Amendments to the Family Law Forms

March 1, 2018 Notices

Amendments to the Family Law Forms

The Florida Supreme Court recently adopted amendments to the Florida Supreme Court Approved Family Law Forms, on its own motion. See In re: Amendments to the Florida Supreme Court Approved Family Law Forms—Nomenclature, No. SC17-1948 (Fla. Feb. 1, 2018). The amendments replace gendered terms with gender-neutral terms, so that the forms are appropriate for use in the context of both opposite-sex and same-sex marriages, following the United States Supreme Court’s decision in Obergefell v. Hodges, 135 S. Ct. 2584 (2015). They also ensure that clear, concise, and consistent language is used across similar forms, and that the General Instructions and Glossary to the forms reflect recent changes to the forms and to harmonize various definitions contained in the forms with those contained in the Glossary. Several existing final judgment forms are amended to separate factual findings from decretals ones, and various forms are amended to reflect recent amendments to the Florida Family Law Rules of Procedure, adopted in In re Amendments to Florida Family Law Rules of Procedure, 214 So. 3d 400 (Fla. 2017). The amendments also add language addressing parental consent to a child’s mental health treatment to several parenting plan forms in accordance with recent amendments to section 61.13(2)(b)3.a., Florida Statutes (2017). Two new forms are also adopted for use in proceedings commenced pursuant to sections 61.09 and 61.10, Florida Statutes (2017).

The Court invites all interested persons to comment on the amendments, which are reproduced in full below, as well as online at www.floridasupremecourt.org/decisions/opinions.shtml. All comments must be filed with the Court on or before April 2, 2018, as well as a separate request for oral argument if the person filing the comment wishes to participate in oral argument, which may be scheduled in this case. If filed by an attorney in good standing with The Florida Bar, the comment must be electronically filed via the Florida Courts E-Filing Portal (Portal) in accordance with In re Electronic Filing in the Supreme Court of Florida via the Florida Courts E-Filing Portal, Fla. Admin. Order No. AOSC13-7 (Feb. 18, 2013). If filed by a nonlawyer or a lawyer not licensed to practice in Florida, the comment may be, but is not required to be, filed via the Portal. Comments filed via the Portal must be submitted in Microsoft Word 97 or higher. See In re Electronic Filing in the Florida Supreme Court, Fla. Admin. Order No. AOSC17-27 (May 9, 2017). Any person unable to submit a comment electronically must mail or hand-deliver the originally signed comment to the Florida Supreme Court, Office of the Clerk, 500 South Duval Street, Tallahassee, Florida 32399-1927; no additional copies are required or will be accepted.

IN THE SUPREME COURT OF FLORIDA

IN RE: AMENDMENTS TO THE FLORIDA SUPREME COURT APPROVED FAMILY LAW FORMS—NOMENCLATURE, CASE NO. SC17-1948

FAMILY LAW FORMS, COMMENTARY, AND INSTRUCTIONS
GENERAL INFORMATION FOR SELF-REPRESENTED LITIGANTS
(02/18)

You should read this General Information thoroughly before taking any other steps to file your case or represent yourself in court. Most of this information is not repeated in the attached forms. This information should provide you with an overview of the court system, its participants, and its processes. It should be useful whether you want to represent yourself in a pending matter or have a better understanding of the way family court works. This is not intended as a substitute for legal advice from an attorney. Each case has its own particular set of circumstances, and an attorney may advise you of what is best for you in your individual situation.

These instructions are not the only place that you can get information about how a family case works. You may want to look at other books for more help. The Florida Statutes, Florida Family Law Rules of Procedure, Florida Rules of Civil Procedure, and other legal information or books may be found at the public library or in a law library at your county courthouse or a law school in your area. If you are filing a petition for Name Change and/or Adoption, these instructions may not apply.

If the word(s) is printed in bold, this means that the word is being emphasized. Throughout these instructions, you will also find words printed in bold and underlined. This means that the definitions of these words may be found in the glossary of common family law terms at the end of this general information section.

Commentary

1995 Adoption. To help the many people in family law court cases who do not have attorneys to represent them (pro se litigants), the Florida Supreme Court added these simplified forms and directions to the Florida Family Law Rules of Procedure. The directions refer to the Florida Family Law Rules of Procedure or the Florida Rules of Civil Procedure. Many of the forms were adapted from the forms accompanying the Florida Rules of Civil Procedure. Practitioners should refer to the committee notes for those forms for rule history.

The forms were adopted by the Court pursuant to Family Law Rules of Procedure, 667 So. 2d 202 (Fla. 1995); In re Petition for Approval of Forms Pursuant to Rule 10-1.1(b) of the Rules Regulating the Florida Bar—Stepparent Adoption Forms, 613 So. 2d 900 (Fla. 1992); Rules Regulating the Florida Bar—Approval of Forms, 581 So. 2d 902 (Fla. 1991).

Although the forms are part of these rules, they are not all inclusive and additional forms, as necessary, should be taken from the Florida Rules of Civil Procedure as provided in Florida Family Law Rules of Procedure. Also, the following notice has been included to strongly encourage individuals to seek the advice, when needed, of an attorney who is a member in good standing of the Florida Bar.

1997 Amendment. In 1997, the Florida Family Law Forms were completely revised to simplify and correct the forms. Additionally, the appendices were eliminated, the instructions contained in the appendices were incorporated into the forms, and the introduction following the Notice to Parties was created. Minor changes were also made to the Notice to Parties set forth below.

NOTICE TO PARTIES WHO ARE NOT REPRESENTED BY AN ATTORNEY WHO IS A MEMBER IN GOOD STANDING OF THE FLORIDA BAR

If you have questions or concerns about these forms, instructions, commentary, the use of the forms, or your legal rights, it is strongly recommended that you talk to an attorney. If you do not know an attorney, you should call the lawyer referral service listed in the yellow pages of the telephone book under “Attorney.” If you do not have the money to hire an attorney, you should call the legal aid office in your area.

Because the law does change, the forms and information about them may have become outdated. You should be aware that changes may have taken place in the law or court rules that would affect the accuracy of the forms or instructions.

In no event will the Florida Supreme Court, The Florida Bar, or anyone contributing to the production of these forms or instructions be liable for any direct, indirect, or consequential damages resulting from their use.

FAMILY LAW PROCEDURES

Communication with the court. Ex parte communication is communication with the judge with only one party present. Judges are not allowed to engage in ex parte communication except in very limited circumstances, so, absent specific authorization to the contrary, you should not try to speak with or write to the judge in your case unless the other party is present or has been properly notified. If you have something you need to tell the judge, you must ask for a hearing and give notice to the other party or file a written statement in the court file and send a copy of the written statement to the other party.

Filing a case. A case begins with the filing of a petition. A petition is a written request to the court for some type of legal action. The person who originally asks for legal action is called the petitioner and remains the petitioner throughout the case.

A petition is given to the clerk of the circuit court, whose office is usually located in the county courthouse or a branch of the county courthouse. A case number is assigned and an official court file is opened. Delivering the petition to the clerk’s office is called filing a case. A filing fee is usually required.

The Florida Rules of Judicial Administration now require that petitions, pleadings, and documents be filed electronically except in certain circumstances. Self-represented litigants may file a petition or other pleadings, motions, and documents electronically; however, they are not required to do so.

If you choose to file your petition electronically, you must do so in accordance with Florida Rule of Judicial Administration 2.525, and you must follow the procedures of the circuit within which you file. The rules and procedures should be carefully read and followed.

Service of the original petition or supplemental petition . When one party files a petition, motion, or other pleading, the other party must be “served” with a copy of the document. This means that the other party is given proper notice of the pending action(s) and any scheduled hearings. The person against whom the original legal action is being requested is called the respondent, because he or she is expected to respond to the petition. The respondent remains the respondent throughout the case.

Personal service of the petition and summons on the respondent by a deputy sheriff or private process server is required in all original petitions and supplemental petitions, unless constructive service is permitted by law. Personal service may also be required in other actions by some judges.

Constructive Service. If you absolutely do not know where the other party to your case lives or if the other party resides in another state, you may be able to use constructive service ; however, if constructive service is used, other than granting a divorce, the court may only grant limited relief, which cannot include either alimony or child support. For more information on constructive service, see Notice of Action for Dissolution of Marriage (No Child or Financial Support), Florida Supreme Court Approved Family Law Form 12.913(a)(1), Notice of Action for Family Cases with Minor Child(ren), Florida Supreme Court Approved Family Law Form 12.913(a)(2), Affidavit of Diligent Search and Inquiry, Florida Family Law Rules of Procedure Form 12.913(b), and Affidavit of Diligent Search, Florida Family Law Rules of Procedure Form 12.913(c).. Additionally, if the other party 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). In sum, the law regarding constructive service and service on an individual in the military is very complex and you may wish to consult an attorney regarding these issues.

Forms for service of process are included in the Florida Family Law Forms, along with more detailed instructions and information regarding service. The instructions to those forms should be read carefully to ensure that you have properly served the other party. If proper service is not obtained, the court cannot hear your case. Service must be in accordance with Florida Rule of Judicial Administration 2.516.

Subsequent Service : Other than the original or supplemental petitions, any time you file additional pleadings or motions in your case, you must provide a copy to the other party and include a certificate of service. Likewise, the other party must provide you with copies of everything that he or she files . If the other party is represented by an attorney, you should serve the attorney unless service upon the other party is required by the court.

Electronic Service. After the initial service of process of the petitioner 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.gov 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.

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.

Default . After being served with a petition or counterpetition, the other party has 20 days to file a response. If a response to a petition is not filed, the petitioner may file a Motion for Default, Florida Supreme Court Approved Family Law Form 12.922(a), with the clerk. This means that you may proceed with your case and set a final hearing, and a judge will make a decision, even if the other party will not cooperate. For more information, see rule 12.080(c), Florida Family Law Rules of Procedure.

Answer and Counterpetition. After being served, the respondent has 20 days to file an answer admitting or denying each of the allegations contained in the petition. In addition to an answer, the respondent may also file a counterpetition. In a counterpetition, the respondent may request the same or some other relief or action not requested by the petitioner. If the respondent files a counterpetition, the petitioner should then file an Answer to Counterpetition, Florida Supreme Court Approved Family Law Form 12.903(d), and either admit or deny the allegations in the respondent’s counterpetition.

Mandatory disclosure . Rule 12.285, Florida Family Law Rules of Procedure, requires each party in a dissolution of marriage to exchange certain information and documents, and file a Family Law Financial Affidavit, Florida Family Law Rules of Procedure Form 12.902(b) or (c). Failure to make this required disclosure within the time required by the Florida Family Law Rules of Procedure may allow the court to dismiss the case or to refuse to consider the pleadings of the party failing to comply. This requirement also must be met in other family law cases, except adoptions, simplified dissolutions of marriage, enforcement proceedings, contempt proceedings, and proceedings for injunctions for domestic or repeat violence. The Certificate of Compliance with Mandatory Disclosure, Florida Family Law Rules of Procedure Form 12.932, lists the documents that must be given to the other party. For more information see rule 12.285, Florida Family Law Rules of Procedure, and the instructions to the Certificate of Compliance with Mandatory Disclosure, Florida Family Law Rules of Procedure Form 12.932.

Parenting Plan. If your case involves minor or dependent child(ren), a Parenting Plan shall be approved or established by the court. 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). The Parenting Plan shall be developed and agreed to by the parents and approved by a court . If the parents cannot agree, or if the agreed Parenting Plan is not approved, the court must establish a Parenting Plan. The Parenting Plan shall contain a time-sharing schedule and should address the issues regarding the child(ren)’s education, health care, and physical, social, and emotional well-being.

Setting a hearing or trial . Generally, the court will have hearings on motions, final hearings on uncontested or default cases, and trials on contested cases. Before setting your case for final hearing or trial, certain requirements such as completing mandatory disclosure and filing certain papers and having them served on the other party must be met. These requirements vary depending on the type of case and the procedures in your particular jurisdiction. For further information, you should refer to the instructions for the type of form you are filing.

Next, you must obtain a hearing or trial date so that the court may consider your request. You should ask the clerk of court, or family law intake staff about the local procedure for setting a hearing or trial, which you should attend. These family law forms contain orders and final judgments, which the judge may use. You should ask the clerk of court or family law intake staff if you need to bring one of these forms with you to the hearing or trial. 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.

The shaded areas below explain different parts of family law forms. Although each form you use may not contain each part explained below, all forms contain a case style which identifies the judicial circuit and county in Florida in which the case is filed, the division within that circuit to which the case is assigned, the parties in the case, and the number of the case. Some, but not all, forms require that the person signing the form state under oath that what he or she claims in the form is true; those particular forms must be signed in the presence of either a deputy clerk of the court or a notary public who witnesses your signature before notarizing the form. Most forms contain a nonlawyer clause which requests certain information be provided by any person who is not licensed to practice law in the State of Florida who has helped you to complete the form.

Each form that provides a blank space will have instructions on how to fill in the blank. Please follow all

instructions which ask for specific information. Often these instructions appear in italics.

IN THE CIRCUIT COURT OF THE (1) JUDICIAL CIRCUIT,
IN AND FOR (2) COUNTY, FLORIDA

Case No.:

(3)

Division:

(4)

(5) ,

Petitioner,

and

(6) ,

Respondent.

Line 1 The clerk of court can tell you the number of your judicial circuit. Type or print it here.
Line 2 Type or print your county name on line (2).
Line 3 If you are filing an initial petition or pleading, the Clerk of the Court will assign a case number after the case is filed. You should type or print this case number on all papers you file in this case.
Line 4 The clerk of the court can tell you the name of the division in which your case is being filed, and you should type or print it here. Divisions vary from court to court. For example, your case may be filed in the civil division, the family division, or the juvenile division.
Line 5 Type or print the legal name of the person who originally filed the case on line 5. This person is the petitioner because he/she is the one who filed the original petition.
Line 6 Type or print the other party’s legal name on line 6. The other party is the respondent because he/she is responding to the petition.

Some forms require that your signature be witnessed. If so, you must sign the form in the presence of a notary public or deputy clerk (employee of the clerk of the court’s office). When signing the form, you must have a valid photo identification unless the notary knows you personally. You should completely fill in all lines (1 & 3–8) except 2 with the requested information, if applicable. Line 2, the signature line, must be signed in the presence of the notary public or deputy clerk .

DO NOT SIGN OR FILL IN THE PART OF THE FORM WHICH ASKS FOR THE NOTARY’S OR CLERK’S SIGNATURE. This section of the form is to be completed by either the deputy clerk or the notary public who is witnessing your signature.

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 fines and/or imprisonment.

Dated: (1) ______________________(2)____________________

Signature of Petitioner

(3) _______________

Address: (4) ________________ City, State, Zip: (5)

Telephone Number: (6)

Fax Number: (7)

Designated E-mail Address(es): __(8)________________

_____________________________________________

STATE OF FLORIDA

COUNTY OF

Sworn to or affirmed and signed before me on
by.

NOTARY PUBLIC or DEPUTY CLERK

{Print, type, or stamp commissioned name of notary or clerk.}

__ Personally known
__ Produced identification

Type of identification produced

Nonlawyer Clause . The section below should be completed by anyone who helps you fill out these forms but is not an attorney who is a member in good standing of The Florida Bar, which means that he or she is not licensed to practice law in Florida.

IF A NONLAWYER HELPED YOU FILL OUT THIS FORM, HE/SHE MUST FILL IN THE BLANKS BELOW:

[fill in all blanks] This form was prepared for the: {either Petitioner or Respondent; or Husband or Wife}

This form was completed with the assistance of:
{name of individual}________ (1) _______________________________________________________,
{name of business} _____________ (2)___________________________________________________,
{address} (3) ___________________________________________,
{city} (4)___________, {state} (5)_______, {zip code}__ (6)__ ,{ telephone number} _ (7)___________.

Line 1 The nonlawyer who helps you should type or print his or her name on line 1.
Lines 2–7 The nonlawyer’s business name, address, (including street, city, state, zip code, and telephone number) should be typed or printed on lines 2–7.

In addition, a Disclosure from Nonlawyer, Florida Family Law Rules of Procedure Form 12.900(a), should be completed if a nonlawyer assists you. The disclosure is available as a family law form and should be completed before the nonlawyer helps you. This is to be sure that you understand the role and limitations of a nonlawyer. You and the nonlawyer should keep a copy of this disclosure for your records.

FAMILY LAW GLOSSARY OF COMMON TERMS AND DEFINITIONS

Note: The following definitions are intended to be helpful, BUT they are not intended to constitute legal advice or address every possible meaning of the term(s) contained in this glossary.

Affidavit – a written statement in which the facts stated are sworn or affirmed to be true.

Alimony-spousal support which may be ordered by the court in a proceeding for dissolution of marriage. Types of alimony include: bridge-the-gap, durational, rehabilitative, or retroactive, and may be either temporary or permanent. The court may order periodic payments, payments in lump sum, or both. In determining whether to award alimony, the court must determine whether either party has an actual need for alimony and whether the other party has the ability to pay. The court must consider the factors set forth in section 61.08, Florida Statutes, and must make certain written findings. An alimony award may not leave the paying party with significantly less net income than that of the receiving party without written findings of exceptional circumstances.

Answer – written response by a respondent that states whether he or she admits (agrees with) or denies (disagrees with) the allegations in the petition. Any allegations not specifically denied are considered to be admitted.

Appeal – asking a district court of appeal to review the decision in your case. There are strict procedural and time requirements for filing an appeal.

Asset – everything owned by you or your spouse, including property, cars, furniture, bank accounts, jewelry, life insurance policies, businesses, or retirement plans. An asset may be marital or nonmarital, but that distinction is for the court to determine if you and your spouse do not agree.

Attorney – a person with special education and training in the field of law who is a member in good standing of The Florida Bar and licensed to practice law in Florida. An attorney is the only person who is allowed to give you legal advice. An attorney may file your case and represent you in court, or just advise you of your rights before you file your own case. In addition to advising you of your rights, an attorney may tell you what to expect and help prepare you for court. In family law matters, you are not entitled to a court-appointed lawyer, like a public defender in a criminal case. However, legal assistance is often available for those who are unable to hire a private attorney. You may consult the yellow pages of the telephone directory for a listing of legal aid or lawyer referral services in your area, or ask your local clerk of court or family law intake staff what services are available in your area. You may also obtain information from the Florida Supreme Court’s Internet site located at https://www.flcourts.gov.

Bond – money paid to the clerk of court by one party in a case, to be held and paid to an enjoined party in the event that the first party causes loss or damage of property as a result of wrongfully enjoining the other party.

Beneficiary Designation-Florida law provides that a beneficiary designation made by or on behalf of a party providing for the payment or transference of an asset or benefit upon his or her death to the other spouse is void when the final judgment dissolving or declaring a marriage invalid is signed, unless the final judgment specifically states otherwise. Federal law and other statutory provisions may also apply. This includes, but is not limited to, such assets as life insurance policies, annuities, employee benefit plans, individual retirement accounts, and payable-on-death accounts. Whether or not to continue a beneficiary designation is a complex area of the law and you may wish to consult with an attorney.

Bridge-the-Gap Alimony-spousal support which is ordered to assist a party to make the transition from being married to being single. Bridge-the-Gap alimony is designed to assist a party with legitimate, identifiable short-time needs; its length cannot exceed two years and it cannot be modified.

Central Depository-the office of the clerk of court that is responsible for collecting and disbursing court ordered alimony and child support payments. The depository also keeps payment records and files judgments if support is not paid.

Certificate of Service – a document that must be filed whenever a form you are using does not contain a statement for you to fill in showing to whom you are sending copies of the form. Florida Supreme Court Approved Family Law Form 12.914 is the certificate of service form and contains additional instructions.

Certified Copy – a copy of an order or final judgment, certified by the clerk of the circuit court to be an authentic copy.

Certified Mail – mail which requires the receiving party to sign as proof that they received it.

Child Support – money paid from one parent to the other for the benefit of their dependent or minor child(ren).

Clerk of the Circuit Court – elected official in whose office papers are filed, a case number is assigned, and case files are maintained. The clerk’s office usually is located in the county courthouse.

Concurrent Custody-(for the purposes of a petition filed pursuant to chapter 751, Florida Statutes) means that an eligible extended family member is awarded custodial rights to care for a child or children concurrently with the child(ren)’s parent or parents.

Constructive Service – notification of the other party by newspaper publication or posting of notice at designated places when the other party cannot be located for personal service. You may also be able to use constructive service when the other party lives in another state. Constructive service is also called “service by publication.” However, when constructive service is used, the relief the Court may grant is limited; that relief cannot include either alimony or child support. For more information on service, see the instructions for Florida Family Law Rules of Procedure Forms 12.910(a) and 12.913(b) and Florida Supreme Court Approved Family Law Forms 12.913(a)(1) and (2).

Contested Issues – any or all issues upon which the parties are unable to agree and which must be resolved by the judge at a hearing or trial.

Contingent Asset – an asset that you may receive or get later, such as income, tax refund, accrued vacation or sick leave, a bonus, or an inheritance.

Contingent Liability – a liability that you may owe later, such as payments for lawsuits, unpaid taxes, or debts that you have agreed or guaranteed to pay if someone else does not.

Counterpetition – a written request to the court for legal action, which is filed by a respondent after being served with a petition.

Custody Order – a judgment or order incorporating a Parenting Plan is a child custody determination for the purposes of the Uniform Child Custody Jurisdiction and Enforcement Act, the International Child Abduction Remedies Act, 42 U.S.C. ss. 11601 et seq., the Parental Kidnapping Prevention Act, and the Convention on the Civil Aspects of International Child Abduction enacted at the Hague on October 25, 1980.

Default – a failure of a party to respond to the pleading of another party. This failure to respond may allow the court to decide the case without input from the party who did not appear or respond.

Delinquent – late.

Dependent Child(ren) – child(ren) who depend on their parent(s) for support either because they are under the age of 18, have a mental or physical disability that prevents them from supporting themselves, or are in high school, between the ages of 18 and 19, and performing in good faith with a reasonable expectation of graduation before the age of 19.

Deputy Clerk – an employee of the office of the clerk of court, which is usually located in the county courthouse or a branch of the county courthouse.

Dissolution of Marriage – divorce; a court action to end a marriage.

Durational Alimony-spousal support which is ordered to provide economic assistance for a set period of time following a marriage of short or moderate duration or following a marriage of long duration if there is no ongoing need for support on a permanent basis. Durational alimony terminates upon the death of either party or upon remarriage of the party receiving support. It may be modified or terminated, but cannot exceed the length of a marriage.

Electronic Communication – Contact, other than face-to-face contact, facilitated by tools such as telephones, electronic mail or email, webcams, video-conferencing equipment and software or other wired or wireless technologies, or other means of communication to supplement fact-to face contact between a parent and that parent’s minor child.

Enjoined – prohibited by the court from doing a specific act.

Ex Parte – communication with the judge by only one party. In order for a judge to speak with either party, the other party must have been properly notified and have an opportunity to be heard. If you have something you wish to tell the judge, you should ask for a hearing or file information in the clerk of court’s office, with certification that a copy was sent to the other party.

Extended Family Member-(for the purposes of a petition filed pursuant to chapter 751, Florida Statutes) is a person who is either:

2) The stepparent of a minor child if the stepparent is currently married to the parent of the child and is not a party in a pending dissolution, separate maintenance, domestic violence, or other civil or criminal proceeding in any court of competent jurisdiction involving one or both of the child’s parents as an adverse party.

Family Law Intake Staff – a court’s employee(s) who is (are) available to assist you in filing a family law case. Family law intake staff are not attorneys and cannot give legal advice. They may only assist you with filling out the form(s). Your local clerk’s office can tell you if your county has such assistance available.

Filing – delivering a petition, response, motion, or other pleading in a court case to the clerk of court’s office.

Filing Fee – an amount of money, set by law, that the petitioner must pay when filing a case. If you cannot afford to pay the fee, you must file an Application for Determination of Civil Indigent Status, to ask the clerk to file your case without payment of the fee. This form can be obtained from the clerk’s office.

Final Hearing – trial in your case.

Financial Affidavit – a sworn statement that contains information regarding your income, expenses, assets, and liabilities.

Final Judgment – a written document signed by a judge and recorded in the clerk of the circuit court’s office that contains the judge’s decision in your case.

Guardian ad Litem – a neutral person who may be appointed by the court to evaluate or investigate your child’s situation, and file a report with the court about what is in the best interests of your child(ren). Guardians do not “work for” either party. The guardian may interview the parties, visit their homes, visit the child(ren)’s school(s) and speak with teachers, or use other resources to make their recommendation.

Hearing – a legal proceeding before a judge or designated officer (general magistrate or hearing officer) on a motion.

Health Insurance-coverage under a fee-for-service arrangement, health care maintenance organization, or preferred provider organization, and other types of coverage available to either parent, under which medical services could be provided to a minor or dependent child.

Judge – an elected official who is responsible for deciding matters on which you and the other parties in your case are unable to agree. A judge is a neutral person who is responsible for ensuring that your case is resolved in a manner which is fair, equitable, and legal. A judge is prohibited by law from giving you or the other party any legal advice, recommendations, or other assistance, and may not talk to either party unless both parties are present, represented, or at a properly scheduled hearing.

Judicial Assistant – the judge’s personal staff assistant.

