________________________________________________. Expiain why the Court shouid order the other spouse to pay and any specifc request(s) for type of aiimony (temporary, permanent, bridge-the-gap, durationai, rehabiiitative, and/or iump sum): _________________________________________________________________________________ __________________________________________________________________________________ __________________________________________________________________________________ __________________________________________________________________________________ __________________________________________________________________________________ Fiorida Supreme Court Approved Famiiy Law Form 12.901(b)(2), Petition for Dissoiution of Marriage with Property but No Dependent or Minor Chiid(ren) (02/18) _________________________________________________________________________________. 3._____Other provisions reiating to aiimony inciuding any tax treatment and consequences: ____________________________________________________________________________ ____________________________________________________________________________ _____________________________________________________________________________. 4._____ Petitioner requests iife insurance on the other spouse’s iife, provided by that spouse, to secure such support. SECTION III. OTHER _____Petitioner requests to be known by the foiiowing former iegai name, which was {former legal name} ___________________________________________________________. Other reiief {specify}: _____________________________________________________________________________________ _____________________________________________________________________________________ _____________________________________________________________________________________ _____________________________________________________________________________________ ____________________________________________________________________________________. SECTION IV. REQUEST {This section summarizes what you are asking the Court to include in the fnal judgment of dissolution of marriage.} _____Petitioner requests that the Court enter an order dissoiving the marriage and: [Indicate all that apply] _____ distributing maritai assets and iiabiiities as requested in Section I of this petition; _____ awarding spousai support (aiimony) as requested in Section II of this petition; _____ restoring Petitioner’s former name as requested in Section III of this petition; _____ awarding other reiief as requested in Section III of this petition; and any other terms the Court deems necessary. Fiorida Supreme Court Approved Famiiy Law Form 12.901(b)(2), Petition for Dissoiution of Marriage with Property but No Dependent or Minor Chiid(ren) (02/18) I understand that I am swearing or affirming under oath to the truthfulness of the claims made in this petition and that the punishment for knowingly making a false statement includes fnes and/or imprisonment. Dated: ______________________ _____________________________________________ Signature of Petitioner Printed Name: _________________________________ Address: ______________________________________ City, State, Zip: _________________________________ Teiephone Number: _____________________________ Fax Number: __________________________________ Designated E-maii Address(es): ____________________ STATE OF FLORIDA COUNTY OF ____________________ Sworn to or afrmed and signed before me on ____________ by ________________________________ _____________________________________________ NOTARY PUBLIC or DEPUTY CLERK _____________________________________________ {Print, type, or stamp commissioned name of notary or deputy clerk.} ____Personaiiy known ____Produced identifcation ____Type of identifcation produced ________________________________ IF A NONLAWYER HELPED YOU FILL OUT THIS FORM, HE/SHE MUST FILL IN THE BLANKS BELOW: [fii in aii bianks This form was prepared for the Petitioner. This form was compieted with the assistance of: {name of individual} ___________________________________________________________________, {name of business} ____________________________________________________________________, {address} ____________________________________________________________________________, {city} _______________,{state} _____{zip code}___________,{telephone number} _________________. Fiorida Supreme Court Approved Famiiy Law Form 12.901(b)(2), Petition for Dissoiution of Marriage with Property but No Dependent or Minor Chiid(ren) (02/18)