Liabilities – everything owed by you or your spouse, including mortgages, credit cards, or car loans. A liability may be marital or nonmarital, but that distinction is for the court to determine if you and your spouse do not agree.

Lump Sum Alimony – money ordered to be paid by one spouse to another in a limited number of payments, often a single payment.

Mandatory Disclosure – items that must be disclosed by both parties except those exempted from disclosure by Florida Family Law Rule 12.285.

Marital Asset – generally, anything that you and/or your spouse acquired or received (by gift or purchase) during the marriage. For example, something you owned before your marriage may be nonmarital. An asset may only be determined to be marital by agreement of the parties or determination of the judge.

Marital Liability – generally, any debt that you and/or your spouse incurred during the marriage. A debt may only be determined to be nonmarital by agreement of the parties or determination of the judge.

Mediator – a person who is trained and certified to assist parties in reaching an agreement before going to court. Mediators do not take either party’s side and are not allowed to give legal advice. They are only responsible for helping the parties reach an agreement and putting that agreement into writing. In some areas, mediation of certain family law cases may be required before going to court.

Modification – a change made by the court in an order or final judgment.

Motion – a request made to the court, other than a petition.

No Contact – a court order directing a party not speak to, call, send mail to, visit, or go near his or her spouse, ex-spouse, child(ren), or other family member.

Nonlawyer – a person who is not a member in good standing of The Florida Bar.

Nonmarital Asset – generally, anything owned separately by you or your spouse. An asset may only be determined to be nonmarital by either agreement of the parties or determination of the judge.

Nonmarital Liability – generally, any debt that you or your spouse incurred before your marriage or since your separation. A debt may only be determined to be nonmarital by either agreement of the parties or determination of the judge.

Nonparty – a person who is not the petitioner or respondent in a court case.

Notary Public – a person authorized to witness signatures on court related forms.

Obligee – a person to whom money, such as child support or alimony, is owed.

Obligor – a person who is ordered by the court to pay money, such as child support or alimony.

Order – a written decision, signed by a judge and filed in the clerk of the circuit court’s office, that contains the judge’s decision on part of your case, usually on a motion.

Original Petition – see Petition.

Parenting Course – a class that teaches parents how to help their child(ren) cope with divorce and other family issues.

Parenting Plan – a document created to govern the relationship between the parents relating to the decisions that must be made regarding the minor child(ren). The Parenting Plan must contain a time-sharing schedule for the parents and child(ren) and shall address the issues concerning the minor child(ren). The issues concerning the minor child(ren) may include, but are not limited to, the child(ren)’s education, health care, and physical, social, and emotional well-being. In creating the Plan, all circumstances between the parents, including their historic relationship, domestic violence, and other factors must be taken into consideration. The Parenting Plan must be developed and agreed to by the parents and approved by the court. If the parents cannot agree to a Parenting Plan, or if the parents agreed to a plan that is not approved by the court, a Parenting Plan will be established by the court with or without the use of parenting plan recommendations.

Parenting Plan Recommendation – A nonbinding recommendation concerning one or more elements of a Parenting Plan made by a court-appointed mental health practitioner or other professional designated pursuant to either section 61.20 or 61.401, Florida Statutes, or Florida Family Law Rule of Procedure 12.363.

Party – a person involved in a court case, either as a petitioner or respondent.

Paternity Action – A lawsuit used to determine whether a designated individual is the father of a specific child or children.

Payor – an employer or other person who provides income to an obligor.

Permanent Alimony – spousal support ordered to provide for the needs and necessities of life as they were established during the marriage for a party who lacks the financial ability to meet his or her needs and necessities after dissolution of marriage. Permanent alimony is paid at a specified, periodic rate until: modification by a court order; the death of either party; or the remarriage of the party receiving alimony, whichever occurs first. Permanent alimony requires consideration of the factors set forth in section 61.08(2), Florida Statutes, and must include certain written findings by the court.

Personal Service – when a summons and a copy of a petition (or other pleading) that has been filed with the court are delivered by a deputy sheriff or private process server to the other party. Personal service is required for all petitions and supplemental petitions.

Petition – a written request to the court for legal action, which begins a court case.

Petitioner – the person who originally files a petition that begins a court case. The Petitioner remains the Petitioner throughout the duration of the case.

Pleading – a formal, written statement of exactly what a party wants the court to do in a lawsuit or court action.

Pro Se or Self-Represented Litigant – a person who appears in court without the assistance of a lawyer.

Pro Se Coordinator – see Family Law Intake Staff.

Rehabilitative Alimony – spousal support ordered to be paid for a limited period of time to allow one of the parties an opportunity to complete a plan of education or training, according to a rehabilitative plan accepted by the court, so that he or she may better support himself or herself after dissolution of marriage.

Relocation– a change in the location of the principal residence of a parent or other person in accordance with section 61.13001, Florida Statutes.

Respondent – the person who is served with a petition requesting some legal action against him or her. The Respondent remains the Respondent throughout the duration of the case.

Scientific Paternity Testing – a medical test to determine the biological father of a child.

Service – the delivery of legal documents to a party. Service must be in accordance with Florida Rule of Judicial Administration 2.516.

Shared Parental Responsibility – an arrangement under which both parents have full parental rights and responsibilities for their child(ren), and the parents make major decisions affecting the welfare of the child(ren) jointly. Shared Parental Responsibility is presumptive in Florida.

Sole Parental Responsibility – a parenting arrangement under which the responsibility for the minor child(ren) is given to one parent by the court, with or without rights of time-sharing to the other parent.

State Disbursement Unit– the unit established and operated by the Title IV-D agency to provide one central address for the collection and disbursement of child support payments made in both Department of Revenue and non-Department of Revenue cases, in which the obligation is paid through an income deduction order.

Supervised Time-Sharing– a parenting arrangement under which time-sharing between a parent and his or her child(ren) is supervised by either a friend, family member, or a supervised visitation center.

Supplemental Petition – a petition that may be filed by either party after the judge has made a decision in a case and a final judgment or order has been entered. For example, a supplemental petition may be used to request that the court modify the previously entered final judgment or order.

Supportive Relationship-a relationship, defined in section 61.14(1)(b)1, Florida Statutes, existing between an obligee who receives alimony and a person with whom that obligee resides.

Time-Sharing Schedule – a timetable that must be included in the Parenting Plan that specifies the time, including overnights and holidays, that a minor child or children will spend with each parent. The time-sharing schedule shall either be developed and agreed to by the parents of a minor child or children and is approved by the court, or established by the court if the parents cannot agree, or if their agreed-upon schedule is not approved by the court.

Trial – the final hearing in a contested case.

Uncontested – any and all issues on which the parties are able to agree and which are part of a marital settlement agreement.

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)

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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:

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.

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.gov 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.

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

Child Support Guidelines Worksheet

Affidavit of Corroborating Witness

Marital Settlement Agreement for Dissolution of Marriage with Dependent or Minor Child(ren)

Notice of Social Security Number

Family Law Financial Affidavit

Certificate of Compliance with Mandatory Disclosure

Parenting Plan

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 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).

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 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.

Florida Supreme Court Approved Family Law Form 12.901(b)(1), Petition for Dissolution of Marriage with Dependent or Minor Child(ren) (02/18)

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IN THE CIRCUIT COURT OF THE
JUDICIAL CIRCUIT,

IN AND FOR
COUNTY, FLORIDA

In re: The Marriage of:

______________________________,

Petitioner,

and

_______________________________,

Respondent.

PETITION FOR DISSOLUTION OF MARRIAGE WITH
DEPENDENT OR MINOR CHILD(REN)

I, {full legal name}, the

Petitioner, being sworn, certify that the following statements are true:

_____Petitioner _____ Respondent _____ Both has (have) lived in Florida for at least 6 months before the filing of this Petition for Dissolution of Marriage.

2. Petitioner
_____ is or _____ is not a member of the military service.

Respondent _____ is or _____ is not a member of the military service.

3. MARRIAGE HISTORY

Date of marriage: {month, day, year} __________________

{month, day, year}

_________________

Place of marriage: {county, state, country} __________________________________________

4. DEPENDENT OR MINOR CHILD(REN)

{Choose

all

that apply}

{date}

_____

{date}

________________________

Name Birth date

____________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________

d. ___ The minor child(ren) born or conceived during the marriage who are not common to both parties are:

Name Birth date

The birth parent (s) of the above minor child(ren) is (are): {name and address} ______________________________________________________________________________

______________________________________________________________________________

e. ___ The child(ren) common to both parties who are 18 or older but who are dependent upon the parties due to a mental or physical disability are:

Name Birth date

____________________________________________________________________________________________________________________________________________________________

5. A completed Family Law Financial Affidavit, Florida Family Law Rules of Procedure Form 12.902(b) or (c) {choose only one } _____ is filed with this petition or _____ will be timely filed.

must

7. A completed Notice of Social Security Number, Florida Supreme Court Approved Family Law Form 12.902(j), is filed with this petition.

{Choose only

one

}

b. ____ One of the parties has been adjudged mentally incapacitated for a period of 3 years prior to the filing of this petition. A copy of the Judgment of Incapacity is attached.

SECTION I. MARITAL ASSETS AND LIABILITIES

2. ____ There are marital assets or liabilities. All marital and nonmarital assets and liabilities are (or will be) listed in the financial affidavits, Florida Family Law Rules of Procedure Form 12.902(b) or (c), filed in this case.

{Indicate all that apply}

b.____ The Court should determine how the assets and liabilities of this marriage are to be distributed, under section 61.075, Florida Statutes.

c.____ Petitioner ____Respondent should be awarded an interest in the other spouse’s property because:

______________________________________________________________________________

______________________________________________________________________________

______________________________________________________________________________

______________________________________________________________________________

SECTION II. SPOUSAL SUPPORT (ALIMONY)

Petitioner ____Respondent forever gives up any right to spousal support (alimony) from the other spouse

2. ____ Petitioner _____Respondent requests that the Court order the other spouse to pay the following spousal support (alimony) and claims that he or she has an actual need for the support that he or she is requesting and that the other spouse has the ability to pay that support. Spousal support (alimony) is requested in the amount of $________________ every: _____ week _____ other week _____ month, or _____ other ____________________beginning {date} ________________ and continuing until {date or event} ___________________________.

Explain why the Court should order _____Petitioner _____Respondent to pay, and any specific request(s) for type of alimony (temporary, permanent, bridge-the-gap, durational, rehabilitative, and/or lump sum):

4. _____ Petitioner requests life insurance on the other spouse’s life, provided by that spouse, to secure such support.

SECTION III. PARENTING PLAN ESTABLISHING PARENTAL RESPONSIBILITY AND TIME-SHARING

{explain}

Parental Responsibility.

{Choose only

one

}

Parenting Plan and Time-Sharing.

ordered to comply with a Parenting Plan that _____ includes _____ does not include parental

{name or designation}_

name or designation}_________________________________.

{Choose only one }

{Choose only one}

not

b. _____Each child will have time-sharing with both parents as follows: __________________

_____________________________________________________________________

_____________________________________________________________________

____________________________________________________________________________

(_____ Indicate if a separate sheet is attached.)
c.. ____ The court should establish a Parenting Plan with the following provisions for:
{Insert name or designation of the appropriate parent in the space provided}

____ No time-sharing for Parent _____________

____ Limited time-sharing with Parent __________

____ Supervised Time-Sharing for Parent ___________Parent___________;

____ Supervised or third-party exchange of the child(ren).

____ Explain:

4. Explain why this request is in the best interests of the child(ren): ______________________________________________________________________________

SECTION IV. CHILD SUPPORT
{Choose all that apply}

{date}

{explain}

2. _____Petitioner requests that the Court award child support to be paid beyond the age of 18 years because:

{name(s)}

{explain}

{name(s)}

3. _____Petitioner requests that the Court award a child support amount that is more than or less than Florida’s child support guidelines and understands that a Motion to Deviate from Child Support Guidelines, Florida Supreme Court Approved Family Law Form 12.943, must be filed before the Court will consider this request.

4. _____Petitioner requests that medical/dental insurance for the minor child(ren) be provided by:

{Choose only one }

5. _____Petitioner requests that uninsured medical/dental expenses for the child(ren) be paid:
{Choose only one }

{each spouse pays one-half}.

{explain}

6. _____Petitioner requests that life insurance to secure child support be provided by the other spouse.

SECTION V. OTHER

{former legal name}

{specify}

SECTION VI. REQUEST

{This section summarizes what you are asking the Court to include in the final judgment of dissolution of marriage.}

Petitioner requests that the Court enter an order dissolving the marriage and:
{Indicate all that apply}

Dated_________________________ _____________________________________________

Designated E-mail Address(es): ____________________

_____________________________________________

STATE OF FLORIDA

COUNTY OF ____________________

Sworn to or affirmed and signed before me on __________ by _________________________________.

_____________________________________________

NOTARY PUBLIC or DEPUTY CLERK

_____________________________________________

{Print, type, or stamp commissioned name of notary or deputy clerk.}

____ Personally known

____ Produced identification

Type of identification produced ________________________________

IF A NONLAWYER HELPED YOU FILL OUT THIS FORM, HE/SHE MUST FILL IN THE BLANKS BELOW:

[fill in all blanks] This form was prepared for the Petitioner.

This form was completed with the assistance of:
{name of individual} _______________________________________________________________,
{name of business} ________________________________________________________________,
{address} ________________________________________________________________________,
{city} ________________ {state} _____, {zip code}________, {telephone number} _______________.

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)

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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 filing 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 children and neither of you is pregnant. You or your spouse must have lived in Florida for at least 6 months before filing for a dissolution in Florida. If you and your spouse agree on all issues and both can attend the hearing, you may want to file a Petition for Simplified Dissolution of Marriage, Florida Family Law Rules of Procedure Form 12.901(a); however, you cannot file a Petition for a Simplified Dissolution of Marriage if any of the following are true:

alimony

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 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 spousal support (alimony). For more information on constructive service, see Notice of Action for Dissolution of Marriage (No Child or Financial Support), Florida Supreme Court Approved Family Law Form 12.913(a)(1), 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 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.gov 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.

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…

With this form, you must also file the following:

Affidavit of Corroborating Witness

Marital Settlement Agreement for Dissolution of Marriage with No Dependent or Minor Child(ren),

Notice of Social Security Number

Family Law Financial Affidavit

Certificate of Compliance with Mandatory Disclosure

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 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 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, or temporary alimony, you may file a Motion for Temporary Support with No Dependent or Minor Child(ren), Florida Supreme Court Approved Family Law Form 12.947(c). 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 Property But No Dependent or Minor Child(ren), Florida Supreme Court Approved Family 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 unable to agree will be considered contested and settled by the judge at the final hearing.

Final Judgment Forms. These family law forms contain a Final Judgment of Dissolution of Marriage with Property but No Dependent or Minor Child(ren), Florida Supreme Court Approved Family 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 all of the issues, the judge may use a Final Judgment of Dissolution of Marriage with Property but No Dependent or Minor Child(ren) (Uncontested), Florida Supreme Court Approved Family Law Form 12.990(b)(2). 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. 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)

– 33 –

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 following statements are true:

1. JURISDICTION/RESIDENCE

_____ Petitioner _____ Respondent _____ Both has (have) lived in Florida for at least 6 months before the filing of this Petition for Dissolution of Marriage.

2. Petitioner _____ is or _____ is not a member of the military service.

Respondent _____ is or _____ is not a member of the military service.

3. MARRIAGE HISTORY

Date of marriage : {month, day, year} _________________________

Date of separation: {month, day, year} ________________________ {____Indicate if approximate}

Place 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 completed Notice of Social Security Number, Florida Supreme Court Approved Family Law Form 12.902(j), is filed with this petition.

6. THIS PETITION FOR DISSOLUTION OF MARRIAGE SHOULD BE GRANTED BECAUSE:

_____ The marriage is irretrievably broken.
OR

_____ One of the parties has been adjudged mentally incapacitated for a period of 3 years before the filing of this petition. A copy of the Judgment of Incapacity is attached.
SECTION I. MARITAL ASSETS AND LIABILITIES

1.____ There are no marital assets or liabilities.

2.____ There are marital assets or liabilities. All marital and nonmarital assets and liabilities are (or will be) listed in the financial affidavits, Florida Family Law Rules of Procedure Form 12.902(b) or (c), to be filed in this case . {Indicate all that apply}

a. _____ All marital assets and debts have been divided by a written agreement between the parties, which is attached to be incorporated into the final judgment of dissolution of marriage. (The parties may use Marital Settlement Agreement for Simplified Dissolution of Marriage, Florida Family Law Rules of Procedure Form 12.902(f)(3) or Marital Settlement Agreement for Dissolution of Marriage with No Dependent or Minor Child(ren), Florida Supreme Court Approved Family Law Form 12.902(f)(2)).

b. _____ The Court should determine how the assets and liabilities of this marriage are to be distributed, under section 61.075, Florida Statutes.

c. Petitioner should be awarded an interest in _____ the other spouse’s property because:______________________________________________________________________

_____________________________________________________________________________

_____________________________________________________________________________.

SECTION II. SPOUSAL SUPPORT (ALIMONY)

1. _____ Petitioner forever gives up any right to spousal support (alimony) from the other spouse.

2. _____ Petitioner requests that the Court order the other spouse to pay the following spousal support (alimony) and claims that he or she has an actual need for the support that he or she is requesting and that the other spouse has the ability to pay that support. Spousal support (alimony) is requested in the amount of $ _________ every _____ week _____ other week _____ month, beginning {date} ____________________________________and continuing until {date or event} _________________________________________________________________________________.

Explain why the Court should order the other spouse to pay and any specific request(s) for type of alimony (temporary, permanent, bridge-the-gap, durational, rehabilitative, and/or lump sum): _________________________________________________________________________________

__________________________________________________________________________________

__________________________________________________________________________________

__________________________________________________________________________________

__________________________________________________________________________________

_________________________________________________________________________________.

3._____Other provisions relating to alimony including any tax treatment and consequences:

____________________________________________________________________________

____________________________________________________________________________

_____________________________________________________________________________.

4._____ Petitioner requests life insurance on the other spouse’s life, provided by that spouse, to secure such support.

SECTION III. OTHER

_____Petitioner requests to be known by the following former legal name, which was {former legal name} ___________________________________________________________.

Other relief {specify}: ________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________.

SECTION IV. REQUEST
{This section summarizes what you are asking the Court to include in the final judgment of dissolution of marriage.}

_____Petitioner requests that the Court enter an order dissolving the marriage and:
[Indicate all that apply]

_____ distributing marital assets and liabilities as requested in Section I of this petition;

_____ awarding spousal support (alimony) as requested in Section II of this petition;

_____ restoring Petitioner’s former name as requested in Section III of this petition;

_____ awarding other relief as requested in Section III of this petition; and any other terms the Court deems necessary.

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)

– 34 –

Dated: ______________________ _____________________________________________ Signature of Petitioner

STATE OF FLORIDA

COUNTY OF ____________________

Sworn to or affirmed and signed before me on ____________ by ________________________________

_____________________________________________
{Print, type, or stamp commissioned name of notary or deputy clerk.}

____Personally known

____Produced identification

____Type of identification produced ________________________________

IF A NONLAWYER HELPED YOU FILL OUT THIS FORM, HE/SHE MUST FILL IN THE BLANKS BELOW:

[fill in all blanks] This form was prepared for the Petitioner.

This form was completed with the assistance of:
{name of individual} ___________________________________________________________________,
{name of business} ____________________________________________________________________,
{address} ____________________________________________________________________________,
{city} _______________,{state} _____{zip code}___________,{telephone number} _________________.

Instructions to Florida Supreme Court Approved Law Form 12.901(b)(3), Petition for Dissolution of Marriage with No Dependent or Minor Child(ren) or Property (02/18)

– 38 –
INSTRUCTIONS FOR FLORIDA SUPREME COURT APPROVED FAMILY LAW FORM 12.901(b)(3)
PETITION FOR DISSOLUTION OF MARRIAGE WITH
NO DEPENDENT OR MINOR CHILD(REN) OR PROPERTY
(02/18)

When should this form be used?

This form may be used when you are filing for a dissolution of marriage, and you and your spouse have no marital assets or marital liabilities, no minor or dependent children, neither spouse is seeking spousal support (alimony), and neither spouse is pregnant. You or your spouse must have lived in Florida for at least 6 months before filing for a dissolution in Florida. If you and your spouse agree on all issues and both can attend the hearing, you may want to file a Petition for Simplified Dissolution of Marriage, Florida Family Law Rules of Procedure Form 12.901(a); however, you cannot file a Petition for a Simplified Dissolution of Marriage if any of the following are true:

alimony

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

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 spousal support (alimony). For more information on constructive service, see Notice of Action for Dissolution of Marriage (No Child or Financial Support), Florida Supreme Court Approved Family Law Form 12.913(a)(1), 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:

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

Special notes…

With this form, you must also file the following:

Final Judgment Form. These family law forms contain a Final Judgment of Dissolution of Marriage with No Property or Minor Child(ren) (Uncontested), Florida Supreme Court Approved Family Law Form 12.990(b)(3). 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.

– 41 –

IN THE CIRCUIT COURT OF THE _____________________ JUDICIAL CIRCUIT,

IN AND FOR ______________________________ COUNTY, FLORIDA

In re: The Marriage of: Case No: ________________________

Division: ________________________

_________________________________,

Petitioner,

and

_________________________________,

Respondent.

PETITION FOR DISSOLUTION OF MARRIAGE WITH NO DEPENDENT OR MINOR CHILD(REN) OR PROPERTY

I, {full legal name} ______________________________________________________, the

Petitioner, certify that the following statements are true:

1. JURISDICTION/RESIDENCE

_____ Petitioner _____ Respondent _____ Both has (have) lived in Florida for at least 6 months before the filing of this Petition for Dissolution of Marriage.

2. Petitioner _____ is or _____ is not a member of the military service.

Respondent _____ is or _____ is not a member of the military service.

3. MARRIAGE HISTORY

{month, day, year}

{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 completed Notice of Social Security Number, Florida Supreme Court Approved Family Law Form 12.902(j), is filed with this petition.

6. THIS PETITION FOR DISSOLUTION OF MARRIAGE SHOULD BE GRANTED BECAUSE:

b. _____ One of the parties has been adjudged mentally incapacitated for a period of 3 years before the filing of this petition. A copy of the Judgment of Incapacity is attached.

7. THERE ARE NO MARITAL ASSETS OR LIABILITIES.
8. PETITIONER FOREVER GIVES UP ANY RIGHTS TO SPOUSAL SUPPORT (ALIMONY) FROM THE OTHER SPOUSE.

9. _____Petitioner requests to be known by the following former legal name, which was {former legal name} __________________________________________________________.

10. Other relief {specify} : ________________________________________________________________

REQUEST
{This section summarizes what you are asking the Court to include in the final judgment of dissolution of marriage.}

_____Petitioner requests that the Court enter an order dissolving the marriage and :

[Indicate all that apply]

1. ____ restoring Petitioner’s former name as specified in paragraph 9 of this petition;

2. ____ awarding other relief as specified in paragraph 10 of this petition; and any other terms the Court deems necessary.

Dated: ______________________ _____________________________________________

Signature of Petitioner

Printed Name: _________________________________

Address: ______________________________________

City, State, Zip: _________________________________

Telephone Number: _____________________________

Fax Number: __________________________________

Designated E-mail Address(es): ____________________

_____________________________________________

STATE OF FLORIDA
COUNTY OF ____________________

Sworn to or affirmed and signed before me on ____________ by _______________________________.

_____________________________________________

NOTARY PUBLIC or DEPUTY CLERK

{Print, type, or stamp commissioned name of notary or deputy clerk.}

_____ Personally known

_____ Produced identification

_____ Type of identification produced
________________________________

IF A NONLAWYER HELPED YOU FILL OUT THIS FORM, HE/SHE MUST FILL IN THE BLANKS BELOW:

[fill in all blanks] This form was prepared for the Petitioner

This form was completed with the assistance of:
{name of individual} _________________________________________________________________,
{name of business} __________________________________________________________________,
{address} __________________________________________________________________________,
{city} ______________, {state} _____, {zip code}___________,{telephone number} ________________.

Instructions for Florida Supreme Court Approved Family Law Form 12.902(d), Uniform Child Custody Jurisdiction and Enforcement Act (UCCJEA) Affidavit (02/18)

– 43 –
INSTRUCTIONS FOR FLORIDA SUPREME COURT APPROVED FAMILY LAW FORM 12.902(d)
UNIFORM CHILD CUSTODY JURISDICTION AND ENFORCEMENT ACT (UCCJEA) AFFIDAVIT
(02/18)

When should this form be used?

This form should be used in any case involving parental responsibility for, custody of, or time-sharing or visitation with, any minor child(ren). This affidavit is required even if the parental responsibility for, custody of, or time-sharing or visitation with, the minor child(ren) is not in dispute.

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 then file it with the clerk of the circuit court in the county where the petition was filed and keep a copy for your records.

IMPORTANT INFORMATION REGARDING E-FILING

What should I do next?

A copy of this form must be mailed, e-mailed, or hand delivered to the other party in your case, if it is not served on him or her with your initial papers.

IMPORTANT INFORMATION REGARDING E-SERVICE ELECTION

Where can I look for more information?

Special notes…

With this form, you must also file a Notice of Confidential Information within Court Filing, Florida Rules of Judicial Administration Appendix to Rule 2.420 Form.

Effective October 1, 2008, terms such as custodial parent, noncustodial parent, primary residential parent, secondary residential parent, and visitation were removed from Chapter 61, Florida Statutes; however, because the UCCJEA uses the terms, custody and visitation, they are included in this form. Parents must develop a Parenting Plan that includes, among other things, their time-sharing schedule with the minor child(ren). If the parents cannot agree, a parenting plan will be established by the Court.

If you are the petitioner in an injunction for protection against domestic violence case and you have filed a Request for Confidential Filing of Address, Florida Supreme Court Approved Family Law Form 12.980(h), you should write confidential in any space on this form that would require you to write the address where you are currently living.

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.

Florida Supreme Court Approved Family Law Form 12.902(d), Uniform Child Custody Jurisdiction and Enforcement Act (UCCJEA) Affidavit (02/18)

– 49 –

IN THE CIRCUIT COURT OF THE
JUDICIAL CIRCUIT,

IN AND FOR
COUNTY, FLORIDA

Petitioner,

and

Respondent.

UNIFORM CHILD CUSTODY JURISDICTION AND ENFORCEMENT ACT (UCCJEA) AFFIDAVIT

I, {full legal name} ____________, being sworn, certify that the following statements are true:

within the past five (5) years

THE FOLLOWING INFORMATION IS TRUE ABOUT CHILD # 1 :

Child’s Full Legal Name:
Place of Birth: Date of Birth: Sex:

Child’s Residence for the past 5 years:

Dates (From/To)	Address (including city and state) where child lived	Name and present address of person child lived with	Relationship to child
/present*
____/____
____/____
____/____
____/____
____/____

* If you are the petitioner in an injunction for protection against domestic violence case and you have filed a Request for Confidential Filing of Address, Florida Supreme Court Approved Family Law Form 12.980(h), you should write confidential in any space on this form that would require you to enter the address where you are currently living.

THE FOLLOWING INFORMATION IS TRUE ABOUT CHILD # :

Child’s Full Legal Name:

Place of Birth:
Date of Birth:
Sex:

Child’s Residence for the past 5 years:

Dates (From/To)	Address (including city and state) where child lived	Name and present address of person child lived with	Relationship to child
/present
____/____
____/____
____/____
____/____
____/____

THE FOLLOWING INFORMATION IS TRUE ABOUT CHILD # :

Child’s Full Legal Name:

Place of Birth:
Date of Birth:
Sex:

Child’s Residence for the past 5 years:

Dates (From/To)	Address (including city and state) where child lived	Name and present address of person child lived with	Relationship to child
/present
____/____
____/____
____/____
____/____
____/____

Participation in custody or time-sharing proceeding(s):

[Choose only one ]

______ I HAVE NOT participated as a party, witness, or in any capacity in any other litigation or custody proceeding in this or any other state, jurisdiction, or country, concerning parental responsibility for, custody of, or time-sharing or visitation with a child subject to this proceeding.

______ I HAVE participated as a party, witness, or in any capacity in any other litigation or custody proceeding in this or another state, jurisdiction, or country, concerning parental responsibility for, custody of, or time-sharing or visitation with a child subject to this proceeding . Explain:

3. Information about custody or time-sharing proceeding(s):

[Choose only one ]

______ I HAVE NO INFORMATION of any parental responsibility, custody, time-sharing, or visitation proceeding pending in a court of this or any other state, jurisdiction, or country concerning a child subject to this proceeding.

______ I HAVE THE FOLLOWING INFORMATION concerning a parental responsibility, custody, time-sharing, or visitation proceeding pending in a court of this or another state concerning a child subject to this proceeding, other than set out in item 2. Explain:

4. Persons not a party to this proceeding:

[Choose only one ]

______ I DO NOT KNOW OF ANY PERSON in this or any other state, jurisdiction, or country, who is not a party to this proceeding and who has physical custody or claims to have parental responsibility for, custody of, or time-sharing or visitation with respect to any child subject to this proceeding.

______ I KNOW THAT THE FOLLOWING NAMED PERSON(S), not a party to this proceeding, has (have) physical custody or claim(s) to have parental responsibility for, custody of, or time-sharing or visitation with respect to any child subject to this proceeding:

_____ has physical custody

_____ claims parental responsibility or custody rights

_____ claims time-sharing or visitation

Name of each child:

Relationship to child, if any: _______________________________________________________

b. Name and address of person:

c. Name and address of person:

_____ has physical custody

_____ claims parental responsibility or custody rights

_____claims time-sharing or visitation

Name of each child:

Relationship to child, if any: _______________________________________________________

Knowledge of prior child support proceedings:

[Choose only one ]

_____The child(ren) described in this affidavit are NOT subject to existing child support order(s) in this or any other state, jurisdiction, or country.

_____The child(ren) described in this affidavit are subject to the following existing child support order(s):

6. I acknowledge that I have a continuing duty to advise this Court of any parental responsibility, custody, time-sharing or visitation, child support, or guardianship proceeding (including dissolution of marriage, separate maintenance, child neglect, or dependency) concerning the child(ren) in this state or any other state about which information is obtained during this proceeding.

7. A completed Notice of Confidential Information within Court Filing, Florida Rules of Judicial Administration Appendix to Rule 2.420 Form, is filed with this Affidavit.

I certify that a copy of this document was _____ e-served _____ mailed ____ faxed and mailed

_____ hand delivered to the person(s) listed below on {date} ______________________________.

Other party or his/her attorney:

Name:

Address:

City, State, Zip: ______

Fax Number:

Designated E-mail Address(es):____________________

_______________________________

I understand that I am swearing or affirming under oath to the truthfulness of the claims made in this affidavit and that the punishment for knowingly making a false statement includes fines and/or imprisonment.

Dated: ______________________

Address:

City, State, Zip:

Telephone Number:

Fax Number:

Designated E-mail Address(es ):____________________
_____________________________________________

STATE OF FLORIDA

COUNTY OF ________________________

Sworn to or affirmed and signed before me on
by.

NOTARY PUBLIC or DEPUTY CLERK

[Print, type, or stamp commissioned name of notary or clerk.]

__ Personally known
__ Produced identification

Type of identification produced _______________________________________

Florida Supreme Court Approved Family Law Form 12.902(d), Uniform Child Custody Jurisdiction and Enforcement Act (UCCJEA) Affidavit (02/18)

– 50 –

IF A NONLAWYER HELPED YOU FILL OUT THIS FORM, HE/SHE MUST FILL IN THE BLANKS BELOW:

[fill in all blanks] This form was prepared for the {choose only one} _____ Petitioner _____ Respondent

This form was completed with the assistance of:
{name of individual} _________________________________________________________________,
{name of business} ____________________________________________________________________,
{address} ____________________________________________,
{city} _____________, {state} ___, {zip code}____________, {telephone number} ________________.

Instructions for Florida Supreme Court Approved Family Law Form 12.902(f)(1), Marital Settlement Agreement for Dissolution of Marriage with Dependent or Minor Child(ren) (02/18)

– 52 –
INSTRUCTIONS FOR FLORIDA SUPREME COURT APPROVED FAMILY LAW FORM 12.902(f)(1)
MARITAL SETTLEMENT AGREEMENT FOR DISSOLUTION OF MARRIAGE
WITH DEPENDENT OR MINOR CHILD(REN)
(02/18)

When should this form be used?

This form should be used when a Petition for Dissolution of Marriage with Dependent or Minor Child(ren), Florida Supreme Court Approved Family Law Form 12.901(b)(1), has been filed and the parties have reached an agreement on some or all of the issues at hand.

This form should be typed or printed in black ink. Both parties must sign the agreement and have their signatures witnessed by a notary public or deputy clerk. After completing this form, you should file the original with the clerk of the circuit court in the county where the petition was filed and keep a copy for your records. You should then refer to the instructions for your petition, answer, or answer and counterpetition concerning the procedures for setting a hearing or trial ( final hearing ).

IMPORTANT INFORMATION REGARDING E-FILING

Where can I look for more information?

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.gov 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.

Special notes…

With this form you must also file a Child Support Guidelines Worksheet, Florida Family Law Rules of Procedure Form 12.902(e), if not already filed.

This form does not act to transfer title to the property. Such transfer must be done by deed or supplemental final judgment.

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.

Florida Supreme Court Approved Family Law Form 12.902(f)(1), Marital Settlement Agreement for Dissolution of Marriage with Dependent or Minor Child(ren) (02/18)

– 66 –

IN THE CIRCUIT COURT OF THE
JUDICIAL CIRCUIT,

IN AND FOR
COUNTY, FLORIDA

In re: The Marriage of:

Petitioner,

and

Respondent.

MARITAL SETTLEMENT AGREEMENT FOR DISSOLUTION OF MARRIAGE WITH DEPENDENT OR MINOR CHILD(REN)

We, {Petitioner’s full legal name} _______________________________________________, and
{Respondent’s full legal name}, __________________________________, being sworn, certify that the following statements are true:

{date}

2. Because of irreconcilable differences in our marriage (no chance of staying together), we have made this agreement to settle once and for all what we owe to each other and what we can expect to receive from each other. Each of us states that nothing has been held back, that we have honestly included everything we could think of in listing our assets (everything we own and that is owed to us) and our debts (everything we owe), and that we believe the other has been open and honest in writing this agreement.

3. We have both filed a Family Law Financial Affidavit, Florida Family Law Rules of Procedure Form 12.902(b) or (c). Because we have voluntarily made full and fair disclosure to each other of all our assets and debts, we waive any further disclosure under rule 12.285, Florida Family Law Rules of Procedure.

4. Each of us agrees to execute and exchange any papers that might be needed to complete this agreement, including deeds, title certificates, etc.

SECTION I. MARITAL ASSETS AND LIABILITIES

A. Division of Assets. We divide our assets (everything we own and that is owed to us) as follows: Any personal item(s) not listed below is (are) the property of the party currently in possession of the item(s).

1. Petitioner shall receive as his/her own and Respondent shall have no further rights or responsibilities regarding these assets:

ASSETS: DESCRIPTION OF ITEM(S) PETITIONER SHALL RECEIVE Please describe each item as clearly as possible. You do not need to list account numbers. Where applicable, include whether the name on any title/deed/account described below is in one spouse’s name, or in both spouses’ names.	Current Fair Market Value
Cash (on hand)	$
Cash (in banks/credit unions)

Stocks/Bonds	____________
	____________
Notes (money owed to you in writing)


Money owed to you (not evidenced by a note)


Real estate: (Home)
(Other)

Business interests

Automobiles


Boats
Other vehicles

Retirement plans (Profit Sharing, Pension, IRA, 401(k)s, etc.)


Furniture & furnishings in home

Furniture & furnishings elsewhere

Collectibles

Jewelry

Life insurance (cash surrender value)

Sporting and entertainment (T.V., stereo, etc.) equipment



Other assets






Total Assets to Petitioner	$

2. Respondent shall receive as his/her own and Petitioner shall have no further rights or responsibilities regarding these assets:

ASSETS: DESCRIPTION OF ITEM(S) RESPONDENT SHALL RECEIVE Please describe each item as clearly as possible. You do not need to list account numbers. Where applicable, include whether the name on any title/deed/account described below is in one spouse’s name, or in both spouses’ names.	Current Fair Market Value
Cash (on hand)	$
Cash (in banks/credit unions)

Stocks/Bonds	____________
	____________
Notes (money owed to you in writing)


Money owed to you (not evidenced by a note)


Real estate: (Home)
(Other)

Business interests

Automobiles


Boats
Other vehicles

Retirement plans (Profit Sharing, Pension, IRA, 401(k)s, etc.)


Furniture & furnishings in home

Furniture & furnishings elsewhere

Collectibles

Jewelry

Life insurance (cash surrender value)

Sporting and entertainment (T.V., stereo, etc.) equipment



Other assets



Total Assets to Respondent	$

B. Division of Liabilities/Debts. We divide our liabilities (everything we owe) as follows:

LIABILITIES: DESCRIPTION OF DEBT(S) TO BE PAID BY PETITIONER Please describe each item as clearly as possible. You do not need to list account numbers. Where applicable, include whether the name on any mortgage, note, or account described below is in one spouse’s name or in both spouses’ names.	Monthly Payment	Current Amount Owed
Mortgages on real estate: (Home)	$	$
(Other)
	_________	_________
Charge/credit card accounts	_________	_________





Auto loan
Auto loan
Bank/credit union loans



Money you owe (not evidenced by a note)

Judgments

Other



Total Debts to Be Paid by Petitioner	$	$

LIABILITIES: DESCRIPTION OF DEBT(S) TO BE PAID BY RESPONDENT Please describe each item as clearly as possible. You do not need to list account numbers. Where applicable, include whether the name on any mortgage, note or account described below is in one spouse’s name, or in both spouses’ names.	Monthly Payment	Current Amount Owed
Mortgages on real estate: (Home)	$	$
(Other)
	__________	_________
Charge/credit card accounts	__________	_________





Auto loan
Auto loan
Bank/credit union loans



Money you owe (not evidenced by a note)

Judgments

Other




Total Debts to Be Paid by Respondent	$	$

C. Contingent Assets and Liabilities (listed in Section III of our Family Law Financial Affidavits) will be divided as follows:

D. Beneficiary Designation {Completeonly if beneficiary designations continue after entry of Final Judgment of Dissolution of Marriage.}

_____The spouses agree that the designation providing for the payment or transfer at death of an interest in the assets set forth below to or for the benefit of the deceased party’s former spouse SHALL NOT BE VOID as of the date of entry of the Final Judgment of Dissolution of Marriage.

The Final Judgment of Dissolution of Marriage shall provide that the designations set forth below remain in full force and effect:

_____1. The _____Petitioner _____Respondent shall acquire or maintain the following assets for the benefit of the other spouse or child(ren) to be paid upon his/her death outright or in trust. This provision only applies if other assets fulfilling such requirement for the benefit of the other spouse or child(ren) do not exist upon his/her death and unless precluded by statute. {Describe the assets with specificity}: ____________________________________________________________________________________

____________________________________________________________________________________

____________________________________________________________________________________.

_____2. The _____Petitioner _____Respondent shall not unilaterally terminate or modify the ownership of the following assets, or their disposition upon his/her death. {Describe the assets with specificity}: _____________________________________________________________________________________

_____________________________________________________________________________________

____________________________________________________________________________________.

SECTION II. SPOUSAL SUPPORT (ALIMONY) (If you have not agreed on this matter, write n/a on the lines provided.)

____Each of us forever gives up any right to spousal support (alimony) that we may have.

2. _____ Petitioner _____ Respondent (hereinafter “Obligor”) agrees to pay spousal support (alimony) in the amount of $ ______every _____ week _____ other week _____month, or _____ other _____________________, beginning {date} _______________________and continuing until {date or event} ___________________________________________________.

3. _____ Other provisions relating to alimony, including any tax treatment and consequences:

4.
Life insurance in the amount of $____________ to secure the above support, will be provided by the Obligor.

SECTION III. PARENTING PLAN ESTABLISHING PARENTAL RESPONSIBILITY AND TIME-SHARING

The parties’ minor child(ren) are:

Name Birth date

2. The parties shall have time-sharing and parental responsibility in accordance with the Parenting Plan attached as Exhibit _____.

SECTION IV. CHILD SUPPORT

total number of parties’ minor or dependent children}

{month, day, year}

{month, day, year}.

{week, month, other}

Upon the termination of the obligation of child support for one of the parties’ children, child support in the amount of $____________ for the remaining ____ children {total number of remaining children} shall be paid commencing____________________ {month, day, year} and terminating ________________________________________ {month, day, year}. This child support shall be paid in the amount of $ ________ per ___________ {week, month, other} consistent with Obligor’s current payroll cycle.

{Insert schedule for the child support obligation, including the amount, and commencement and termination dates, for the remaining minor or dependent children, which shall be payable as the obligation for each child ceases. Please indicate whether the schedule _____ appears below or _____ is attached as part of this form}
_____________________________________________________________________________
_____________________________________________________________________________
_____________________________________________________________________________
_____________________________________________________________________________
_____________________________________________________________________________
_____________________________________________________________________________

The Obligor shall pay child support until all the minor or dependent child(ren): reach the age of 18; become emancipated, marry, join the armed services, die, or become self-supporting; or until further order of the court or agreement of the parties. The child support obligation shall continue beyond the age of 18 and until high school graduation for any child who is: dependent in fact; between the ages of 18 and 19; and is still in high school, performing in good faith with a reasonable expectation of graduation before the age of 19.

If the child support amount above deviates from the guidelines by 5% or more, explain the reason(s) here: ______________________________________________________________________________

Retroactive Child Support or Arrearages.

There is currently retroactive child support in the amount of $_________________. There is an arrearage of previously ordered unpaid child support in the amount of $______________.

___

{date}

________________

3. Health Insurance.

a. _____Shared equally by the spouses. {each spouse pays one-half}
b. _____Prorated according to the child support guideline percentages.
c. _____Other {explain}: __________________________________________________
As to these uninsured/unreimbursed medical expenses, the party who incurs the expense shall submit a request for reimbursement to the other party within 30 days, and the other party, within 30 days of receipt, shall submit the applicable reimbursement for that expense, according to the schedule of reimbursement set out in this paragraph.

Dental Insurance.

_____ Dental insurance is either not reasonable in cost or accessible to the child(ren) at this time. Any uninsured/ unreimbursed dental costs for the minor child(ren) shall be assessed as follows:

a. _____Shared equally by the spouses. {each spouse pays one-half}
b. _____Prorated according to the child support guideline percentages.
c. _____Other {explain}: __________________________________________________
As to these uninsured/unreimbursed dental expenses, the party who incurs the expense shall submit a request for reimbursement to the other party within 30 days, and the other party, within 30 days of receipt, shall submit the applicable reimbursement for that expense, according to the schedule of reimbursement set out in this paragraph.

Life Insurance.

____________

IRS Income Tax Exemption(s).

{explain}

SECTION V. OTHER

SECTION VI. We have not agreed on the following issues:

I certify that I have been open and honest in entering into this settlement agreement. I am satisfied with this agreement and intend to be bound by it.

Dated:

Signature of Petitioner

Printed Name:

Address:

City, State, Zip:

Telephone Number:

Fax Number:

Designated E-mail Address(es): __________________

__________________________________________

STATE OF FLORIDA

COUNTY OF ________________________

Sworn to or affirmed and signed before me on
by.

NOTARY PUBLIC or DEPUTY CLERK

[Print, type, or stamp commissioned name of notary or clerk.]

_ Personally known
_ Produced identification

Type of identification produced

IF A NONLAWYER HELPED YOU FILL OUT THIS FORM, HE/SHE MUST FILL IN THE BLANKS BELOW:

[fill in all blanks] This form was prepared for the Petitioner

This form was completed with the assistance of:
{name of individual} ____________________________________________________________,
{name of business} _____________________________________________________________,
{address} __________________________________ ___________________,
{city} _______________, {state} ___, {zip code}__________, {telephone number} ___.

I certify that I have been open and honest in entering into this settlement agreement. I am satisfied with this agreement and intend to be bound by it.

Dated:

Signature of Respondent

Printed Name:

Address:

City, State, Zip:

Telephone Number:

Fax Number:

Designated E-mail Address(es): __________________

STATE OF FLORIDA

COUNTY OF ___________________________

Sworn to or affirmed and signed before me on
by.

NOTARY PUBLIC or DEPUTY CLERK

[Print, type, or stamp commissioned name of notary or clerk.]

_ Personally known
_ Produced identification

Type of identification produced ____________________________

IF A NONLAWYER HELPED YOU FILL OUT THIS FORM, HE/SHE MUST FILL IN THE BLANKS BELOW:

[fill in all blanks] This form was prepared for the Respondent

This form was completed with the assistance of:
{name of individual} _______________________________________________________,
{name of business} ________________________________________________________,
{address} _____________________________________________________,
{city} , {state} __, {zip code}_________, {telephone number} ________________.

Instructions for Florida Supreme Court Approved Family Law Form 12.902(f)(2), Marital Settlement Agreement for Dissolution of Marriage with Property but No Dependent or Minor Child(ren) (02/18)

– 68 –
INSTRUCTIONS FOR FLORIDA SUPREME COURT APPROVED FAMILY LAW FORM 12.902(f)(2)
MARITAL SETTLEMENT AGREEMENT FOR DISSOLUTION OF MARRIAGE WITH PROPERTY BUT NO DEPENDENT OR MINOR CHILD(REN)
(02/18)

When should this form be used?

This form should be used when a Petition for Dissolution of Marriage with Property but no Dependent or Minor Child(ren), Florida Supreme Court Approved Family Law Form 12.901(b)(2), has been filed and the parties have reached an agreement on some or all of the issues at hand.

This form should be typed or printed in black ink. Both parties must sign the agreement and have their signatures witnessed by a notary public or deputy clerk. After completing this form, you should file the original with the clerk of the circuit court in the county where the petition was filed and keep a copy for your records. You should then refer to the instructions for your petition, answer, or answer and counterpetition concerning the procedures for setting a hearing or trial ( final hearing ).

IMPORTANT INFORMATION REGARDING E-FILING

Where can I look for more information?

IMPORTANT INFORMATION REGARDING E-SERVICE ELECTION

Special notes…

This form does not act to transfer title to the property. Such transfer must be done by deed or supplemental final judgment.

– 78 –

IN THE CIRCUIT COURT OF THE
JUDICIAL CIRCUIT,

IN AND FOR
COUNTY, FLORIDA

In re: The Marriage of:

_________________,

Petitioner,

and

______________,

Respondent.

MARITAL SETTLEMENT AGREEMENT FOR DISSOLUTION OF MARRIAGE WITH PROPERTY BUT NO DEPENDENT OR MINOR CHILD(REN)

We, {Petitioner’s full legal name} _____________________________________________, and {Respondent’s full legal name} __________________________________________, being sworn, certify that the following statements are true:

{date}

4. Each of us agrees to execute and exchange any papers that might be needed to complete this agreement, including deeds, title certificates, etc.

SECTION I. MARITAL ASSETS AND LIABILITIES

A. Division of Assets. We divide our assets (everything we own and that is owed to us) as follows: Any personal item(s) not listed below is the property of the party currently in possession of the item(s).

ASSETS: DESCRIPTION OF ITEM(S) PETITIONER SHALL RECEIVE Please describe each item as clearly as possible. You do not need to list account numbers. Where applicable, include whether the name on any title/deed/account described below is in one spouse’s name or both spouses’ names.	Current Fair Market Value
Cash (on hand)	$
Cash (in banks/credit unions)

Stocks/Bonds

Notes (money owed to you in writing)


Money owed to you (not evidenced by a note)


Real estate: (Home)
(Other)

Business interests

Automobiles


Boats
Other vehicles

Retirement plans (Profit Sharing, Pension, IRA, 401(k)s, etc.)


Furniture & furnishings in home

Furniture & furnishings elsewhere

Collectibles

Jewelry

Life insurance (cash surrender value)

Sporting and entertainment (T.V., stereo, etc.) equipment


Other assets




Total Assets to Petitioner	$

ASSETS: DESCRIPTION OF ITEM(S) RESPONDENT SHALL RECEIVE Please describe each item as clearly as possible. You do not need to list account numbers. Where applicable, include whether the name on any title/deed/account described below is in one spouse’s name or both spouses’ names.	Current Fair Market Value
Cash (on hand)	$
Cash (in banks/credit unions)

Stocks/Bonds	_______________
	_______________
Notes (money owed to you in writing)


Money owed to you (not evidenced by a note)


Real estate: (Home)
(Other)

Business interests

Automobiles


Boats
Other vehicles

Retirement plans (Profit Sharing, Pension, IRA, 401(k)s, etc.)


Furniture & furnishings in home

Furniture & furnishings elsewhere

Collectibles

Jewelry

Life insurance (cash surrender value)

Sporting and entertainment (T.V., stereo, etc.) equipment



Other assets




Total Assets to Respondent	$

B. Division of Liabilities/Debts.

1. Petitioner shall pay as his/her own the following and will not at any time ask Respondent to pay these debts/bills:

LIABILITIES: DESCRIPTION OF DEBT(S) TO BE PAID BY PETITIONER Please describe each item as clearly as possible. You do not need to list account numbers. Where applicable, include whether the name on any mortgage, note, or account described below is in one spouse’s name or in both spouses’ names.	Monthly Payment	Current Amount Owed
Mortgages on real estate: (Home)	$	$
(Other)
	___________	__________
Charge/credit card accounts	___________	__________





Auto loan
Auto loan
Bank/credit union loans



Money you owe (not evidenced by a note)

Judgments

Other




Total Debts to Be Paid by Petitioner	$	$

LIABILITIES: DESCRIPTION OF DEBT(S) TO BE PAID BY RESPONDENT Please describe each item as clearly as possible. You do not need to list account numbers. Where applicable, include whether the name on any mortgage, note, or account described below is in one spouse’s name or in both spouses’ names.	Monthly Payment	Current Amount Owed
Mortgages on real estate: (Home)	$	$
(Other)
	___________	__________
Charge/credit card accounts	___________	__________





Auto loan
Auto loan
Bank/credit union loans



Money you owe (not evidenced by a note)

Judgments

Other




Total Debts to Be Paid by Respondent	$	$

C. Contingent Assets and Liabilities (listed in Section III of our Family Law Financial Affidavits) will be divided as follows:

D. Beneficiary Designation {Complete only if beneficiary designations continue after entry of Final Judgment of Dissolution of Marriage.}

_____The spouses agree that the designation providing for the payment or transfer at death of an interest in the assets set forth below to or for the benefit of the deceased party’s former spouse SHALL NOT BE VOID as of the date of entry of the Final Judgment of Dissolution of Marriage.

The Final Judgment of Dissolution of Marriage shall provide that the designations set forth below remain in full force and effect:

__________________________________________________________________________________

_________________________________________________________________________________.

___________________________________________________________________________________

____________________________________________________________________________________.

SECTION II. SPOUSAL SUPPORT (ALIMONY) (If you have not agreed on this matter, write n/a on the lines provided.)

Each of us forever gives up any right to spousal support (alimony) that we may have.

2. _____Petitioner _____ Respondent (hereinafter “Obligor”) agrees to pay spousal support (alimony) in the amount of $ _______ every _____week _____other week _____ month, or ______ other ______________beginning {date} ___________________________ and continuing until {date or event} ____________ .

Explain type of alimony (permanent, bridge-the-gap, durational, rehabilitative, and/or lump sum) and any other specifics:

3. _____Other provisions relating to alimony, including any tax treatment and consequences:

_____

SECTION III. OTHER

____________________________________________________________________________________________________________________________________________________________.

SECTION IV. We have not agreed on the following issues:

I certify that I have been open and honest in entering into this settlement agreement. I am satisfied with this agreement and intend to be bound by it.

Dated: ________ ___________ ______________ Signature of Petitioner

Printed Name:

Address:

City, State, Zip:

Telephone Number:

Fax Number:

Designated E-mail Address(es): ____________________

_____________________________________________

STATE OF FLORIDA

COUNTY OF ______________

Sworn to or affirmed and signed before me on
by.

NOTARY PUBLIC or DEPUTY CLERK

[Print, type, or stamp commissioned name of notary or clerk.]

_____ Personally known

_____ Produced identification

Type of identification produced ______________________________

IF A NONLAWYER HELPED YOU FILL OUT THIS FORM, HE/SHE MUST FILL IN THE BLANKS BELOW:

[fill in all blanks] This form was prepared for the Petitioner

This form was completed with the assistance of: _________________________________________,
{name of individual} __________________________________ ______________________________ ,
{name of business} __________________________________________________________________,
{address} ________________ _________________________________,
{city} _______________, {state}, {zip code}__________, {telephone number} __________.

I certify that I have been open and honest in entering into this settlement agreement. I am satisfied with this agreement and intend to be bound by it.

Dated:

Signature of Respondent

Printed name:__________________________________

Address:______________________________________

City, State, Zip:_________________________________

Telephone number:_____________________________

Fax number ____________________________________________

Designated E-mail Address(es): ____________________

_____________________________________________

STATE OF FLORIDA

COUNTY OF _______

Sworn to or affirmed and signed before me on
by.

NOTARY PUBLIC or DEPUTY CLERK

[Print, type, or stamp commissioned name of notary or clerk.]

_____ Personally known

_____ Produced identification

Type of identification produced ____________________________________

IF A NONLAWYER HELPED YOU FILL OUT THIS FORM, HE/SHE MUST FILL IN THE BLANKS BELOW:

[fill in all blanks] This form was prepared for the Respondent

This form was completed with the assistance of:
{name of individual} _____________________________________________________________,
{name of business} _______________________________________________________________,
{address} ___________ __________________________________________________,
{city} ___________ , {state} ____, {zip code}__________, {telephone number} ____________.

Instructions for Florida Supreme Court Approved Family Law Form 12.902(i), Affidavit of Corroborating Witness

(02/18)

– 80 –

Instructions for Florida Supreme Court Approved Family Law Form 12.902(i), Affidavit of Corroborating Witness

(02/18)

– 79 –
INSTRUCTIONS FOR FLORIDA SUPREME COURT APPROVED FAMILY LAW FORM 12.902(i),
AFFIDAVIT OF CORROBORATING WITNESS
(02/18)

When should this form be used?

This form may be used to corroborate residency in a dissolution of marriage proceeding. To get a dissolution (divorce) in Florida, either party must have lived in Florida for at least 6 months before filing the petition. Residency may be corroborated by a valid Florida’s driver’s license, Florida identification card, or voter’s registration card (issue date of document must be at least 6 months before the date the case is actually filed with the clerk of the circuit court), or the testimony or affidavit of someone other than you or your spouse. This form is used to corroborate residency by affidavit. The person signing this form must know that you have lived in the State of Florida for at least 6 months before the date you filed your petition for dissolution of marriage.

This form should be typed or printed in black ink, and signed in the presence of a notary public or deputy clerk. After completing this form, you should file the original with the clerk of the circuit court in the county where the petition was filed and keep a copy for you records.

IMPORTANT INFORMATION REGARDING E-FILING

What should I do next?

A copy of this form must be mailed, e-mailed, or hand delivered to the other party in your case, if it is not served on him or her with your initial papers.

IMPORTANT INFORMATION REGARDING E-SERVICE ELECTION

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.

Special notes…

– 82 –

Florida Supreme Court Approved Family Law Form 12.902(i), Affidavit of Corroborating Witness (02/18)

– 81 –

IN THE CIRCUIT COURT OF THE
JUDICIAL CIRCUIT,

IN AND FOR
COUNTY, FLORIDA

Case No.:
Division:

In re: The Marriage of:

,
Petitioner,

and

,

Respondent.

AFFIDAVIT OF CORROBORATING WITNESS

I, {full legal name} __, being sworn, certify that the following statements are true: I have known {name} ________ since {approximate date} ; to the best of my understanding the petition in this action was filed on {date} _____ ; and I know of my own personal knowledge that this person has resided in the State of Florida for at least 6 months immediately prior to the date of filing of the petition.

Dated:
Signature of Corroborating Witness
Printed Name:
Address:
City, State, Zip:
Telephone Number:

STATE OF FLORIDA

COUNTY OF

Sworn to or affirmed and signed before me on
by.

NOTARY PUBLIC or DEPUTY CLERK

[Print, type, or stamp commissioned name of notary or clerk.]

____ Personally known

____ Produced identification

Type of identification produced

IF A NONLAWYER HELPED YOU FILL OUT THIS FORM, HE/SHE MUST FILL IN THE BLANKS BELOW:

[fill in all blanks]

This form was prepared for the: {choose only one } _____ Affiant _____ Petitioner _____Respondent

This form was completed with the assistance of:
{name of individual} ____________________________________________,
{name of business} _______________________________________________________________,
{address} _______________________________________,
{city} ________ , {state} _____, {zip code}___________, {telephone number} ______.

Instructions for Florida Supreme Court Approved Family Law Form 12.903(a), Answer, Waiver, and Request for Copy of Final Judgment of Dissolution of Marriage (02/18)

– 86 –
INSTRUCTIONS FOR FLORIDA SUPREME COURT APPROVED FAMILY LAW FORM 12.903(a)

ANSWER, WAIVER, AND REQUEST FOR COPY OF FINAL JUDGMENT OF DISSOLUTION OF MARRIAGE

(02/18)

When should this form be used?

This form should be used when you have been served with a petition for dissolution of marriage and you do not wish to contest it or appear at a hearing. If you file this form, you are admitting all of the allegations in the petition, saying that you do not need to be notified of or appear at the final hearing, and that you would like a copy of the final judgment mailed to you.

This form should be typed or printed in black ink, and your signature should be witnessed by a notary public or deputy clerk. After completing this form, you should sign the form before a notary public. You should file the original with the clerk of the circuit court in the county where the petition was filed and keep a copy for your records. The person filing the petition in a dissolution of marriage proceeding is also referred to as the petitioner and his or her spouse as the respondent.

IMPORTANT INFORMATION REGARDING E-FILING

What should I do next?

You have 20 days to answer after being served with your spouse’s petition. A copy of this form, along with all of the other forms required with this answer and waiver, must be mailed, e-mailed, or hand delivered to your spouse.

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

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.gov 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.

Where can I look for more information?

Special notes…

With this form, you may also file the following:

Uniform Child Custody Jurisdiction and Enforcement Act (UCCJEA) Affidavit

Child Support Guidelines Worksheet

Marital Settlement Agreement for Dissolution of Marriage with Dependent or Minor Child(ren)

Marital Settlement Agreement for Dissolution of Marriage with No Dependent or Minor Child(ren)

Notice of Social Security Number

Family Law Financial Affidavit,

Certificate of Compliance with Mandatory Disclosure

Parenting Plan and Time-Sharing. filing this answer and waiver, you are agreeing to any parenting plan and time-sharing requests in the petition. 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 a 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 answer to the 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. filing this answer and waiver, you are agreeing to any requests for child support in the petition. 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. filing this answer and waiver, you are agreeing to any requests for alimony in the petition. 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 a counterpetition and should not use this form. 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, lump sum payments. 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 assets and liabilities which the parties agree or the court determines belong to, or are the responsibility of, only one of the parties. filing this answer and waiver, you are agreeing to any requests in the petition regarding division of assets and liabilities.

Final Judgment . You should receive a copy of the Final Judgment in the mail. If, for some reason you do not, you should contact the clerk’s office to request a copy. It is important for you to review a copy of the Final Judgment in your case to see what happened and to know what you must do and what you are entitled to receive.

Florida Supreme Court Approved Family Law Form 12.903(a), Answer, Waiver, and Request for Copy of Final Judgment of Dissolution of Marriage (02/18)

– 87 –

IN THE CIRCUIT COURT OF THE _____________________ JUDICIAL CIRCUIT,

IN AND FOR ______________________________ COUNTY, FLORIDA

Case No: ________________________

Division: ________________________

In re: the Marriage of:

_________________________________,

Petitioner,

and

_________________________________,

Respondent

ANSWER, WAIVER, AND REQUEST FOR COPY OF FINAL JUDGMENT OF

DISSOLUTION OF MARRIAGE

I, {full legal name} ____, being sworn, certify that the following information is true:

1. I answer the Petition for Dissolution of Marriage filed in this action and admit all the allegations. admitting all of the allegations in the petition, I agree to all relief requested in the petition including any requests regarding parenting and time-sharing, child support, alimony, distribution of marital assets and liabilities, and temporary relief.
2. I hereby waive notice of hearing as well as all future notices in connection with the Petition for Dissolution of Marriage, as filed and also waive my appearance at the final hearing.
3. I request that a copy of the Final Judgment of Dissolution of Marriage entered in this case be provided to me at the address below.
4. If this case involves minor child(ren), a completed Uniform Child Custody Jurisdiction and Enforcement Act (UCCJEA) Affidavit, Florida Supreme Court Approved Family Law Form 12.902(d), is filed with this answer.
5. A completed Notice of Social Security Number, Florida Supreme Court Approved Family Law Form 12.902(j), is filed with this answer.

6. A completed Family Law Financial Affidavit, Florida Family Law Rules of Procedure Form 12.902(b) or (c), _____ is filed with this answer or _____ will be timely filed.

Florida Supreme Court Approved Family Law Form 12.903(a), Answer, Waiver, and Request for Copy of Final Judgment of Dissolution of Marriage (02/18)

– 88 –

I certify that a copy of this document was _____ mailed _____ faxed and mailed _____ e-mailed _____hand delivered to the person(s) listed below on {date} __________________________.

Other party or his/her attorney:

Name: _______________________________________

Address: _____________________________________

City, State, Zip: ________________________________

Fax Number: _________________________________
Designated E-mail Address(es):___________________
___________________________________________

I understand that I am swearing or affirming under oath to the truthfulness of the claims made in this answer and that the punishment for knowingly making a false statement includes fines and/or imprisonment.

Dated: ______________________ _______________________________________

Address: _______________________________

City, State, Zip: __________________________

Telephone Number: ________________________

Fax Number: _____________________________

STATE OF FLORIDA

COUNTY OF ____________________

Sworn to or affirmed and signed before me on __________ by ___________________________.

_______________________________________

[Print, type, or stamp commissioned name of notary or deputy clerk.]

_____ Personally known

_____ Produced identification

_____ Type of identification produced
________________________________

IF A NONLAWYER HELPED YOU FILL OUT THIS FORM, HE/SHE MUST FILL IN THE BLANKS BELOW:

[fill in all blanks] This form was prepared for the: {choose only one } __________Respondent

This form was completed with the assistance of:
{name of individual} _______________________________________________________________,
{name of business} ________________________________________________________________,
{address} ________________________________________________________________________,
{city} ______________, {state} ____, {zip code}, __________, {telephone number} _____________.

Instructions for Florida Supreme Court Approved Family Law Form 12.903(b), Answer to Petition for Dissolution of Marriage (02/18)

– 93 –
INSTRUCTIONS FOR FLORIDA SUPREME COURT APPROVED
FAMILY LAW FORM 12.903(b)
ANSWER TO PETITION FOR DISSOLUTION OF MARRIAGE
(02/18)

When should this form be used?

This form should be used when you are responding to a petition for dissolution of marriage and you wish to admit or deny all of the allegations in the petition but you do not plan to file a counterpetition seeking relief. You can use this form to answer any petition for dissolution of marriage, whether or not there are minor child(ren).

IMPORTANT INFORMATION REGARDING E-FILING

What should I do next?

A copy of this form, along with all of the other forms required with this answer, must be mailed, e-mailed, or hand delivered to the other party in your case. You have 20 days to answer after being served with the other party’s petition. After you file your answer, the case will generally proceed in one of the following two ways:

UNCONTESTED … If you file an answer that agrees with everything in the other party’s petition and you have complied with mandatory disclosure and filed all of the required papers, either party may contact the clerk, family law intake staff, or judicial assistant to set a final hearing. If you request the final hearing, you must notify the other party 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 you file an answer which disagrees with or denies anything in the petition, and you are unable to settle the disputed issues, either party may 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).

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. See chapter 61, Florida Statutes, for more information.

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.gov 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.

Special notes…

With this form, you may also need to file the following:

Uniform Child Custody Jurisdiction and Enforcement Act (UCCJEA) Affidavit

Child Support Guidelines Worksheet

Marital Settlement Agreement for Dissolution of Marriage with Dependent or Minor Child(ren)

Marital Settlement Agreement for Dissolution of Marriage with Property but No Dependent or Minor Child(ren)

Notice of Social Security Number

Family Law Financial Affidavit

Certificate of Compliance with Mandatory Disclosure

service

Parenting 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 will decide the parenting arrangements and time-sharing schedule 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).

A parenting course must be completed prior to the entry of a final judgment. You should contact the clerk, family law intake staff, or judicial assistant about requirements for parenting courses where you live.

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 that the other spouse has the ability to pay. If you want alimony, you must request it in writing in a counterpetition. Florida Supreme Court Approved Family Law Form 12.903(c)(1) (with dependent or minor child(ren)), or Florida Supreme Court Approved Family Law Form 12.903(c)(2) (no dependent or minor child(ren)). 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, any parenting plan and time-sharing schedule, 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 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), or, if there are no dependent or minor child(ren), Motion for Temporary Support with No Dependent or Minor Child(ren), Florida Supreme Court Approved Family Law Form 12.947(c). For more information, see the instructions for these forms.

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), or Marital Settlement Agreement for Dissolution of Marriage with No Dependent or Minor Child(ren), Florida Supreme Court Approved Family Law Form 12.902(f)(2). Both parties 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.

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), and Final Judgment of Dissolution of Marriage with Property but No Dependent or Minor Child(ren), Florida Supreme Court Approved Family 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 all of the issues, the judge may use Final Judgment of Dissolution of Marriage with Dependent or Minor Child(ren) (Uncontested), Florida Supreme Court Approved Family Law Form 12.990(b)(1), Final Judgment of Dissolution of Marriage with Property but No Dependent or Minor Child(ren) (Uncontested), Florida Supreme Court Approved Family Law Form 12.990(b)(2), or Final Judgment of Dissolution of Marriage with No Property and No Dependent or Minor Child(ren), Florida Supreme Court Approved Family Law Form 12.990(b)(3). You should contact 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.

Florida Supreme Court Approved Family Law Form 12.903(b), Answer to Petition for Dissolution of Marriage

(02/18)

– 95 –

IN THE CIRCUIT COURT OF THE
JUDICIAL CIRCUIT,

IN AND FOR
COUNTY, FLORIDA

In re: The Marriage of

Petitioner,

and

Respondent.

ANSWER TO PETITION FOR DISSOLUTION OF MARRIAGE

I, {full legal name} ____________________________________________, Respondent, being sworn, certify that the following information is true:

agree

admit

{indicate section and paragraph number}

___________________________________________________________________________

disagree

deny

{indicate section and paragraph number}

___________________________________________________________________________

{indicate section and paragraph number}

___________________________________________________________________________

4. If this case involves a dependent or minor child(ren), a completed Uniform Child Custody Jurisdiction and Enforcement Act (UCCJEA) Affidavit, Florida Supreme Court Approved Family Law Form 12.902(d), is filed with this answer.

5. If this case involves a dependent or minor child(ren), a completed Child Support Guidelines Worksheet, Florida Family Law Rules of Procedure Form 12.902(e), is [choose one only]

6. If necessary a completed Notice of Social Security Number, Florida Supreme Court Approved Family Law Form 12.902(j), is filed with this answer.

7. A completed Family Law Financial Affidavit, Florida Family Law Rules of Procedure Form 12.902(b) or (c), [Choose only one ] ____ is filed with this answer or ____ will be timely filed.

I certify that a copy of this document was ( ) mailed ( ) faxed and mailed ( ) e-mailed ( ) hand delivered to the person(s) listed below on {date} _____________________.

Petitioner or his/her attorney:

Name:

Address:

City, State, Zip:

Fax Number:

Designated E-mail Address(es):__________________

__________________________________________

Dated:

Signature of Respondent

Printed Name:

Address:

City, State, Zip:

Telephone Number:

Fax Number:

Designated E-mail Address(es ):_______________
_______________________________________

STATE OF FLORIDA

COUNTY OF __________________________

Sworn to or affirmed and signed before me on
by.

NOTARY PUBLIC or DEPUTY CLERK

[Print, type, or stamp commissioned name of notary or clerk.]

Personally known
Produced identification

Type of identification produced

IF A NONLAWYER HELPED YOU FILL OUT THIS FORM, HE/SHE MUST FILL IN THE BLANKS BELOW:

[fill in all blanks] This form was prepared for the Respondent.

This form was completed with the assistance of:
{name of individual} _______________________________________________________________,
{name of business} _________________________________________________________________,
{address} __________________________________________,
{city} ______, {state} ___, {zip code}_________, {telephone number} __________.

Instructions for Florida Supreme Court Approved Family Law Form 12.903(c)(1), Answer to Petition and Counterpetition for Dissolution of Marriage with Dependent or Minor Child(ren) (02/18)

– 100 –
INSTRUCTIONS FOR FLORIDA SUPREME COURT APPROVED FAMILY LAW FORM 12.903(c)(1)
ANSWER TO PETITION AND COUNTERPETITION 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 responding to a petition for dissolution of marriage with dependent or minor child(ren) and you are asking the court for something not contained in the petition. The answer portion of this form is used to admit or deny the allegations contained in the petition, and the counterpetition portion of this form is used to ask for whatever you want the court to do for you.

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 the petition was filed and keep a copy for your records. The person filing the petition in a dissolution of marriage proceeding is also referred to as the petitioner and his or her spouse as the respondent. The person filing a counterpetition is also referred to as the counterpetitioner and his or her spouse as the counterrespondent.

IMPORTANT INFORMATION REGARDING E-FILING

What should I do next?

You have 20 days to answer after being served with your spouse’s petition. A copy of this form must be mailed, e-mailed, or hand delivered to your spouse. After you file an answer and counterpetition your case will then generally proceed as follows:

The other party is required to answer your counterpetition within 20 days using an Answer to Counterpetition, Florida Supreme Court Approved Family Law Form 12.903(d).

UNCONTESTED . Your dissolution is uncontested if you and your spouse agree on all issues raised in the petition and the counterpetition. If this is the case, and you and the other party have complied with mandatory disclosure and filed all of the required papers, either party may contact the clerk, family law intake staff, or judicial assistant to set a final hearing. If you request the hearing, you must notify the other party 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 . Your dissolution is contested if you and your spouse disagree on any issue raised in the petition or counterpetition. If you are unable to settle the disputed issues, either party may 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).

Where can I look for more information?

IMPORTANT INFORMATION REGARDING E-SERVICE ELECTION

Special notes…

With this form, you must also file the following:

Uniform Child Custody Jurisdiction and Enforcement Act (UCCJEA) Affidavit

Child Support Guidelines Worksheet

Affidavit of Corroborating Witness

Marital Settlement Agreement for Dissolution of Marriage with Dependent or Minor Child(ren)

Parenting Plan

Safety-Focused Parenting Plan

Relocation/Long-Distance Parenting Plan

may

Notice of Social Security Number

Family Law Financial Affidavit

Certificate of Compliance with Mandatory Disclosure

service

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 will decide the parenting arrangements and time-sharing schedule 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).

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 that the other spouse has the ability to pay. If you want alimony, you must request it in writing in your counterpetition. 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 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.

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 a Parenting Plan, Florida Supreme Court Approved Family Law Form 12.995(a), 12.995(b), or 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 you and your spouse cannot 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 contact 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.

Florida Supreme Court Approved Family Law Form 12.903(c)(1), Answer to Petition and Counterpetition for Dissolution of Marriage with Property with Dependent or Minor Child(ren) (02/18)

– 108 –

IN THE CIRCUIT COURT OF THE
JUDICIAL CIRCUIT,

IN AND FOR
COUNTY, FLORIDA

In re: the Marriage of:

,

Petitioner/Counter-Respondent,

and

,

Respondent/Counter-Petitioner.

ANSWER TO PETITION AND COUNTERPETITION FOR DISSOLUTION
OF MARRIAGE WITH DEPENDENT OR MINOR CHILD(REN)

I, {full legal name} _____ __, Respondent/Counter-Petitioner being sworn, certify that the following information is true:

ANSWER TO PETITION

agree

admit

{indicate section and paragraph number}

disagree

deny

{indicate section and paragraph number}

{indicate section and paragraph number

COUNTERPETITION FOR DISSOLUTION OF MARRIAGE WITH MINOR CHILD(REN)

_____ Respondent/Counter-Petitioner _____ Petitioner/Counter-Respondent _____Both has (have) lived in Florida for at least 6 months before the filing of this Petition for Dissolution of Marriage.

Petitioner/Counter-Respondent _____ is or _____ is not a member of the military service.

3. MARRIAGE HISTORY

Date of marriage: {month, day, year} ____________________________________________

Date of separation: {month, day, year} _____________________ (_____Indicate if approximate)

Place of marriage: {county, state, country} _________________________________

[Indicate all that apply]

{date}

b. __ Petitioner/Counter-Respondent is pregnant. Baby is due on: {date}________________

c. _____The minor (under 18) child(ren) common to both parties are:

Name Birth date

d. _____The minor child(ren) born or conceived during the marriage who are not common to both parties are:

Name Birth date

The birth parent(s) of the above minor child(ren) is (are) {name and address}

e. _____ The child(ren) common to both parties who are 18 or older but who are dependent upon the parties due to a mental or physical disability are:

Name Birth date

5. A completed Uniform Child Custody Jurisdiction and Enforcement Act (UCCJEA) Affidavit Florida Supreme Court Approved Family Law Form 12.902(d), is filed with this counterpetition. (You must complete and attach this form in a dissolution of marriage with minor child(ren).
6. A completed Notice of Social Security Number, Florida Supreme Court Approved Family Law Form 12.902(j), is filed with this counterpetition.
7. A completed Family Law Financial Affidavit, Florida Family Law Rules of Procedure Form 12.902(b) or (c) _____ is filed or _____ will be timely filed.
8. This counterpetition for dissolution of marriage should be granted because:

b. _____One of the parties has been adjudged mentally incapacitated for a period of 3 years prior to the filing of this counterpetition. A copy of the Judgment of Incapacity is attached.

SECTION I. MARITAL ASSETS AND LIABILITIES

2. _____There are marital assets or liabilities. All marital and nonmarital assets and liabilities are (or will be) listed in the financial affidavits, Florida Family Law Rules of Procedure Form 12.902(b) or (c), to be filed in this case.

[Indicate all that apply]

b. _____The Court should determine how the assets and liabilities of this marriage are to be distributed, under section 61.075, Florida Statutes.

c. Counter-Petitioner should be awarded an interest in the other spouse’s property because: ___________________________________________________________________________

SECTION II. SPOUSAL SUPPORT (ALIMONY)

. Respondent/Counter-Petitioner forever gives up any right to spousal support (alimony) from the other spouse.

and

that the other spouse has the ability to pay that support

{date}

{date or event}

_____________________________________________

3. _____Other provisions relating to alimony including any tax treatment and consequences:

_______________________________________________________________________________

______________________________________________________________________________.

4. _____ Respondent/Counter-Petitioner requests life insurance on the other spouse’s life, provided by that spouse, to secure such support.

SECTION III. PARENTING PLAN ESTABLISHING PARENTAL RESPONSIBILITY AND TIME-SHARING

1. The minor child(ren) currently reside(s) with

_____Respondent/ Counter-Petitioner

_____ Petitioner/Counter-Respondent

_____ Other: {explain} _________________________________.

2. Parental Responsibility. It is in the child(ren)’s best interests that parental responsibility be:

[Choose only one ]

b. _____awarded solely to _____ Respondent/Counter-Petitioner _____ Petitioner/Counter-Respondent. Shared parental responsibility would be detrimental to the child(ren) because: ________________________________________________________________________

Parenting Plan and Time-Sharing.

{name or designation

{name or designation}

[

Choose only

one]

a. _____The attached proposed Parenting Plan should be adopted by the court. The parties _____have _____ have not agreed to the Parenting Plan.

b. _____Each child will have time-sharing with both parents as follows:

(_____ Indicate if a separate sheet is attached.)

{Insert the name of designation of the appropriate parent in the space provided.}

_____ No time-sharing for Parent________________

_____ Limited time-sharing with Parent _________________

_____ Supervised time-sharing for Parent_______________

_____ Supervised or third-party exchange of the child(ren).

_____ Time-sharing as follows:

Explain why this request is in the best interests of the child(ren):

SECTION IV. CHILD SUPPORT
[Indicate all that apply]

{date}

___________

{date}

________________________

{explain}

________________________________________________________________________

2. Respondent/Counter-Petitioner requests that the Court award child support to be paid beyond the age of 18 years because:

{name(s)}

{explain}

b. _____the following child(ren) {name(s)} __________________________________________ is (are) dependent in fact; is (are) in high school, and are between the ages of 18 and 19; said child(ren) is (are) performing in good faith with reasonable expectation of graduation before the age of 19.

3. Respondent/Counter-Petitioner requests that the Court award a child support amount that is more than or less than Florida’s child support guidelines and understands that a Motion to Deviate from Child Support Guidelines, Florida Supreme Court Approved Family Law Form 12.943, must be filed before the Court will consider this request.

4. Respondent/Counter-Petitioner requests that medical/dental insurance for the minor child(ren) be provided by:

[Choose only one ]

b. _____Petitioner/Counter-Respondent

5. Respondent/Counter-Petitioner requests that uninsured medical/dental expenses for the child(ren) be paid:

[Choose only one ]

(each spouse pays one-half.)

6. Counter-Petitioner requests that life insurance to secure child support be provided by:

a. _____ Respondent/Counter-Petitioner

b. _____Petitioner/Counter-Respondent

c. _____ Both.

SECTION V. OTHER

1. Respondent/Counter-Petitioner requests to be known by the following former legal name, which was {former full legal name} : ________________________________________________.

{specify}

SECTION VI. REQUEST

(This section summarizes what you are asking the Court to include in the final judgment of dissolution of marriage.)

I request that the Court enter an order dissolving the marriage and:
[Indicate all that apply]

I certify that a copy of this document was _____ mailed _____ faxed and mailed _____ e-mailed

_____ hand-delivered to the person(s) listed below on {date} ___________________________.

Petitioner/Counter-Respondent or his/her attorney:

Name:

Address:

City, State, Zip:

Fax Number:

Designated E-mail Address(es):__________________

__________________________________________

I understand that I am swearing or affirming under oath to the truthfulness of the claims made in this answer and counterpetition and that the punishment for knowingly making a false statement includes fines and/or imprisonment.

_____________________________________________

Signature of Respondent/Counter-Petitioner

Printed Name: _______________________________

Address:

City, State, Zip:

Telephone Number:

Fax Number:

Designated E-mail Address(es): ___________________

_____________________________________________

STATE OF FLORIDA

COUNTY OF __________________________

Sworn to or affirmed and signed before me on
by.

NOTARY PUBLIC or DEPUTY CLERK

{Print, type, or stamp commissioned name of notary or clerk.}

__ Personally known
__ Produced identification

Type of identification produced _________________________________________________

IF A NONLAWYER HELPED YOU FILL OUT THIS FORM, HE/SHE MUST FILL IN THE BLANKS BELOW:

[fill in all blanks] This form was prepared for the Respondent/Counter-Petitioner

This form was completed with the assistance of:
{name of individual}________________________________________________________________,
{name of business} _________________________________________________________________,
{address} __________________________________________________,
{city} _____________, {state} _____, {zip code}__________, {telephone number} ___________________. Instructions for Florida Supreme Court Approved Family Law Form 12.903(c)(2), Answer to Petition and Counterpetition for Dissolution of Marriage with Property but No Dependent or Minor Child(ren) (02/18)

– 110 –

INSTRUCTIONS FOR FLORIDA SUPREME COURT APPROVED FAMILY LAW FORM 12.903(c)(2)
ANSWER TO PETITION AND COUNTERPETITION FOR DISSOLUTION OF MARRIAGE WITH PROPERTY BUT NO DEPENDENT OR MINOR CHILD(REN)
(02/18)

When should this form be used?

This form should be used when you are responding to a petition for dissolution of marriage with property but no dependent or minor child(ren) and you are asking the court for something not contained in the petition. The answer portion of this form is used to admit or deny the allegations contained in the petition, and the counterpetition portion of this form is used to ask for whatever you want the court to do for you.

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 the petition was filed and keep a copy for your records. The person filing the petition in a dissolution of marriage proceeding is also referred to as the petitioner and his or her spouse as the respondent. The person filing the counterpetition is referred to as the counterpetitioner and his or her spouse as the counterrespondent.

IMPORTANT INFORMATION REGARDING E-FILING

What should I do next?

Your spouse is required to answer your counterpetition within 20 days using an Answer to Counterpetition, Florida Supreme Court Approved Family Law Form 12.903(d).

UNCONTESTED . Your dissolution is uncontested if you and your spouse agree on all issues raised in the petition and the counterpetition. If this is the case, and you and the other party have complied with mandatory disclosure and filed all of the required papers, either party may contact the clerk, family law intake staff, or judicial assistant to set a final hearing. If you request the hearing, you must notify the

other party 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 . Your dissolution is contested if you and your spouse disagree on any issue raised in the petition or counterpetition. If you are unable to settle the disputed issues, either spouse may 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).

Where can I look for more information?

IMPORTANT INFORMATION REGARDING E-SERVICE ELECTION

– 112 –
Special notes…

With this form, you must also file the following:

· 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 No Dependent or Minor Child(ren), Florida Supreme Court Approved Family Law Form 12.902(f)(2), if you 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 within 45 days of service of the petition on you, if not filed at the time you file this answer.)

· 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 you, if not filed at the time you file this answer, unless you and the other party have agreed not to exchange these documents.) Alimony. Alimony may be awarded to one 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 your counterpetition. 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 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 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, or temporary alimony, you may file a Motion for Temporary Support with No Dependent or Minor Child(ren), Florida Supreme Court Approved Family Law Form 12.947(c). 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 No Dependent or Minor Child(ren), Florida Supreme Court Approved Family Law Form 12.902(f)(2). Both of you must sign this agreement before a notary public. Any issues on which you are unable to agree will be considered contested and settled by the judge at the final hearing.

Final Judgment Forms. These family law forms contain a Final Judgment of Dissolution of Marriage with Property but No Dependent or Minor Child(ren), Florida Supreme Court Approved Family 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 all of the issues, the judge may use a Final Judgment of Dissolution of Marriage with Property but No Dependent or Minor Child(ren) (Uncontested), Florida Supreme Court Approved Family Law Form 12.990(b)(2). You should contact 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.

Florida Supreme Court Approved Family Law Form 12.903(c)(2) Answer to Petition and Counterpetition for Dissolution of Marriage with Property but No Dependent or Minor Children (02/18)

– 117 –

IN THE CIRCUIT COURT OF THE _____________________ JUDICIAL CIRCUIT,

IN AND FOR ______________________________ COUNTY, FLORIDA

Case No:________________________

Division:________________________

In re: the Marriage of

_________________________________,

Petitioner/Counter-Respondent,

and

_______________________________

Respondent/Counter-Petitioner.

ANSWER TO PETITION AND COUNTERPETITION FOR DISSOLUTION OF MARRIAGE WITH PROPERTY BUT NO DEPENDENT OR MINOR CHILD(REN)

I, {full legal name} ______________________________________________________, Respondent/Counter-Petitioner being sworn, certify that the following information is true:

ANSWER TO PETITION

1. I agree with the allegations raised in the following numbered paragraphs in the Petition and, therefore, admit those allegations: {indicate section and paragraph number} _______________________________________________________________________________

_______________________________________________________________________________.

2. I disagree with the allegations raised in the following numbered paragraphs in the Petition and, therefore, deny those allegations: {indicate section and paragraph number} _______________________________________________________________________________

_______________________________________________________________________________.

3. I currently am unable to admit or deny the following paragraphs due to lack of information: {indicate section and paragraph number} ________________________________________________________________________________

_______________________________________________________________________________.

COUNTERPETITION FOR DISSOLUTION OF MARRIAGE WITH PROPERTY BUT NO
DEPENDENT OR MINOR CHILD(REN)

1. JURISDICTION/RESIDENCE

_____Respondent/Counter-Petitioner _____ Petitioner/Counter-Respondent _____ Both has (have) lived in Florida for at least 6 months before the filing of this Petition for Dissolution of Marriage.

2. Respondent/Counter-Petitioner _____ is or _____ is not a member of the military service.

Petitioner/Counter-Respondent _____ is or _____ is not a member of the military service.

3. MARRIAGE HISTORY

{month, day, year}

{month, day, year}______________________

{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 completed Notice of Social Security Number, Florida Supreme Court Approved Family Law Form 12.902(j), is filed with this counterpetition.

6. This counterpetition for dissolution of marriage should be granted because:

b. _____ One of the parties has been adjudged mentally incapacitated for a period of 3 years prior to the filing of this counterpetition. A copy of the Judgment of Incapacity is attached.

SECTION I. MARITAL ASSETS AND LIABILITIES
[Choose only one ]

1. _____ There are no marital assets or liabilities.

2. _____ There are marital assets or liabilities. All marital and nonmarital assets and liabilities are (or will be) listed in the financial affidavits, Florida Family Law Rules of Procedure Form 12.902(b) or (c), to be filed in this case.

[Indicate

all

that apply]

b. _____ The Court should determine how the assets and liabilities of this marriage are to be distributed, under section 61.075, Florida Statutes.

c. Respondent/Counter-Petitioner should be awarded an interest in the other spouse’s property because: ____________________________________________________________________________

SECTION II. SPOUSAL SUPPORT (ALIMONY)

1. Respondent/Counter-Petitioner forever gives up any right to spousal support (alimony) from the other spouse.

2. Respondent/Counter-Petitioner requests that the Court order the other spouse to pay the following spousal support (alimony) and claims that he or she has an actual need for the support that he or she is requesting and that the other spouse has the ability to pay that support. Spousal support (alimony) is requested in the amount of $ _______________ every _____ week _____ other week _____ month, _____ other __________beginning {date} _______________________ and continuing until {date or event} _________________________________________________.

3. _____Other provisions relating to alimony including any tax treatment or consequences:

4. Respondent/Counter-Petitioner requests life insurance on the other spouse’s life, provided by that spouse, to secure such support. SECTION III. OTHER

1. Respondent/Counter-Petitioner requests to be known by the following former legal name, which was {former legal name}_____________________________ ___________________________.

2. Other relief {specify} : _______________________________________________________________________________

SECTION IV. REQUEST (This section summarizes what you are asking the Court to include in the final judgment of dissolution of marriage.)

Respondent/Counter-Petitioner requests that the Court enter an order dissolving the marriage and:
1. ____ distributing marital assets and liabilities as requested in Section I of this petition;
2. ____ awarding spousal support (alimony) as requested in Section II of this petition;
3. ____ restoring Respondent/Counter-Petitioner’s former name as requested in Section III of this petition;
4. ____ awarding other relief as requested in Section III of this petition; and any other terms the Court deems necessary.

I certify that a copy of this document was _____ mailed _____ faxed and mailed
_____ e-mailed _____ hand delivered to the person(s) listed below on {date}____________________.

Petitioner/Counter-Respondent or his/her attorney:

Printed Name: ________________________________

Address: _____________________________________

City, State, Zip: ________________________________

Fax Number: ____________________________________

Designated E-mail Address(es):______________________

Dated: ______________________ ____________________________________________
Signature of Respondent/Counter-Petitioner
Printed Name: ______________________________ Address:_____________________________________ City, State, Zip:________________________________

Telephone Number:___________________________

Fax Number: _________________________________

Designated E-mail Address(es): __________________

____________________________________________
STATE OF FLORIDA
COUNTY OF ____________________

Sworn to or affirmed and signed before me on ___________ by _______________________________.

___________________________________________

{Print, type, or stamp commissioned name of notary or deputy clerk.}

____ Personally known

____ Produced identification

____ Type of identification produced
________________________________

IF A NONLAWYER HELPED YOU FILL OUT THIS FORM, HE/SHE MUST FILL IN THE BLANKS BELOW:

[fill in all blanks] This form was prepared for the Respondent/Counter-Petitioner

This form was completed with the assistance of:
{name of individual} _____________________________________________________________,
{name of business} ______________________________________________________________,
{address} ______________________________________________________________________,
{city} ____________, {state} _____, {zip code}__________,{telephone number} __________________.

Instructions for Florida Supreme Court Approved Family Law Form 12.903(c)(3), Answer to Petition and Counterpetition for Dissolution of Marriage with No Dependent or Minor Child(ren) or Property (02/18)

– 119 –

INSTRUCTIONS FOR FLORIDA SUPREME COURT APPROVED FAMILY LAW
FORM 12.903(c)(3)
ANSWER TO PETITION AND COUNTERPETITION FOR DISSOLUTION OF MARRIAGE WITH NO DEPENDENT OR MINOR CHILD(REN) OR PROPERTY (02/18)

When should this form be used?

This form should be used when you are responding to a petition for dissolution of marriage with no dependent or minor child(ren) or property and you are asking the court for something not contained in the petition. The answer portion of this form is used to admit or deny the allegations contained in the petition, and the counterpetition portion of this form is used to ask for whatever you want the court to do for you such as restoring your former name.

IMPORTANT INFORMATION REGARDING E-FILING

What should I do next?

You have 20 days to answer after being served with the other party’s petition. A copy of this form must be mailed, e-mailed, or hand delivered to the other party. After you file an answer and counterpetition your case will then generally proceed as follows:

The other party is required to answer your counterpetition within 20 days using an Answer to Counterpetition, Florida Supreme Court Approved Family Law Form 12.903(d).

CONTESTED . Your dissolution is contested if you and your spouse disagree on any issues raised in the petition or counterpetition. If you are unable to settle the disputed issues, either party may 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).

Where can I look for more information?

– 120 –

IMPORTANT INFORMATION REGARDING E-SERVICE ELECTION

Special notes…

With this form, you must also file the following:

Affidavit of Corroborating Witness

Notice of Social Security Number

Family Law Financial Affidavit

Certificate of Compliance with Mandatory Disclosure

service

Alimony. using this form, you are forever giving up your rights to spousal support (alimony) from petitioner. Alimony may be awarded to a spouse if the judge finds that one spouse has an actual need for it and that the other spouse has the ability to pay. If you want alimony, you must request it in writing in your counterpetition. (See the other answer and counterpetition forms for the appropriate form.) If you do not request alimony in writing before the final hearing, it is waived (you may not request it later).

Marital/Nonmarital Assets and Liabilities. using this form, you are stating that there are no marital assets and/or liabilities.

Final Judgment Form. These family law forms contain a Final Judgment of Dissolution of Marriage with No Property or Minor Child(ren) (Uncontested), Florida Supreme Court Approved Family Law Form 12.990(b)(3). You should contact 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.

Florida Supreme Court Approved Family Law Form 12.903(c)(3), Answer to Petition and Counterpetition for Dissolution of Marriage with No Dependent or Minor Child(ren) or Property (02/18)

– 124 –

IN THE CIRCUIT COURT OF THE
JUDICIAL CIRCUIT,

IN AND FOR
COUNTY, FLORIDA

In re: The Marriage of:

,

Petitioner/Counter-Respondent,

and

,

Respondent/Counter-Petitioner

ANSWER TO PETITION AND COUNTERPETITION FOR DISSOLUTION OF MARRIAGE WITH NO DEPENDENT OR MINOR CHILD(REN) OR PROPERTY

I, {full legal name}, Respondent/Counter-Petitioner, being sworn, certify that the following information is true:

ANSWER TO PETITION

l.
I agree with Petitioner as to the allegations raised in the following numbered paragraphs in the Petition and, therefore, admit those allegations: {indicate section and paragraph number}
.

2. I disagree with Petitioner as to the allegations raised in the following numbered paragraphs in the Petition and, therefore, deny those allegations: {indicate section and paragraph number}
.

3. I currently am unable to admit or deny the following paragraphs due to lack of information: {indicate section and paragraph number}
.

COUNTERPETITION FOR DISSOLUTION OF MARRIAGE WITH NO DEPENDENT OR MINOR CHILD(REN) OR PROPERTY

1.
JURISDICTION/RESIDENCE

_____Respondent/Counter-Petitioner _____Petitioner/Counter-Respondent _____ Both has (have) lived in Florida for at least 6 months before the filing of this Petition for Dissolution of Marriage.

2. Respondent/Counter-Petitioner _____ is or _____ is not a member of the military service.

Petitioner/Counter-Respondent _____ is or _____ is not a member of the military service.

3. MARRIAGE HISTORY

{month, day, year}

{city, state, country}

{month, day, year}

4. THERE ARE NO MINOR (under 18) OR DEPENDENT CHILD(REN) COMMON TO BOTH PARTIES AND NEITHER SPOUSE IS PREGNANT.

5. A completed Notice of Social Security Number, Florida Supreme Court Approved Family Law Form 12.902(j), is filed with this counterpetition.

6. THIS COUNTERPETITION FOR DISSOLUTION OF MARRIAGE SHOULD BE GRANTED BECAUSE:

a. _____The marriage is irretrievably broken.

b. _____One of the parties has been adjudged mentally incapacitated for a period of 3 years before the filing of this counterpetition. A copy of the Judgment of Incapacity is attached.

7. THERE ARE NO MARITAL ASSETS OR LIABILITIES.

8. RESPONDENT/COUNTER-PETITIONER FOREVER GIVES UP ANY RIGHTS TO SPOUSAL SUPPORT (ALIMONY) FROM PETITIONER/COUNTER-RESPONDENT.

9. _____Respondent/Counter-Petitioner wants to be known by the former legal name, which was {former legal name} .

10. Other relief {specify}:

REQUEST (This section summarizes what you are asking the Court to include in the final judgment of dissolution of marriage.)

Respondent/Counter-Petitioner requests that the Court enter an order dissolving the marriage and :

1. ______restoring Respondent/Counter-Petitioner’s former name as specified in paragraph 9 of this petition;

2. _____ awarding other relief as specified in paragraph 10 of this petition; and any other terms the Court deems necessary.

I certify that a copy of this document was _____ mailed _____ faxed and mailed _____e-mailed

_____ hand delivered to the person(s) listed below on {date} _______________________________.

Petitioner/Counter-Respondent or his/her attorney:
Name:
Address:
City, State, Zip: ______
Fax Number:
Designated E-mail Address(es):____________________
______________________________________________

Dated:
Signature of Respondent/Counter-Petitioner

Printed Name:

Address:

City, State, Zip:

Telephone Number:

Fax Number:

Designated E-mail Addresses: ___________________

____________________________________________

STATE OF FLORIDA

COUNTY OF

Sworn to or affirmed and signed before me on
by.

NOTARY PUBLIC or DEPUTY CLERK

[Print, type, or stamp commissioned name of notary or clerk.]

__ Personally known
__ Produced identification

Type of identification produced _____________________________
IF A NONLAWYER HELPED YOU FILL OUT THIS FORM, HE/SHE MUST FILL IN THE BLANKS BELOW:

[fill in all blanks] This form was prepared for the Respondent/Counter-Petitioner

This form was completed with the assistance of:
{name of individual} ________________________________________________________________,
{name of business} _________________________________________________________________,
{address} _________________________________________,
{city} __________, {state} ___, {zip code}_________, {telephone number} ________________.

Instructions for Florida Supreme Court Approved Family Law Form 12.903(d), Answer to Counterpetition (02/18)

– 126 –
INSTRUCTIONS FOR FLORIDA SUPREME COURT APPROVED FAMILY LAW FORM 12.903(d)
ANSWER TO COUNTERPETITION
(02/18)

When should this form be used?

This form should be used by a petitioner to respond to the respondent ’s counterpetition. You should use this form to admit or deny the allegations contained in the counterpetition.

IMPORTANT INFORMATION REGARDING E-FILING

What should I do next?

You have 20 days to answer after being served with the other party’s counterpetition. A copy of this form must be mailed, e-mailed, or hand delivered to the other party.

To proceed with your case, you should refer to the instructions to your petition regarding setting a case for trial under UNCONTESTED and CONTESTED.

Where can I look for more information?

IMPORTANT INFORMATION REGARDING E-SERVICE ELECTION

Special notes…

– 128 –

IN THE CIRCUIT COURT OF THE
JUDICIAL CIRCUIT,

IN AND FOR
COUNTY, FLORIDA

In re: The Marriage of:

_________________________________,

Petitioner/Counter-Respondent,

and

_________________________________,

Respondent/Counter-Petitioner.

ANSWER TO COUNTERPETITION

I, {full legal name}, Petitioner/Counter-Respondent, being sworn, certify that the following information is true:

agree

admit

{indicate section and paragraph number}

disagree

deny

{indicate section and paragraph number}

_____________________

I certify that a copy of this document was _____mailed _____ faxed and mailed _____ e-mailed

_____hand-delivered to the person(s) listed below on {date} ____________________________.

Respondent/Counter-Petitioner or his/her attorney:

Name:

Address:

City, State, Zip:

Fax Number:

Designated E-mail Address(es):_____________________
I understand that I am swearing or affirming under oath to the truthfulness of the claims made in this answer and that the punishment for knowingly making a false statement includes fines and/or imprisonment.

Dated:
__________________________ ________________________________________

Signature of Petitioner/Counter-Respondent

Printed Name:

Address:

City, State, Zip:

Telephone Number:

Fax Number:

Designated E-mail Address(es): ____________________

_____________________________________________

STATE OF FLORIDA

COUNTY OF _______

Sworn to or affirmed and signed before me on
by.

NOTARY PUBLIC or DEPUTY CLERK

[Print, type, or stamp commissioned name of notary or clerk.]

_ Personally known
_ Produced identification

Type of identification produced ______________________________

IF A NONLAWYER HELPED YOU FILL OUT THIS FORM, HE/SHE MUST FILL IN THE BLANKS BELOW:

[fill in all blanks] This form was prepared for the Petitioner/Counter-Respondent

This form was completed with the assistance of:
{name of individual} __________________________________________________________________,
{name of business} ___________________________________________________________________,
{address} __________ _______________________________________,
{city} ____________, {state} ___, {zip code}_____________, {telephone number}________________.

Instructions for Florida Supreme Court Approved Family Law Form 12.903(e), Answer to Supplemental Petition (02/18)

– 133 –
INSTRUCTIONS FOR FLORIDA SUPREME COURT APPROVED FAMILY LAW FORM 12.903(e),
ANSWER TO SUPPLEMENTAL PETITION
(02/18)

When should this form be used?

This form should be used when you are responding to a supplemental petition for modification of Parenting Plan, time-sharing schedule, child support, or alimony. This form is used to admit or deny all of the allegations in the supplemental petition if you do not plan to file a counterpetition. There is no form for a counterpetition to a supplemental petition in these Family Law Forms. If you want to file a counterpetition to a supplemental petition you will need to either seek legal assistance or create a form yourself. You may construct an answer and counterpetition using the pertinent sections contained in the Answer to Petition and Counterpetition for Dissolution of Marriage with Dependent or Minor Child(ren), Florida Supreme Court Approved Family Law Form 12.903(c)(1), or Answer to Petition and Counterpetition for Dissolution of Marriage with Property but No Dependent or Minor Child(ren), Florida Supreme Court Approved Family Law Form 12.903(c)(2).

IMPORTANT INFORMATION REGARDING E-FILING

What should I do next?

A copy of this form, along with all of the other forms required with this answer, must be mailed, e-mailed, or hand delivered to the other party in your case. Regardless of whether you file a counterpetition, you have 20 days to answer after being served with the other party ’s supplemental petition. After you file your answer, the case will generally proceed in one of the following two ways:

UNCONTESTED . If you file an answer that agrees with everything in the other party’s supplemental petition and you have complied with mandatory disclosure and filed all of the required papers, either party may contact the clerk, family law intake staff, or judicial assistant to set a final hearing. If you request the hearing, you must notify the other party 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 you file an answer which disagrees with or denies anything in the supplemental petition, and you are unable to settle the disputed issues, either party may 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. If you request the hearing, you should contact the clerk, family law intake staff, or judicial assistant for instructions on how to set your case for trial (final hearing).

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. See chapter 61, Florida Statutes, for more information.

IMPORTANT INFORMATION REGARDING E-SERVICE ELECTION

Special notes…

With this form, you may also need to file the following:

Uniform Child Custody Jurisdiction and Enforcement Act (UCCJEA) Affidavit

Child Support Guidelines Worksheet

Settlement Agreement

Marital Settlement Agreement for Dissolution of Marriage with Dependent or Minor Child(ren)

Marital Settlement Agreement for Dissolution of Marriage with [Property but] No Dependent or Minor Child(ren)

Notice of Social Security Number

Family Law Financial Affidavit

Certificate of Compliance with Mandatory Disclosure

service

Parenting and Time-Sharing. If you and the other party 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 will decide the parenting arrangements and time-sharing schedule 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 may be required prior to entry of a final judgment. You should contact the clerk, family law intake staff, or judicial assistant about requirements for parenting courses or mediation where you live.

Listed below are some terms with which you should become familiar before completing your supplemental 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 children; 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 the other parent 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.

Temporary Relief. If you need temporary relief regarding parental responsibility and time-sharing with child(ren), child support or alimony, you may file a Motion for Temporary Support with Dependent or Minor Child(ren), Florida Supreme Court Approved Family Law Form 12.947(a) or, if you need temporary relief regarding alimony and there are no dependent or minor child(ren), you may file a Motion for Temporary Support with No Dependent or Minor Child(ren), Florida Supreme Court Approved Family Law Form 12.947(c). For more information, see the instructions for these forms.

Settlement Agreement. If you and the other party are able to reach an agreement on any or all of the issues, you should file a Settlement Agreement. Although there is no form for this in these Florida Family Law Forms, you may construct a settlement agreement using the pertinent sections contained in Marital Settlement Agreement for Dissolution of Marriage with Dependent or Minor Child(ren), Florida Supreme Court Approved Family Law Form 12.902(f)(1), or Marital Settlement Agreement for Dissolution of Marriage with No Dependent or Minor Child(ren), Florida Supreme Court Approved Family Law Form 12.902(f)(2). Both parties 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.

Final Judgment Forms. These family law forms contain a Supplemental Final Judgment Modifying Parental Responsibility, Visitation, or Parenting Plan/Time-Sharing Schedule or Other Relief, Florida Supreme Court Approved Family Law Form 12.993(a), a Supplemental Final Judgment Modifying Child Support, Florida Supreme Court Approved Family Law Form 12.993(b), and a Supplemental Final Judgment Modifying Alimony, Florida Supreme Court Approved Family Law Form 12.993(c), which the judge may use, as appropriate. You should contact 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.

Florida Supreme Court Approved Family Law Form 12.903(e), Answer to Supplemental Petition (02/18)

– 136 –

IN THE CIRCUIT COURT OF THE
JUDICIAL CIRCUIT,

IN AND FOR
COUNTY, FLORIDA

Petitioner,

and

Respondent.

ANSWER TO SUPPLEMENTAL PETITION

I, {full legal name}, being sworn, certify that the following information is true:

agree

admit

{indicate section and paragraph number}

___________________________________________________________________________

disagree

deny

{indicate section and paragraph number}

4. If not previously filed in this case, a completed Family Law Financial Affidavit, Florida Family Law Rules of Procedure Form 12.902(b) or (c) _____, is filed with this answer, or _____will be timely filed.

5. If not previously filed in this case, a completed Notice of Social Security Number, Florida Supreme Court Approved Family Law Form 12.902(j), is filed with this answer.

{If applicable}

I certify that a copy of this document was _____ mailed _____faxed and mailed _____ e-mailed

_____hand delivered to the person(s) listed below on {date}.

Other Party or his/her attorney:

Name:

Address:

City, State, Zip: ______

Fax Number:

Designated E-mail Address(es):__________________

__________________________________________

Dated:

Signature of Party

Printed Name:

Address:

City, State, Zip:

Telephone Number:

Fax Number:

Designated E-mail Address(es):__________________

__________________________________________

STATE OF FLORIDA

COUNTY OF ________________________

Sworn to or affirmed and signed before me on
by.

NOTARY PUBLIC or DEPUTY CLERK

[Print, type, or stamp commissioned name of notary or clerk.]

__ Personally known
__ Produced identification

Type of identification produced _____________________

IF A NONLAWYER HELPED YOU FILL OUT THIS FORM, HE/SHE MUST FILL IN THE BLANKS BELOW:

[fill in all blanks] This form was prepared for the {choose one} _____ Petitioner ______ Respondent.

This form was completed with the assistance of:
{name of individual} _________________________________________________________,
{name of business} __________________________________________________________,
{address} ___________________________________,
{city} ____, {state} __, {zip code}______________, {telephone number}.

Instructions for Florida Supreme Court Approved Family Law Form 12.904(a)(1) Petition for Support Unconnected with Dissolution of Marriage with Dependent or Minor Children (02/18)

– 140 –

INSTRUCTIONS FOR FLORIDA SUPREME COURT APPROVED FAMILY LAW FORM 12.904(a)(1),
PETITION FOR SUPPORT UNCONNECTED WITH DISSOLUTION OF MARRIAGE WITH DEPENDENT OR MINOR CHILD(REN)
(02/18)

When should this form be used?

order

only

dissolution of marriage

and

Motion

for Temporary Support and Time-Sharing with Dependent or Minor Child(ren)

petition

This petition cannot address the issues of property, debts, or parental responsibility and time-sharing with child(ren). It only deals with alimony and child support.

IMPORTANT INFORMATION REGARDING E-FILING

What should I do next?

For your case to proceed, you must properly notify your spouse of the petition. Because this petition concerns child support and alimony, you should use personal service. If your spouse is in the military service of the United States, additional steps for service may be required. See
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). Service on a spouse who is in the military can be complicated; therefore, you may wish to consult an attorney regarding this issue.

answer

DEFAULT . If after 20 days, no answer has been filed, 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.

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. Then 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 section 61.09, Florida Statutes.

IMPORTANT INFORMATION REGARDING E-SERVICE ELECTION

Special notes…

With this form you must also file the following:

Notice of Social Security Number

Uniform Child Custody Jurisdiction and Enforcement Act (UCCJEA) Affidavit

Family Law Financial Affidavit

Certificate of Compliance with Mandatory Disclosure

service

Child Support Guidelines Worksheet

Alimony. Alimony may be awarded to a spouse if the judge finds that one spouse has an actual need for it and 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.

Child Support. Both parents are required to provide financial support for their minor or dependent children; 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.

Temporary Relief. If you need temporary relief regarding 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.

Final Judgment Forms. These family law forms contain a Final Judgment of Support Unconnected with Dissolution of Marriage with Dependent or Minor Child(ren), Florida Supreme Court Approved Family Law Form 12.994(a), which the judge may use if your case is contested. 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.

– 145 –

IN THE CIRCUIT COURT OF THE _____________________ JUDICIAL CIRCUIT,

IN AND FOR ______________________________ COUNTY, FLORIDA

Petitioner,

and

_________________________________,

Respondent.

PETITION FOR SUPPORT UNCONNECTED WITH DISSOLUTION OF MARRIAGE WITH DEPENDENT OR MINOR CHILD(REN)

I, {full legal name} ____________________________________, the Petitioner, being sworn, certify that the following statements are true:

1. JURISDICTION

_____ Petitioner _____ Respondent ____ Both live in Florida at the filing of this Petition for Support Unconnected with Dissolution of Marriage, which is filed pursuant to section 61.09, Florida Statutes.

2. Petitioner _____ is or _____ is not a member of the military service.

Respondent _____ is or _____ is not a member of the military service.

3. MARRIAGE HISTORY

{month, day, year}

{county, state, country} ______________________________________.

4. MINOR CHILD(REN)

[Indicate

all

that apply]

a____Petitioner is pregnant. The baby is due on: {date} ______________

{date}_____________________________

c. ____The minor (under 18) child(ren) common to both parties, conceived or born during the marriage, are:

Name Birth Date

Name Birth Date
____________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________

5. A completed Notice of Social Security Number, Florida Supreme Court Approved Family Law Form 12.902(j), is filed with this petition.

6. A completed Family Law Financial Affidavit, Florida Family Law Rules of Procedure Form 12.902(b) or (c) _____ is filed with this petition or _____ will be timely filed.

7. A completed Child Support Guidelines Worksheet, Florida Family Law Rules of Procedure Form 12.902(e), _____ is filed with this petition, or _____ will be timely filed.

8. A completed Uniform Child Custody Jurisdiction and Enforcement Act (UCCJEA) Affidavit, Florida Supreme Court Approved Family Law Form 12.902(d), is filed with this petition.

SECTION I. SPOUSAL SUPPORT (ALIMONY)

Petitioner does not request spousal support (alimony) from Respondent at this time

2. Respondent has the ability to contribute to Petitioner’s support and has failed to do so. Petitioner requests that the Court order Respondent to pay spousal support (alimony) to Petitioner, who claims that he or she has an actual need for the support that he or she is requesting. Spousal support (alimony) is requested in the amount of $ ____________ every _____ week _____ other week _____ month, or _____ other _________________, beginning {date} __________________, and continuing until {date or event}_____________________

___________________________________________________________________________.

Explain why the Court should order Respondent to pay and any specific request(s) for type of alimony (temporary, permanent, rehabilitative, bridge-the-gap, durational, and/or lump sum): ______________________________________________________________________

3. _____Other provisions relating to alimony including any tax treatment and consequences:

4. Petitioner requests life insurance on Respondent’s life, provided by Respondent, to secure such support.

SECTION II. CHILD SUPPORT

1. Respondent has the ability to contribute to the support of his or her minor child(ren) and has failed to do so.

[Indicate all that apply]

3. _____Petitioner requests that the Court award child support to be paid beyond the age of 18 years by Respondent because:

{name(s)}

{explain}:

b.____the following child(ren), {name(s)},

is (are) dependent in fact, is (are) in high school and is (are) between the ages of 18 and 19; said child(ren) is (are) performing in good faith with a reasonable expectation of graduation before the age of 19.

4._____ Petitioner requests that medical/dental insurance for the minor child(ren) be provided by: [ Choose only one ]

b. ____ Respondent.

5._____ Petitioner requests that uninsured medical/dental expenses for the child(ren) be paid: [ Choose only one ]

b. ____ by Respondent

c. ____ equally (each spouse pays one-half)

d. __ according to the percentages in the Child Support Guidelines Worksheet, Florida Family Law Rules of Procedure Form 12.902(e).

e. _ Other {explain} : ___________________________________________________.

SECTION III. OTHER RELIEF

SECTION IV. REQUEST

(This section summarizes what you are asking the Court to include in the order for support.)

Petitioner requests that the Court enter an order establishing support and:

[Indicate all that apply]

b. ____ establishing child support for the minor child(ren) common to both parties, as requested in Section II of this petition;

c. ____ awarding other relief as requested in Section III of this petition; and any other items the Court deems necessary.

Dated:

Signature of Petitioner

Printed Name:

Address:

City, State, Zip:

Telephone Number:

Fax Number:

Designated E-mail Address(es):__________________

__________________________________________

STATE OF FLORIDA

COUNTY OF ________________________

Sworn to or affirmed and signed before me on
by.

NOTARY PUBLIC or DEPUTY CLERK

[Print, type, or stamp commissioned name of notary or clerk.]

__ Personally known
__ Produced identification

Type of identification produced _____________________

IF A NONLAWYER HELPED YOU FILL OUT THIS FORM, HE/SHE MUST FILL IN THE BLANKS BELOW:

[fill in all blanks] This form was prepared for the {choose one} _____ Petitioner ______ Respondent.

This form was completed with the assistance of:
{name of individual} _________________________________________________________,
{name of business} __________________________________________________________,
{address} ___________________________________,
{city} ____, {state} __, {zip code}______________, {telephone number}. Instructions for Florida Supreme Court Approved Family Law Form 12.904(a)(2), Petition for Support and Parenting Plan Unconnected with Dissolution of Marriage (02/18)

– 150 –
INSTRUCTIONS FOR FLORIDA SUPREME COURT APPROVED FAMILY LAW FORM 12.904(a)(2),
PETITION FOR SUPPORT AND PARENTING PLAN UNCONNECTED WITH DISSOLUTION OF MARRIAGE WITH DEPENDENT OR MINOR CHILD(REN)
(02/18)

When should this form be used?

order

only

dissolution of marriage

and

Motion

for Temporary Support and Time-Sharing with Dependent or Minor Child(ren)

petition

This petition cannot address the issues of property or debts. It only deals with alimony, child support, and Parenting Plans.

IMPORTANT INFORMATION REGARDING E-FILING

What should I do next?

For your case to proceed, you must properly notify your spouse of the petition. Because this petition concerns child support and alimony, you should use personal service. If your spouse is in the military service of the United States, additional steps for service may be required. See 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). Service on a spouse who is in the military can be complicated; therefore, you may wish to consult an attorney regarding this issue.

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:

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. Then 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?

IMPORTANT INFORMATION REGARDING E-SERVICE ELECTION

Special notes…

With this form you must also file the following:

Notice of Social Security Number

· Uniform Child Custody Jurisdiction and Enforcement Act (UCCJEA) Affidavit, Florida Supreme Court Approved Family Law Form 12.902(d), if the case involves minor or dependent child(ren).

· Family Law Financial Affidavit, Florida Family Law Rules of Procedure Form 12.902(b) or (c).

· 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 the other party have agreed not to exchange these documents.)

· 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.)

· 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.

Alimony.

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).

permanent alimony, bridge-the-gap alimony, durational alimony,

rehabilitative alimony.

Child Support. Both parents are required to provide financial support for their minor or dependent children; however, t he 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.

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 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).

· Shared Parental Responsibility

· Sole Parental Responsibility

· Supervised Time-Sharing

· No contact

· Parenting Plan

· Parenting Plan Recommendation

· Time-Sharing Schedule

– 156 –

IN THE CIRCUIT COURT OF THE _____________________ JUDICIAL CIRCUIT,

IN AND FOR ______________________________ COUNTY, FLORIDA

In re: the Marriage of: Case No: ________________________

Division: ________________________

_________________________________,

Petitioner,

and

_________________________________,

Respondent.

PETITION FOR SUPPORT AND PARENTING PLAN UNCONNECTED WITH DISSOLUTION OF MARRIAGE WITH DEPENDENT OR MINOR CHILD(REN)

I, {full legal name} _____________________________________, the Petitioner, being sworn, certify that the following statements are true:

1. JURISDICTION

2. Petitioner _____ is or _____ is not a member of the military service.

Respondent _____ is or _____ is not a member of the military service.

3. MARRIAGE HISTORY

{month, day, year}

{county, state, country} ______________________________________.

4. MINOR CHILD(REN)

[Indicate

all

that apply]

{date}

____________

b. _____Respondent is pregnant. The baby is due on: {date}______________________________

c.____The minor (under 18) child(ren) common to both parties, conceived or born during the marriage, are:

Name Birth date

________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________
d.________The child(ren) common to both parties who are 18 or older but who are dependent upon the parties due to a mental or physical incapacity are:

5 . A completed Notice of Social Security Number, Florida Supreme Court Approved Family Law Form 12.902(j), is filed with this petition.

6. A completed Family Law Financial Affidavit, Florida Family Law Rules of Procedure Form 12.902(b) or (c) _____ is filed with this petition or _____ will be timely filed.

7. A completed Child Support Guidelines Worksheet, Florida Family Law Rules of Procedure Form 12.902(e), _____ is filed with this petition, or _____ will be timely filed.

8. A completed Uniform Child Custody Jurisdiction and Enforcement Act (UCCJEA) Affidavit, Florida Supreme Court Approved Family Law Form 12.902(d), is filed with this petition.

SECTION I. SPOUSAL SUPPORT (ALIMONY)

Petitioner does not request spousal support (alimony) from Respondent at this time

2. Respondent has the ability to contribute to Petitioner’s support and has failed to do so. Petitioner requests that the Court order Respondent to pay spousal support (alimony) to Petitioner, who claims that he or she has a need for the support that he or she is requesting. Spousal support (alimony) is requested in the amount of $____________ every _____ week _____ other week _____ month, or ______other __________, beginning {date} _________________, and continuing until {date or event} ________________ _________________________________________________________________ .

_____________________________________________________________________________.

3. _____Other provisions relating to alimony including any tax treatment and consequences:

4. Petitioner requests life insurance on the other spouse’s life, provided by that spouse, to secure such support.

SECTION II. PARENTING PLAN ESTABLISHING PARENTAL RESPONSIBILITY AND TIME-SHARING

{explain}

2. Parental Responsibility. It is in the child(ren)’s best interests that parental responsibility be:

{Choose only

one

}

d. ____ awarded solely to _____ Petitioner _____ Respondent. Shared parental responsibility would be detrimental to the child(ren) because:____________________________________

3. Parenting Plan and Time-Sharing. It is in the best interests of the child(ren) that the family be

ordered to comply with a Parenting Plan that _____ includes _____ does not include parental

{name or designation}_

name or designation}_________________________________.

{Choose only one }

{Choose only one}

not

b. _____Each child will have time-sharing with both parents as follows: __________________

_____________________________________________________________________

_____________________________________________________________________

____________________________________________________________________________

(_____ Indicate if a separate sheet is attached.)
c. ____ The court should establish a Parenting Plan with the following provisions for:
{Insert name or designation of the appropriate parent in the space provided}

____ No time-sharing for Parent _____________

____ Limited time-sharing with Parent __________

____ Supervised Time-Sharing for Parent ___________Parent___________;

____ Supervised or third-party exchange of the child(ren).

____ Explain:

______________________________________________________________________________

_____________________________________________________________________________

______________________________________________________________________________.

4. Explain why this request is in the best interests of the child(ren): ___________________________

__________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________

SECTION III. CHILD SUPPORT

1. Respondent has the ability to contribute to the support of his or her minor child(ren) and has failed to do so. Based upon the time-sharing schedule, the Petitioner is entitled to child support.

[Indicate all that apply]

3. _____Petitioner requests that the Court award child support to be paid beyond the age of 18 years by Respondent because:

{name(s)}

{explain}:

4._____ Petitioner requests that medical/dental insurance for the minor child(ren) be provided by: [ Choose only one ]

d. ____ Respondent.

5._____ Petitioner requests that uninsured medical/dental expenses for the child(ren) be paid: [ Choose only one ]

g. ____ by Respondent

h. ____ equally (each spouse pays one-half)

i. __according to the percentages in the Child Support Guidelines Worksheet, Florida Family Law Rules of Procedure Form 12.902(e).

j. _ Other {explain}: ___________________________________________________.

SECTION IV. OTHER RELIEF

SECTION V. REQUEST

(This section summarizes what you are asking the Court to include in the order for support.)

Petitioner requests that the Court enter an order:

{Indicate all that apply}

2. ____ adopting or establishing a Parenting Plan containing provisions for parental responsibility and time-sharing for the dependent or minor child(ren), as requested in Section II of this petition;

3.____ establishing child support for the minor child(ren), as requested in Section III of this petition;

4. ____ awarding other relief as requested in Section IV of this petition; and any other items the Court deems necessary.

Dated: ___________________

STATE OF FLORIDA

COUNTY OF

Sworn to or affirmed and signed before me on
by.

______________________________________

NOTARY PUBLIC or DEPUTY CLERK _______________________________________

[Print, type, or stamp commissioned name of notary or deputy clerk.}

_ Personally known
_ _ Produced identification

IF A NONLAWYER HELPED YOU FILL OUT THIS FORM, HE/SHE MUST FILL IN THE BLANKS BELOW:

[fill in all blanks] This form was prepared for the Petitioner

This form was completed with the assistance of:
{name of individual}_______________________________________________________________,
{name of business} _________________________________________________________________,
{address} ________________________________________________________________________,
{city} ____________, {state} ____, {zip code}____________, {telephone number} _______________.

Instructions for Florida Supreme Court Approved Family Law Form 12.904(b), Petition for Support Unconnected with Dissolution of Marriage with No Dependent or Minor Child(ren) (02/18)

– 159 –
INSTRUCTIONS FOR FLORIDA SUPREME COURT APPROVED FAMILY LAW FORM 12.904(b),
PETITION FOR SUPPORT UNCONNECTED WITH DISSOLUTION OF MARRIAGE WITH NO DEPENDENT OR MINOR CHILD(REN)
(02/18)

When should this form be used?

This form may be used if a dissolution of marriage has not been filed, and you are requesting alimony. If a petition for dissolution has been filed, you should file a Motion for Temporary Support with No Dependent or Minor Child(ren), Florida Supreme Court Approved Family Law Form 12.947(c), instead of using this petition. Also, if you are requesting that an order be entered for you to pay support to your spouse, you should not file this form.

This petition does not address the issues of property or debts. It only deals with alimony.

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 are referred to as the petitioner and your spouse as the respondent.

IMPORTANT INFORMATION REGARDING E-FILING

What should I do next?

For your case to proceed, you must properly notify your spouse of the petition. Because this petition concerns alimony, you should use personal service. 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). Service on a spouse who is in the military can be complicated; therefore, you may wish to consult an attorney regarding this issue.

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:

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. Then 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?

IMPORTANT INFORMATION REGARDING E-SERVICE ELECTION

Special notes…

With this form you must also file the following:

· 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 within 45 days of service of the petition on the respondent, if not filed at the time of the petition.)

· 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 the other party have agreed not to exchange these documents.) Alimony. Alimony may be awarded to a spouse if the judge finds that one spouse has an actual need for it and 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.

Temporary Relief. If you need temporary relief regarding alimony, you may file a Motion for Temporary Support with No Dependent or Minor Child(ren), Florida Supreme Court Approved Family Law Form 12.947(c). For more information, see the instructions for that form.

Final Judgment Forms . These family law forms contain a Final Judgment of Support Unconnected with Dissolution of Marriage with No Dependent or Minor Child(ren), Florida Supreme Court Approved Family Law Form 12.994(b), which the judge may use if your case is contested. 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.

– 162 –

IN THE CIRCUIT COURT OF THE _____________________ JUDICIAL CIRCUIT,

IN AND FOR ______________________________ COUNTY, FLORIDA

In re: the Marriage of: Case No: ________________________

Division: ________________________

_________________________________,

Petitioner,

and

_________________________________,

Respondent.

PETITION FOR SUPPORT UNCONNECTED WITH DISSOLUTION OF MARRIAGE WITH NO DEPENDENT OR MINOR CHILD(REN)

I, {full legal name} ______________________________________________________, the
[Choose only one] Petitioner, being sworn, certify that the following statements are true:

1. JURISDICTION

_____ Petitioner _____ Respondent _____ Both live in Florida at the filing of this Petition for Support Unconnected with Dissolution of Marriage, which is filed pursuant to section 61.09, Florida Statutes.

2. Petitioner _____ is or _____ is not a member of the military service.

Respondent _____ is or _____ is not a member of the military service.

3. MARRIAGE HISTORY

{month, day, year}

4. A completed Family Law Financial Affidavit, Florida Family Law Rules of Procedure Form 12.902(b) or (c),_____ is filed with this petition or _____ will be timely filed.

5. A completed Notice of Social Security Number, Florida Supreme Court Approved Family Law Form 12.902(j), _____is filed with this petition or _____ will be timely filed.

SECTION I. SPOUSAL SUPPORT (ALIMONY)

1. _____Respondent has the ability to contribute to Petitioner’s support and has failed to do so. Petitioner requests that the Court order Respondent to pay spousal support (alimony) to Petitioner, who claims that he or she has an actual need for the support that he or she is requesting. Spousal support (alimony) is requested in the amount of $__________every _____ week _____ other week _____ month, or _____ other _______________ beginning {date} ______________, and continuing until {date or event} _______________________.

2. _____ Other provisions relating to alimony including any tax treatment and consequences:

3. ____ Petitioner requests life insurance on Respondent’s life, provided by that spouse, to secure such support. SECTION II. OTHER RELIEF

SECTION III. REQUEST (This section summarizes what you are asking the Court to include in the order for support.)

Petitioner requests that the Court enter an order establishing support and:
[Indicate all that apply]
1.____ awarding spousal support (alimony) pursuant to Section I of this petition;

2.____ awarding other relief as specified in Section II of this petition; and any other terms the Court deems necessary.

Dated: ______________________ _____________________________________________

Printed Name: _________________________________

Address: ______________________________________

City, State, Zip: _________________________________

Telephone Number: _____________________________

Fax Number: __________________________________

Designated E-mail Addresses):_____________________

_____________________________________________

STATE OF FLORIDA
COUNTY OF ____________________

Sworn to or affirmed and signed before me on ____________ by _______________________________.

_____________________________________________

NOTARY PUBLIC or DEPUTY CLERK

[Print, type, or stamp commissioned name of notary or deputy clerk.]

____ Personally known
____ Produced identification

____ Type of identification produced
________________________________

IF A NONLAWYER HELPED YOU FILL OUT THIS FORM, HE/SHE MUST FILL IN THE BLANKS BELOW:

[fill in all blanks] This form was prepared for the: {choose only one } Petitioner

This form was completed with the assistance of:
{name of business} ________________________________________________________________,
{address} _________________________________________________________________________,
{city} __________________, {state} _____, {zip code}__________, {telephone number} _____________.

Florida Supreme Court Approved Family Law Form 12.947(b), Temporary Order of Support, Time-Sharing and Other Relief with Dependent or Minor Child(ren) (02/18)

– 174 –

IN THE CIRCUIT COURT OF THE
JUDICIAL CIRCUIT,

IN AND FOR
COUNTY, FLORIDA

In Re: The Marriage of:

Petitioner,

and

Respondent.

TEMPORARY ORDER OF SUPPORT, TIME-SHARING, AND OTHER RELIEF WITH DEPENDENT OR MINOR CHILD(REN)

This cause came before this Court for a hearing on a Motion for Temporary Support, Time-Sharing, and Other Relief with Dependent or Minor Child(ren). The Court, having reviewed the file and heard the testimony, makes these findings of fact and ORDERS as follows:

The Court has jurisdiction over the subject matter and the parties.

SECTION I. MARITAL ASSETS AND LIABILITIES

Injunction.

2. The Court may enforce compliance with the terms of this injunction through civil and/or indirect criminal contempt proceedings, which may include arrest, incarceration, and/or the imposition of a fine.

3. Violation of this injunction may constitute criminal contempt of court.

4. Bond. This order is conditioned upon _____ Petitioner _____ Respondent posting bond in the sum of $ with the clerk of this Court.

Temporary Use of Assets.

Any personal property not listed below shall be for the use of party currently in possession of that item(s), and he or she may not dispose of that item(s) without the written permission of the other party or a court order.

ASSETS: DESCRIPTION OF ITEM(S) (Please describe each item as clearly as possible. You do not have to list account numbers.)	Petitioner Shall Have Temporary Use	Respondent Shall Have Temporary Use
Automobiles



Furniture & furnishings in home






Furniture & furnishings elsewhere



Jewelry
Business interests

Other Assets

C. Temporary Responsibility for Liabilities/Debts.

LIABILITIES: DESCRIPTION OF DEBT(S) (Please describe each item as clearly as possible. You do not have to list account numbers.)	Current Amount Owed	Petitioner Shall Pay	Respondent Shall Pay
Mortgages on real estate: (home)	$	$	$

	_______	_______	__________
Charge/credit card accounts	_______	_______	__________

Auto loan
Auto loan
Bank/Credit Union loans



Money owed (not evidenced by a note)

Other

SECTION II. TEMPORARY EXCLUSIVE USE AND POSSESSION OF HOME

[Indicate all that apply]

{address}

until: {date or event}
.

2. _____ Petitioner _____Respondent may make a visit to the premises described in the paragraph above for the purpose of obtaining his or her clothing and items of personal health and hygiene and to obtain any items awarded in this order. This visit shall occur after notice to the person granted temporary exclusive use and possession of the dwelling and at the earliest convenience of both parties.

3. _____Other: ____________________________________________________________________

SECTION III. TEMPORARY PARENTAL RESPONSIBILITY AND TIME-SHARING WITH DEPENDENT OR MINOR CHILD(REN) {Insert the name or designation of each parent in the spaces provided below}

Jurisdiction.

2. The parties’ dependent or minor child(ren) is (are):

Name Birth date

3. Temporary Parental Responsibility for the Minor Child(ren).

{Choose only one }{Insert the name or designation of each parent in the space provided}

shared parental responsibility

sole parental responsibility

____

c. _____ Parent __________________ shall have ultimate decision making authority regarding the following:______________________________________________________

d. Other provisions: __________________________________________________________

4. Temporary Time-sharing Schedule with Minor Child(ren). The parent(s) shall have:

{Choose only

one

}{Insert the name or designation of each parent in the space provided.}

a. _____ reasonable time-sharing schedule with the parties’ minor child(ren) as agreed to by the parties, subject to any limitations in paragraph 5 below. The Court reserves jurisdiction to set a specific schedule.
b. _____the following specified time-sharing schedule with the parties’ minor child(ren), subject to any limitations set out in paragraph 5 below: {specify days and times} _________________________________________________________________________

Parent {name or designation}_____________________________ ’s Temporary Time-Sharing Schedule.

_________________________________________________________________________

_________________________________________________________________________

_________________________________________________________________________

_________________________________________________________________________.

Parent {name or designation}_______________________________ ’s Temporary Time-sharing Schedule.

_________________________________________________________________________

_________________________________________________________________________

_________________________________________________________________________

_________________________________________________________________________.

c. _____ Time-sharing in accordance with the temporary Parenting Plan attached as

Exhibit _____.

{name or designation

no contact

{explain}:

Limitations on Time-sharing.

{If applicable}

{Insert the appropriate information in the space provided.}

supervised by a responsible adult

{name} _________________________.

supervised visitation/time-sharing

{address}

{name or designation}

Communication Arrangements, Parental Responsibility and Time-sharing with Minor Child(ren).

{Indicate

applicable}

{name}

b. _____Other conditions for arrangements or discussions: {explain}
_________________________________________________________________________

________________________________________________________________________

________________________________________________________________________.

7. Exchange of Minor Child(ren). The exchange of the minor child(ren) shall be on time as scheduled and as agreed to by the parties. The following conditions, if indicated below, shall also apply. {Indicate all that apply}
{Insert the name or designation of each parent in the space provided.}

b. _____Parent {name or designation} ______________ shall not get out of the vehicle, and the other parent shall not approach the vehicle, during the time the child(ren) are exchanged.
c. _____ A responsible person shall conduct all exchanges of the child(ren). Parent {name or designation} _________________ shall not be present during the exchange. If the parties cannot agree, the responsible person shall be: {name} _____________________________
d. _____ Other conditions for exchange of the child(ren) are as follows: __________________

8. _____ Injunction Prohibiting Removing the Child(ren). The Court hereby temporarily prohibits and enjoins

_____ Parent {name or designation } __________________

______ Both parents from removing the minor child(ren) from the State of Florida without a court order or the written consent of the other party.

Other Temporary Provisions Relating to the Minor Child(ren).

SECTION IV. TEMPORARY ALIMONY

2. _____ The Court finds that there is a need for, and that _____ Petitioner _____ Respondent, hereinafter Obligor, has/had the present ability to pay temporary alimony as follows:

{Indicate all that apply}

____

Temporary Periodic.

{explain}

{date}

______________

________________________

{date or event}

Retroactive.

{date}

____

{date}

______________

Reasons for Awarding/Denying Temporary Alimony Award.

________ Please indicate here if additional pages are attached.

Retroactive Alimony.

{date} _____________

{explain}

beginning: {date} _________, until paid in full including statutory interest.

Insurance.

{Indicate all that apply}

Health Insurance.

Life Insurance (to secure payment of support).

_____

6. _____Other provisions relating to temporary alimony including any tax treatment and consequences:_________________________________________________________________

____________________________________________________________________________.

SECTION V. TEMPORARY CHILD SUPPORT

1. The Court finds that there is a need for temporary child support and that the _____ Petitioner _____ Respondent (hereinafter Obligor) has the present ability to pay child support. The amounts in the Child Support Guidelines Worksheet, Florida Family Law Rules of Procedure Form 12.902(e), filed by the _____ Petitioner _____ Respondent are correct

The Court makes the following findings:

Petitioner’s net monthly income is $ ____.

Respondent’s net monthly income is $ _____.

Monthly child care costs are $ _______.

Monthly health/dental insurance costs are $ __.

Amount.

Child support established at the rate of $_________per month for the _____children {total number of minor or dependent children} shall be paid commencing ___________________ {month, day, year} and terminating _________________________ {month, day, year}. Child support shall be paid in the amount of $__________ per ________ {week, month, other} which is consistent with the Obligor’s current payroll cycle.

{number of remaining children}

{month, day, year}

{month, day, year}.

{week, month, other}

{Insert schedule for the child support obligation, including the amount, and commencement and termination dates, for the remaining minor or dependent children, which shall be payable as the obligation for each child ceases. Please indicate whether the schedule ____appears below or____ is attached as part of this form}

_____________________________________________________________________________

_____________________________________________________________________________

_____________________________________________________________________________

__________________________________________________________________________________________________________________________________________________________

____________________________________________________________________________.

The Obligor shall pay child support until all of the minor or dependent children: reach the age of 18; become emancipated, marry, join the armed services, die, or become self-supporting; or until further order of the court or agreement of the parties. The child support obligation shall continue beyond the age of 18 and until high school graduation for any child who is dependent in fact, between the ages of 18 and 19, and is still in high school performing in good faith with a reasonable expectation of graduation before age 19.

3. Retroactive Child Support.

{Indicate if applicable}

_____Petitioner _____ Respondent shall pay to the other party the temporary retroactive child support of $ ___ , as of {date}. This amount shall be paid in the amount of $
per month, payable in accordance with Obligor’s employer’s payroll cycle, and in any event at least once a month, or _____ other {explain} _______________

beginning {date}, until paid in full including statutory interest.

. Insurance.

[Indicate all that apply]

Health/Dental Insurance.

_____ Health _____ dental insurance is not reasonable in cost or accessible to the child(ren) at this time.

Reasonable and necessary uninsured medical/dental/prescription drug costs for the minor child(ren) shall temporarily be assessed as follows:

{explain}

As to these uninsured medical/dental/prescription drug expenses, the party who incurs the expense shall submit request for reimbursement to the other party within 30 days, and the other party, within 30 days of receipt, shall submit the applicable reimbursement for that expense, according to the schedule of reimbursement set out in this paragraph.

5 . _____Life Insurance (to secure payment of support). To secure the temporary child support obligations in this order, _____ Petitioner _____ Respondent _____ Each party shall temporarily maintain life insurance, in an amount of at least $ ______, on _____ his/her life naming the _____ minor child(ren) as the beneficiary (ies) OR naming the

{name}

{date/event}

SECTION VI. METHOD OF PAYMENT

Obligor shall pay any temporary court-ordered child support/alimony and arrears, if any, as follows:

Place of Payment

_____

Income Deduction.

Immediate.

Deferred.

not

{explain}

AND

there is proof of timely payment of a previously ordered obligation without an income deduction order in cases of modification,
AND

_____ there is an agreement by the Obligor to advise the Title IV-D agency, the clerk of court, and the Obligee of any change in Payor and/or health insurance

_____ there is a signed written agreement providing an alternative arrangement between the Obligor and the Obligee and, at the option of the IV-D agency, by the IV-D agency in IV-D cases in which there is an assignment of support rights to the state, reviewed and entered in the record by the court.

3. Bonus/one-time payments. _____ All _____% _____ No income paid in the form of a bonus or other similar one-time payment, up to the amount of any arrearage or the remaining balance thereof owed pursuant to this order, shall be forwarded to the Obligee pursuant to the payment method prescribed above.

4. Other provisions relating to method of payment. ____________________________________

SECTION VII. TEMPORARY ATTORNEY’S FEES, COSTS, AND SUIT MONEY

SECTION VIII. OTHER PROVISIONS

Other Provisions:

DONE AND ORDERED in _______________________, Florida on {date} _______________________.

CIRCUIT JUDGE

I certify that a copy of this {name of document(s)} __________________________________________ was ____ mailed ____ faxed and mailed ____ e-mailed ____ hand-delivered to the parties or entities listed below on {date} ______________________.

by _______________________________________
{Clerk of court or designee}

Petitioner (or his or her attorney)

Respondent (or his or her attorney)

State Disbursement Unit

Central depository

Other:

Florida Supreme Court Approved Family Law Form 12.947(d), Temporary Order of Support and Other Relief with No Dependent or Minor Child(ren) (02/18)

– 181 –

IN THE CIRCUIT COURT OF THE _____________________ JUDICIAL CIRCUIT,

IN AND FOR ______________________________ COUNTY, FLORIDA

Case No: _____________________

Division: _____________________

In Re: The Marriage of:

_________________________________,

Petitioner,

and

_________________________________,

Respondent.

ORDER FOR TEMPORARY SUPPORT AND OTHER RELIEF
WITH NO DEPENDENT OR MINOR CHILD(REN)

This cause came before this Court for a hearing on a Motion for Temporary Support and Other Relief with No Dependent or Minor Child(ren). The Court, having reviewed the file and heard the testimony, makes these findings of fact and ORDERS as follows:

The Court has jurisdiction over the subject matter and the parties.

SECTION I. MARITAL ASSETS AND LIABILITIES

A. Injunction.

3. Violation of this injunction may constitute criminal contempt of court.

4. Bond. This order is conditioned upon _____ Petitioner _____ Respondent posting bond in the sum of $__________ with the clerk of this Court.

B. Temporary Use of Assets.

ASSETS: DESCRIPTION OF ITEM(S) (Please describe each item as clearly as possible. You do not need to list account numbers.)	Petitioner Shall Have Temporary Use	Responden t Shall Have Temporary Use
Automobiles



Furniture & furnishings in home






Furniture & furnishings elsewhere



Jewelry
Business interests

Other Assets

C. Temporary Responsibility for Liabilities/Debts.

LIABILITIES: DESCRIPTION OF DEBT(S) (Please describe each item as clearly as possible. You do not need to list account numbers.)	Current Amount Owed	Petitioner Shall Pay		Respondent Shall Pay
Mortgages on real estate: (home)	$		$	$

	_______		_______	_________
Charge/credit card accounts	_______		_______	_________

Auto loan
Auto loan
Bank/Credit Union loans



Money owed (not evidenced by a note)

Other

SECTION II. TEMPORARY EXCLUSIVE USE AND POSSESSION OF HOME

{Indicate

all

that apply}

{address}

until {date or event}
.

3. _____ Other:

SECTION III. TEMPORARY ALIMONY

2. _____The Court finds that there is a need for, and that _____ Petitioner _____ Respondent, hereinafter Obligor, has/had the present ability to pay, temporary alimony as follows:

{Indicate

all

that apply}

a. _____ Temporary Periodic. Obligor shall pay temporary periodic alimony to Obligee in the amount of $__________ per month, payable _____ in accordance with Obligor’s employer’s payroll cycle, and in any event, at least once a month, or _____ other {explain} _____________________________________________________________________

beginning {date} _____________. This temporary periodic alimony shall continue until modified by court order, the death of either party, or until {date or event} _________________ whichever occurs first.
b. _____ Retroactive. Obligor shall pay retroactive alimony in the amount of $__________ for the period of {date} ___________________ through {date} _______________________, which shall be paid pursuant to paragraph 4 below.

Reasons for Awarding/Denying Temporary Alimony Award.

____ Please indicate here if additional pages are attached.

Retroactive Alimony.

{date}

{explain}:

,

beginning {date} ___________________________, until paid in full including statutory interest.

Insurance.

[Indicate

all

that apply]

Health Insurance.

Life Insurance (to secure payment of support).

Other provisions relating to temporary alimony including any tax treatment and consequences:

SECTION IV. METHOD OF PAYMENT

Obligor shall pay any temporary court-ordered alimony and arrears, if any, as follows:

Place of Payment.

[Indicate

applies]

b. _____ Both parties have requested and the Court finds that it is in the best interests that temporary support payments need not be directed through either the State Disbursement Unit or the central depository at this time; however, either party may subsequently apply, pursuant to section 61.13(1)(d)3, Florida Statutes, to require payments through either the State Disbursement Unit or the central depository.

Income Deduction.

[If applicable]

Immediate.

Deferred.

AND

there is proof of timely payment of a previously ordered obligation without an income deduction order in cases of modification,

AND

Bonus/one-time payments.

Other provisions relating to method of temporary payment:

SECTION V. TEMPORARY ATTORNEY’S FEES, COSTS, AND SUIT MONEY

SECTION VI. OTHER PROVISIONS

Other Provisions:

DONE AND ORDERED in __________________________, Florida, on {date} ______________________.

I certify that a copy of this {name of document} ____________________________________________

was ____ mailed ____ faxed and mailed ____ e-mailed ____ hand-delivered to the parties or entities listed below on {date}___________________________.

by___________________________________
{Clerk of court or designee}

Petitioner (or his or her attorney)

Respondent (or his or her attorney)

State Disbursement Unit

Other:

Florida Supreme Court Approved Family Law Form 12.950(d), Agreement for Modification to Permit Relocation with Child(ren) (06/07)

Instructions for Florida Supreme Court Approved Family Law Form 12.950(a), Agreement for Relocation with Minor Child(ren) (02/18)

– 185 –

Instructions for Florida Supreme Court Approved Family Law Form 12.950(a), Agreement for Relocation with Minor Child(ren) (02/18)

– 182 –
INSTRUCTIONS FOR FLORIDA SUPREME COURT APPROVED FAMILY LAW FORM 12.950(a)
AGREEMENT FOR RELOCATION WITH MINOR CHILD(REN)
(02/18)

When should this form be used?

This form should be used when the parents and every other person entitled to access to, visitation, or time-sharing with the minor child(ren) are in agreement and are asking the court to permit the relocation of the child(ren)’s principal residence. “Other Person” means an individual who is not the parent, but with whom the child resides pursuant to court order, or who has the right of access to, time-sharing with, or visitation with the child(ren). This form can be used at any time after either a petition or supplemental petition to relocate has been filed and the parties reach an agreement; OR can be used when the parties are in agreement and there is an existing cause of action, judgment, or decree of record pertaining to the child(ren)’s residence or time-sharing schedule. Either an agreement for relocation or a petition to relocate is required when:

1. You plan to relocate the child(ren)’s residence more than 50 miles from the child(ren)’s principal residence at the time of the last order which established or modified either a Parenting Plan or time-sharing schedule or at the time of filing of the pending action.
2. The court has not already entered an order granting permission to relocate.
3. The relocation will be for a period of 60 consecutive days or more, not including any absence for purposes of vacation, education, or health care for the child(ren).
4. Your order or final judgment defining custody, primary residence, the Parenting Plan, or time-sharing was entered before October 1, 2009 and the order does not expressly govern the relocation of the child(ren); or was entered on or after October 1, 2009, or your case was pending on October 1, 2009.

5. If the visitation or time-sharing schedule will change due to the relocation, a Parenting Plan with a time-sharing schedule must be included with the Agreement. Regardless of whether there is an agreement, the court reserves jurisdiction to modify issues relating to the minor child(ren).

This form should be typed or printed in black ink. You must fill in all sections of the form. If you are an “other person” entitled to access, visitation, or time-sharing with the child(ren), substitute your name for a Parent in the form and “parties” for “parents.” After completing the form, you should sign the form before a notary public or deputy clerk .

IMPORTANT INFORMATION REGARDING E-FILING

What should I do next?

For your case to proceed, you must properly notify the court by filing the original of the Agreement and a Motion for Order Permitting Relocation by Agreement, Florida Supreme Court Approved Family Law Form, 12.950 (b), with the clerk of the circuit court of one of the following: the circuit court which has jurisdiction in accordance with the Uniform Child Custody Jurisdiction and Enforcement Act; the circuit court in the county in which either parent and the child(ren) reside; or the circuit court in which the original action was adjudicated. If the order was entered in another state, or if the child(ren) live(s) in another state, you should speak with an attorney about where to file this form. You should file the original with the clerk of the circuit court and keep a copy for your records.

If the issue of the child(ren)’s physical residence is already before the court in an ongoing proceeding or through a judgment issued by the court, the court may enter an order adopting the Agreement without holding a hearing once both parties have signed it and neither has requested a hearing. When a hearing is not timely requested, the court shall presume that relocation is in the best interest of the child(ren) and may adopt the Agreement without holding a hearing.

If one or more of the parties to the Agreement timely requests a hearing in writing within 10 days after the date the Agreement is filed with the court, then you must notify the other party(ies) 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. The court will then enter an order after the hearing.

IMPORTANT INFORMATION REGARDING E-SERVICE ELECTION

Where can I look for more information?

If your case involves a modification of any provision relating to child support, you should also check with the clerk of the circuit court in the county in which you are filing this Agreement for Relocation to determine if any other forms must be filed.

If the parties agree to a modification of child support, the following forms should be filed with this Agreement:

·
A Child Support Guidelines Worksheet, Florida Family Law Rules of Procedure Form 12.902(e),

·
A completed Family Law Financial Affidavit, Florida Family Law Rules of Procedure Form 12.902(b) or (c).

·
A completed Uniform Child Custody Jurisdiction and Enforcement Act (UCCJEA) Affidavit, Florida Supreme Court Approved Family Law Form 12.902(d).

Special notes…

The Agreement for Relocation with Minor Children must contain a Parenting Plan with a time-sharing schedule. At a minimum, the Parenting Plan must describe in adequate detail:

·
How the parties will share and be responsible for the daily tasks associated with the upbringing of the child(ren),

·
The time-sharing schedule that specifies the time that the minor child(ren) will spend with each parent and every other person entitled to access or time-sharing,

·
A designation of who will be responsible for any and all forms of health care, school-related matters, including the address to be used for school-boundary determination and registration, and any other activities,

·
The methods and technologies that the parents will use to communicate with the child(ren), and

·
Any transportation arrangements related to access or time-sharing.

The best interests of the child(ren) is the primary consideration in the Parenting Plan. In creating the Parenting Plan, all circumstances between the parties, including the parties’ historic relationship, domestic violence, and other factors must be taken into consideration. Determination of the best interests of the child(ren) shall be made by evaluating all of the factors affecting the welfare and interest of the particular minor child(ren) and the circumstances of the family as listed in s. 61.13(3), Florida Statutes.

This standard form does not include every possible issue that may be relevant to the facts of your case. The Parenting Plan should be as detailed as possible to address the time-sharing schedule. Additional provisions should be added to address all of the relevant factors. The parties should give special consideration to the age and needs of each child.

The Parenting Plan and time-sharing schedule may be set forth in the body of the Agreement for Relocation with Minor Children or may be attached as a separate document. You may attach a Relocation/Long-Distance Parenting Plan, Florida Supreme Court Approved Family Law Form 12.995(c), or similar form.

In developing the Parenting Plan, you may wish to consult or review other materials which are available at your local library, law library or through national and state family organizations.

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 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.

Florida Supreme Court Approved Family Law Form 12.950(a), Agreement for Relocation with Minor Child(ren)

(02/18)

– 202 –

IN THE CIRCUIT COURT OF THE _____________________ JUDICIAL CIRCUIT,

IN AND FOR ______________________________ COUNTY, FLORIDA

Case No: __________________

Division: __________________

_________________________________,

Petitioner,

And

_________________________________,

Respondent.

AGREEMENT FOR RELOCATION WITH

MINOR CHILD(REN) ____ INCLUDING OR___ NOT INCLUDING

MODIFICATION OF CHILD SUPPORT

I, {full legal name} ____________________________________, Petitioner, referred to in the Parenting Plan as Parent {name or designation} _______________________________________and I, { full legal name} __________________________, Respondent, referred to in the Parenting Plan as Parent {name or designation}___________________ being sworn, certify that the following information is true:

1. The parties to this action were granted a final judgment of:

_____ dissolution of marriage

{date}

2. {If Applicable}. The following other person is an individual who is not a parent, but with whom the child resides pursuant to a court order, or who has the right of access to, time-sharing with, of visitation with the child(ren)____________________________________.

3. Paragraph(s) ________________ of the ____ final judgment or ____ most recent modification thereof describes the present custody, visitation, or time-sharing schedule.

4. The dependent or minor child(ren) referred to in this Agreement are:

Name(s) Birth Date(s)

SECTION I. RELOCATION

{name or designation}

2. The mailing address of the new physical residence, if not the same as the physical address, is: __________________________________________________________.

3. The telephone number of the intended new residence, if known is:

is:__________________.

4. The date of the intended move or proposed relocation is:_______________

SECTION II: JURISDICTION

D. Other: _____________________________________________________________.

SECTION III: PARENTAL RESPONSIBILITY AND TIME-SHARING SCHEDULE {Choose only one }

{choose only

one

}

______ Final Judgment of Dissolution;

______ Final Judgment of Paternity;

______ Other {title of supplemental order of judgment}____________________
_________________________________________________________________

dated {date of order or judgment}______________________ and will continue without modification; OR

C. _____The parties shall comply with the following Parenting Plan and time-sharing schedule set forth below.

Parental Responsibility, Parenting Plan, and Time-Sharing Schedule

1. Parental Responsibility {Choose only one}
{Insert the name or designation of the appropriate parent or other person}

______ Sole Parental Responsibility.

{name or designation}

______ Shared Parental Responsibility.

jointly

______ Shared Parental Responsibility with Decision-Making Authority.

Education/Academic decisions	Parent_________	Parent__________	Other Person________
Non-emergency health care	Parent__________	Parent___________	Other Person________
________________	Parent__________	Parent___________	Other Person _________
________________	Parent__________	Parent___________	Other Person________

2 . Day-to-Day Decisions

Unless otherwise specified in this Parenting Plan, each parent shall make decisions regarding day-to-day care and control of each child, including the performance of daily tasks, while the child is with that parent. Regardless of the allocation of decision making in the Parenting Plan, either parent may make emergency decisions affecting the health or safety of the child(ren) when the child is residing with that parent. A parent who makes an emergency decision shall share the decision with the other parent as soon as reasonably possible.

3 . Education

a. School Designation. For purposes of school boundary determination and registration, Parent ___________________’s address shall be designated.

b . Private or Home Schooling. {If Applicable} The following provisions are made regarding private or home schooling: ___________________________________________________________________________________________________________________________

c . School Calendar

If necessary, on or before ________ of each year, both parents should obtain a copy of the school calendars for the next school year. The parents shall discuss the calendars and the time-sharing schedule so that any differences or questions can be resolved.

The parents shall follow the school calendar of: {Indicate all that apply}

____ the oldest child

____ the youngest child

____ the school calendar for ______________ County

____ the school calendar for _________________ School

d . Academic Break Definition

When defining academic break periods, the period shall begin at the end of the last scheduled day of classes before the holiday or break and shall end on the first day of regularly scheduled classes after the holiday or break.

e. Other: _____________________________________________________

___________________________________________________________.

4. Extracurricular Activities

{ Indicate all that apply} {Insert the name or designation of the parent or other person }.

_____Either parent may register the child(ren) and allow them to participate in the activity of the child(ren)’s choice.

_____The parents must mutually agree to all extra-curricular activities.

_____The costs of the extra-curricular activities shall be paid by:

Parent_________________ ______%

Parent_________________ _______ %

_____The uniforms and equipment required for the extra-curricular activities shall be paid by: Parent_______________________%

Parent________________ ________%

____Other: _____________________________________________

5. Information Sharing.
{The following shall apply unless the court orders otherwise }

Unless otherwise prohibited by law, both parents shall have access to medical and school records pertaining to the child(ren) and shall be permitted to independently consult with any and all professionals involved with the child(ren). The parents shall cooperate with each other in sharing information related to the health, education, and welfare of the child(ren) and they shall sign any necessary documentation ensuring that both parents have access to said records.

Each parent shall be responsible for obtaining records and reports directly from the school and health care providers.

Both parents have equal rights to inspect and receive governmental agency and law enforcement records concerning the child(ren).

Both parents shall have equal and independent authority to confer with the child(ren)’s school, day care, health care providers, and other programs with regard to the child(ren)’s educational, emotional, and social progress.

Both parents shall be listed as “emergency contacts” for the child(ren).

Each parent has a continuing responsibility to provide a residential and mailing address, and contact telephone number(s) to the other parent. Each parent shall notify the other parent in writing within 24 hours of any changes. Each parent shall notify the court in writing within seven (7) days of any changes.

Other: _______________________________________________________________________

6 . Time-Sharing Schedule:
{Insert the name or designation of each parent or other person. There must be a time-sharing schedule for each parent or other person.

Weekday and Weekend Schedule:

{date} _____________

{insert name of parent or other person

{name or designation}_ ____________________

WEEKENDS : ____ Every ____ Every Other ____ Other ( Specify ): _______________________________________________________

From_______________________ to _________________________

WEEKDAYS : {Specify days} _______________________________

From _________________________ to ______________________

OTHER : {Specify } _________________________________________

{name or

designation}

WEEKENDS : ____ Every ____ Every Other ____ Other {specify} : _______________________________________________________ From_____________________ to ____________________________

WEEKDAY S: {Specify days} __________________________________

From __________________ to _______________________________

OTHER : {specify} ______________________________________________________

____________________________________________________________________

{If applicable}

{name or designation}

WEEKENDS:

{specify}

From ________________________to_______________________

WEEKDAYS: {Specify days} __________________________________

From ________________________to_________________________

OTHER: {specify} _________________________________________

b. Please indicate below if there is a different time-sharing schedule for any child. Complete a separate Attachment for each child for whom there is a different time- sharing schedule.

__________________________________, and _________________________________.
{Name of Child} {Name of Child}

. Holiday Schedule

{Choose only

one

}

_____No holiday time sharing shall apply. The regular time-sharing schedule set forth above shall apply.

_____Holiday time-sharing shall be as the parties agree.

_____Holiday time-sharing shall be in accordance with the following schedule. The holiday schedule will take priority over the regular weekday, weekend, and summer schedules. Fill in the blanks with the name or designation of the appropriate parent or the other person, to indicate where the child(ren) will be for the specific holiday. Provide the beginning and ending times. If a holiday is not specified as even, odd, or every year with one parent, then the emain with the parent in accordance with the regular schedule

Holidays	Even Years	Odd Years	Every Year	Begin/End Time
New Year’s Day	{name}	{name}	{name}	{from/to}
Martin Luther King Wknd
President’s Day Wknd
Easter
Passover
Mother’s Day
Memorial Day Wknd
Father’s Day
4th of July
Labor Day Weekend
Rosh Hashanah
Yom Kippur
Columbus Day Wknd
Veteran’s Day
Thanksgiving
Hanukkah
Christmas
Other _______________
Children’s Birthday’s

d . Winter Break

Winter Break
{Choose only one }{Insert the name or designation of parent or other person.}

{name or designation}

{name or designation

_____Other: _________________________________________________________

Specific Winter Holidays

If not addressed above, specific Winter Holidays such as Christmas, New Year’s Eve, Hanukkah, Kwanzaa, etc. shall be shared as follows: ___________________________________________

______________________________________________________________________

e. Spring Break
{Choose only one } {Insert the name or designation of parent or other person}

_____The parents shall follow the regular schedule.

_____The parents shall alternate the entire Spring Break with Parent {name or designation} __________ having the child(ren) during the _____ odd-numbered _____ even-numbered years.

_____Parent {name or designation}______________

shall have the child(ren) for the entire Spring Break every year.

______The Spring Break will be evenly divided. The first half of the Spring Break will go to the parent whose regularly scheduled weekend falls on the first half with the second half going to the parent whose weekend falls during the second half.

____ Other: ____________________________________________________

f . Summer Break
{Choose only one }{Insert the name or designation of parent or other person}

_____ The parents shall follow the regular time-sharing schedule through the summer.

_____ Parent [name or designation } ____________ shall have the entire Summer Break from __________________ after school is out until ______________ before school starts.

_____The parents shall equally divide the Summer Break. During ____ odd-numbered years ____ even-numbered years, Parent {name or designation} _____ _____ shall have the child(ren) from _______________ before after school is out until___________________. The other parent shall have the child(ren) for the second half of the summer break. The parents shall alternate the first and second halves of Summer Break each year unless otherwise agreed. During the extended periods of time-sharing, the other parent shall have the child(ren)_______________________.

_____ Other: _______________________________________________.

Number of Overnights:

{Insert name or designation of parent or other person}

{name or designation}

{name or designation

Note: The two numbers must equal 365.

Schedule Changes

{Indicate

all

that apply}

_____A parent requesting a change of schedule shall be responsible for any additional child care, or transportation costs caused by the change.

_____ Other ______________________________________________.

Transportation and Exchange of Children

{Insert the name or designation of the parent or other person}

Both parents shall have the child(ren) ready on time with sufficient clothing packed and ready at the agreed upon time of exchange. All necessary information and medicines will accompany the child(ren).

The parties shall exchange travel information and finalize travel plans at least _______ days in advance of the date of travel. Except in cases of emergency, any parent requesting a change of travel plans after the date of finalization shall be solely responsible for any additional costs.

Automobile Transportation and Exchange

If a parent is more than _____ minutes late without contacting the other parent to make other arrangements, the parent with the child(ren) may proceed with other plans and activities.

{Choose only one } {Insert the name or designation of parent or other person}

_____Parent { name or designation} ___________________ shall provide all transportation.

_____Parent {name or designation} ___________________ shall pick up the child(ren) at the beginning of the visit and the other parent shall pick up the child(ren) at the end of the visit. The exchange shall take place:

_____At the following location unless the parties agree in advance to a different place________________________________________________________.

____The parents shall meet at the following central location: ______________________________________________________________.

_____Other: ____________________________________________________.

Airplane and Other Public Transportation and Exchange

Airline regulations govern the age at which a child may fly unescorted. An older child or children may fly under such regulations as each airline may establish.

Airline reservations should be made well in advance, and preferably non-stop.

If the exchange is to be made at the airport, the party flying in to pick up or drop off the child(ren) from/to the airport must notify the other party of any flight delays.

{Indicate

all

that apply}

_____Until a child reaches the age of _______, the parties agree that the child(ren) shall

take a direct flight and/or fly accompanied by _________________________________.

_____Once a child reaches the age of ______ the child shall be permitted to fly accompanied by an airline employee.

_____Once a child reached the age of ______ the child shall be permitted to fly

unescorted.

_____Other: __________________________________________________.

Costs of Airline and Other Public Transportation

Unless otherwise agreed or in the case of an unavoidable emergency, any costs incurred by a missed travel connection shall be the sole responsibility of the parent who failed to timely deliver the child(ren) to the missed connection.

{Indicate all that apply} {Insert name or designation of parent or other person}

_____ Transportation costs are included in the Child Support Worksheets and/or the Order for Child Support and should not be included here.

_____ Parent _______________ shall pay ______% and Parent ________________ shall pay ______ % of the transportation costs.

_____ Parent_____________ shall pay ______% and Parent _______________ shall pay _____% of the transportation costs for an adult to accompany the child(ren) during travel.

_____ If the parents are sharing travel costs, the non-purchasing parent shall reimburse the other parent within ______ days of receipt of documentation establishing the travel costs.

_____ Other: ___________________________________________.

Foreign and Out-Of-State Travel

{Indicate all that apply}

_____ Either parent may travel out of the country with the child(ren) during his/her time-sharing. At least _____ days prior to traveling, the parent shall provide a detailed itinerary, including locations, and telephone numbers where the child(ren) and parent may be reached during the trip. Each parent agrees to provide whatever documentation is necessary for the other parent to take the child(ren) out of the country.

_____ If a parent wishes to travel out of the country with the child(ren), he/she shall provide the following security for the return of the child(ren) ____________________

______________________________________________________________________.

_____ Other _________________________________________________________.

Other travel and exchange arrangements

____________________________________________________________________.

12. Communication

_____ Between Parents

{Indicate

all

that apply}

_____in person

_____ by telephone

_____ by letter

_____ by e-mail

_____ Other:_____________________________________________________.

_____ Between Parent and Child(ren)

Both parents shall keep contact information current. Telephone or other electronic communication between the child(ren) and the other parent shall not be monitored by or interrupted by the other parent. “Electronic communication” includes telephones, electronic mail or e-mail, webcams, video-conferencing equipment and software or other wired or wireless technologies or other means of communication to supplement face to face contact.

(Choose only

one

_____Anytime

_____Every day during the hours of _________________ to _____________________.

_____On the following days________________________________________________

during the hours of _____ to _______.

_____ Other: ___________________________________________________________.

Costs of Electronic Communication

14. Designation for Other Legal Purposes

{Insert name or designation of parent or other person.}

SOLELY

This designation does not affect either parent’s rights or responsibilities under this Relocation Agreement.

15. Changes or Modifications of the Parenting Plan

Temporary changes may be made informally without a written document. When the parents do not agree, the Parenting Plan remains in effect until further order of the court.

Any substantial changes to the Parenting Plan must be sought through the filing of a supplemental petition for modification.

16. Disputes or Conflict Resolution

Parents shall attempt to cooperatively resolve any disputes which may arise over the terms of the Parenting Plan. The parents may wish to use mediation or other dispute resolution methods and assistance, such as Parenting Coordinators and Parenting Counselors, before filing a court action.

SECTION IIV: CHILD SUPPORT AND INSURANCE
{Insert the name or designation of the appropriate parent in the spaces provided.}

Modification of Child Support

If the requested modification is granted, the parties:

_____ agree that child support should be modified, consistent with the modification of the time-sharing schedule

_____ agree that child support will NOT be modified.

Amount of Child Support

{name or designation}

{number of parties’ minor or dependent children}

{month, day, year}

{week, month, other}

{total number of remaining children}

{month, day, year}

{month, day, year}.

{week, month, other}

The Obligor shall pay child support until all the minor or dependent children: reach the age of 18, become emancipated, marry, die, joins the armed services; or become self-supporting; or until further order of the court or agreement of the parties. The child support obligation shall continue beyond the age of 18, and until high school graduation for any child who is: dependent in fact; between the ages of 18 and 19; and is still in high school, performing in good faith with a reasonable expectation of graduation before the age of 19.

If the child support amount above deviates from the guidelines by 5% or more, explain the reason(s) here: ______________________________________________________

_______________________________________________________________________

_______________________________________________________________________.

Retroactive Child Support and/or Arrearages.

{date}

______________

4. Health Insurance.

{Choose one only} {Insert the name or designation of the parent or other person}

{name or designation}

_____ Health insurance is either not reasonable in cost or accessible to the child(ren) at this time. Any uninsured/ unreimbursed medical costs for the minor child(ren) shall be assessed as follows

_____Shared equally by both parents.

_____Prorated according to the child support guideline percentages.

_____Other {explain} : ___________________________________________________

As to these uninsured/unreimbursed medical expenses, the party who incurs the expense shall submit a request for reimbursement to the other party within 30 days, and the other party, within 30 days of receipt, shall submit the applicable reimbursement for that expense, according to the schedule of reimbursement set out in this paragraph.

Dental Insurance.

{Choose only one } {Insert the name or designation of the parent or other person}

{name or designation}

____ Dental insurance is either not reasonable in cost or available to the children at this time. Any uninsured/unreimbursed dental costs for the minor child(ren) shall be assessed as follows:

_____Shared equally by both parents.

_____Prorated according to the child support guideline percentages.

_____Other {explain} : ______________________________________________________

As to these uninsured/unreimbursed dental expenses, the party who incurs the expense shall submit a request for reimbursement to the other party within 30 days, and the other party, within 30 days of receipt, shall submit the applicable reimbursement for that expense, according to the schedule of reimbursement set out in this paragraph.

Life Insurance

. {Insert the name or designation of the parent or other person}

{name or designation}

SECTION VII: OTHER

______________________________________________________________________________

______________________________________________________________________________

______________________________________________________________________________

______________________________________________________________________________

_____________________________________________________________________________

______________________________________________________________________________

I certify that I have been open and honest in entering into this relocation agreement. I am satisfied with this agreement and intend to be bound by it.

Dated: ______________________ _______________________________________

Address: _______________________________

City, State, Zip: __________________________

Telephone Number: ______________________

Fax Number: ___________________________

Designated E-mail Address(es):____________

___________________________________

STATE OF FLORIDA

COUNTY OF ____________________

Sworn to or affirmed and signed before me on __________ by ___________________________.

_______________________________________

NOTARY PUBLIC or DEPUTY CLERK

[Print, type, or stamp commissioned name of notary or deputy clerk.]

____ Personally known
____ Produced identification

____ Type of identification produced
________________________________

I certify that I have been open and honest in entering into this relocation agreement. I am satisfied with this agreement and intend to be bound by it.

Dated: ______________________ _______________________________________

City, State, Zip: __________________________

Telephone Number: ______________________

Fax Number: ____________________________

Designated E-mail Address(es):____________

____________________________________

STATE OF FLORIDA

COUNTY OF ____________________

Sworn to or affirmed and signed before me on __________ by ___________________________.

_______________________________________

NOTARY PUBLIC or DEPUTY CLERK

[Print, type, or stamp commissioned name of notary or deputy clerk.]

____ Personally known
____ Produced identification

____ Type of identification produced
________________________________

IF A NONLAWYER HELPED YOU FILL OUT THIS FORM, HE/SHE MUST FILL IN THE BLANKS BELOW: [fill in all blanks]

This form was prepared for the: {choose only one} _______Petitioner ______Respondent _____Other Person.

This form was completed with the assistance of:
{name of individual} _______________________________________________________,
{name of business} __________________________________________________________,
{address} ____________________________________________________________________,
{city} ____________, {state}____,{ zip code} ___________, {telephone number} ______________. Instructions for Motion for Order Permitting Relocation by Agreement, Florida Supreme Court Approved Family Law Form 12.950(b) (02/18)

– 205 –

INSTRUCTIONS FOR FLORIDA SUPREME COURT APPROVED FAMILY LAW FORM 12.950(b)
MOTION FOR ORDER PERMITTING RELOCATION BY AGREEMENT
(02/18)

When should this form be used?

·
One of the parents or a person entitled to access to or time-sharing with the children wishes to relocate the child(ren) to a residence more than 50 miles from the child(ren)’s principal place of residence at the time of the last order establishing or modifying time-sharing or at time of filing of the pending action.
·
There is an existing cause of action, judgment, or decree of record pertaining to the child(ren)’s residence or time sharing schedule.
·
The parents and every other person entitled to access to or time-sharing with the children have signed a written agreement, Agreement for Relocation with Minor Child(ren), Florida Supreme Court Approved Family Law Form, 12.950(a), or similar form which:

·
Your order regarding custody, primary residence, the parenting plan, time-sharing, or access to or with the child(ren) was entered before October 1, 2009 and the order does not expressly govern the relocation of the child(ren); was entered on or after October 1, 2009; or your case was pending on October 1, 2009.

This form should be typed or printed in black ink. You must fill in all sections of the form. If you are an “other person” entitled to access, visitation, or time-sharing with the child(ren), substitute your name for Petitioner or Respondent in the form. After completing the form, you should sign the form before a notary public or deputy clerk. You should file the form in the county where the original order or judgment was entered. If the order or judgment was entered in another state, or if the child(ren) live(s) in another state, you should speak with an attorney about where to file this form.

IMPORTANT INFORMATION REGARDING E-FILING

IMPORTANT INFORMATION REGARDING E-SERVICE ELECTION

What should I do next?

After completing this form, you should file the original with the clerk of the circuit court where there is an existing cause of action, judgment, or decree of record pertaining to the child(ren)’s residence or time-sharing schedule and keep a copy for your records. The original Agreement for Relocation with Minor Child(ren) should be attached to Motion or filed with the clerk of the circuit court at the same time.

If both parties agree, the court may ratify the Agreement without the necessity of an evidentiary hearing. You should check with the clerk, family law intake staff, or judicial assistant for the proper way to submit the Motion and a proposed Final Judgment/Supplemental Final Judgment Granting Relocation, Florida Supreme Court Approved Family Law Form 12.950(i), to the judge. If one or more of the parties to the Agreement timely requests a hearing in writing within 10 days after the date the Agreement is filed with the court, then you must notify the other party(ies) 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. The court will then enter an order after hearing. If a hearing is not timely requested, the court shall presume that relocation is in the best interest of the child(ren) and may ratify the Agreement without an evidentiary hearing

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.

If your case involved a modification of any provision relating to child support, you should also check with the clerk of the circuit court in the county in which you are filing the Motion for Order Permitting Relocation with Minor Child(ren) and Agreement for Relocation with Minor Child(ren) to determine if any other forms must be filed.

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 Former 12.900(a), before he or she helps you. A nonlawyer helping you fill out these forms 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. Motion for Order Permitting Relocation by Agreement, Florida Supreme Court Approved Family Law Form 12.950(b) (02/18)

– 208 –

IN THE CIRCUIT COURT OF THE _____________________ JUDICIAL CIRCUIT,

IN AND FOR ______________________________ COUNTY, FLORIDA

Case No:________________________

Division:________________________

_________________________________,

Petitioner,

And

_________________________________,

Respondent.

MOTION FOR ORDER PERMITTING RELOCATION WITH AGREEMENT

We, Petitioner, {full legal nam e } __________________________________________________, Respondent, {full legal name} ____________________________________________________, and/or ____________________________________________ {full legal name} of Other Person entitled to Access or Time-Sharing with child(ren),
being sworn, certify that the following information is true: {fill in all blanks}

1. We are asking the Court to permit relocation of the minor child(ren) to a residence at least 50 miles from the child(ren)’s principal place of residence at the time of entry of the last order establishing or modifying time-sharing, or at the time of filing of the pending action.

2. There is an existing cause of action, judgment, decree of record pertaining the child(ren)’s residence or time-sharing schedule.

3 . WE CONSENT TO THE RELOCATION OF THE MINOR CHILD(REN) to the following address:

_______________________________________________________________________________.

4. The dependent or minor child(ren) is (are):
Name(s) Birth Date(s)

5 . Agreement. A written Agreement for Relocation with Minor Child(ren), Florida Supreme Court Approved Family Law Form 12.950(a) or similar form, is filed with this motion which reflects consent to the relocation; defines an access or time-sharing schedule for the non-relocating parent and any other persons who are entitled to access or time-sharing; and describes, if necessary, any transportation arrangements related to access or time-sharing.

6. The specific reasons for the proposed relocation of the child(ren) are:____________________________________________________________________________

7. This modification is in the best interests of the child (ren) because: {explain} ________________________________________________________________________

8 . Hearing. We seek ratification of the agreement by court order: {choose only one }

b._____ Without hearing

9. A completed Uniform Child Custody Jurisdiction and Enforcement Act (UCCJEA) Affidavit, Florida Supreme Court Approved Family Law Form 12.902(d), is filed with this Agreement.

10. If not previously filed in this case, a completed Notice of Social Security Number, Florida Supreme Court Approved Family Law Form 12.902(j), is filed with this Agreement.

I understand that I am swearing or affirming under oath to the truthfulness of the claims made in this motion and that the punishment for knowingly making a false statement includes fines and/or imprisonment.

Dated: ______________________ _______________________________________

Signature of PETITIONER

Printed Name: ___________________________

Address: _______________________________

City, State, Zip:___________________________

Telephone Number: ______________________
Fax Number: ____________________________
Designated E-mail Address(es): _____________
______________________________________

STATE OF FLORIDA
COUNTY OF _______________________

Sworn to or affirmed and signed before me on ______________by ______________________

_____________________________________
NOTARY PUBLIC OR DEPUTY CLERK

_____________________________________
{Print, type, or stamp commissioned name of notary or deputy clerk.}

_____ Personally known
_____ Produced identification
_____ Type of identification produced ___________________________

Instructions for Florida Supreme Court Approved Family Law Form 12.950(c) Petition for Dissolution of Marriage with Dependent or Minor Child(ren) and Relocation (02/18)

– 214 –
INSTRUCTIONS FOR FLORIDA SUPREME COURT APPROVED FAMILY LAW
FORM 12.950(c),
PETITION FOR DISSOLUTION OF MARRIAGE WITH DEPENDENT OR MINOR CHILD(REN) AND RELOCATION
(02/18)

When should this form be used?

This form should be used when you are filing for dissolution of marriage, there are dependent or minor children, and pursuant to Section 61.13001, Florida Statutes:

You or your spouse must have lived in Florida for at least 6 months before filing for dissolution of marriage in Florida.

IMPORTANT INFORMATION REGARDING E-FILING

IMPORTANT INFORMATION REGARDING E-SERVICE ELECTION

What should I do next?

For your case to proceed, you must properly notify your spouse and every other person entitled to access or time-sharing with the child(ren) of the petition. “Other Person” means an individual who is not the parent but with whom the child resides pursuant to court order, or who has the right of access to, time-sharing with, or visitation with the child(ren). 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 or the other person resides in another state or country. However, if constructive service is used, other than granting a divorce, the court may only grant limited relief. For more information on constructive service, see Notice of Action for Dissolution of Marriage, Florida Supreme Court Approved Family Law Form 12.913(a), 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). 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, the respondent has 20 days to answer after being served with your petition. Your case will then generally proceed in one of the following three ways:

Where can I look for more information?

Special notes…

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 his or her 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), Safety-Focused Parenting Plan, Form 12.995(b), or Relocation/Long-Distance Parenting Plan, Form 12.995(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.

Updating Information. A parent or other person seeking to relocate has a continuing duty to provide current and updated information required by the relocation statute when that information becomes known.

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 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.

Temporary Relief. If you need temporary relief regarding temporary use of assets, temporary responsibility for liabilities, parental responsibility, relocation 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) and a Motion for Temporary Relocation, Florida Supreme Court Approved Family Law From 12.950(e). For more information, see the instructions for those forms.

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. As you are seeking to relocate, the Parenting Plan must include a post-relocation schedule for access and time-sharing together with the necessary transportation arrangements. If you and your spouse have reached an agreement, you should file a Parenting Plan, Florida Supreme Court Approved Family Law Form 12.995(a), a Safety-Focused Parenting Plan, Florida Supreme Court Approved Family Law Form 12.995(b), or a 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.

– 222 –

IN THE CIRCUIT COURT OF THE _____________________ JUDICIAL CIRCUIT,

IN AND FOR ______________________________ COUNTY, FLORIDA

Case No: ________________________

Division: ________________________

In Re: The Marriage of

________________________________________,

Petitioner,

And

_______________________________________,

Respondent.

PETITION FOR DISSOLUTION OF MARRIAGE
WITH DEPENDENT OR MINOR CHILD(REN) AND RELOCATION

I, {full legal name}, the

Petitioner, being sworn, certify that the following statements are true:

1. JURISDICTION/RESIDENCE

_____ Petitioner _____ Respondent _____ Both Spouses has/have lived in Florida for at least six (6) months before the filing of this Petition for Dissolution of Marriage.

2. Petitioner { Choose only one } _____ is _____ is not a member of the military service.

Choose only

one

}

3. MARRIAGE HISTORY

{month, day, year}

{city, county, state}

{month, day, year}

(Indicate if approximate).

4. DEPENDENT OR MINOR CHILD(REN)

{Indicate

all

that apply}

{date}

Name(s) Birth Date(s)

d. _____The minor child(ren) born or conceived during the marriage who are not common to both parties are:

Name(s) Birth Date(s)

The birth parent(s) of the above minor child(ren) is/are {name(s) and address(es)} : _____________________________________________________________________________

______________________________________________________________________________

______________________________________________________________________________

Name(s) Birth Date(s)

5. A completed Family Law Financial Affidavit, Florida Family Law Rules of Procedure Form 12.902(b) or (c) {Choose only one } ____ has been filed or ____ will be filed.

6. A completed Uniform Child Custody Jurisdiction and Enforcement Act (UCCJEA) Affidavit, Florida Supreme Court Approved Family Law Form 12.902(d), is filed with this petition. (You must complete and attach this form in a dissolution of marriage with minor child(ren)).

7. A completed Notice of Social Security Number, Florida Supreme Court Approved Family Law Form 12.902(j), is filed with this petition.

8. This petition for dissolution of marriage should be granted because:

{Choose only

one

}

d. _____ One of the parties has been adjudged mentally incapacitated for a period of 3 years prior to the filing of this petition. A copy of the Judgment of Incapacity is attached to this Petition.

SECTION I. MARITAL ASSETS AND LIABILITIES
{Choose only one }

1. _____ There are no marital assets or liabilities.

2. _____ There are marital assets or liabilities. All marital and nonmarital assets and liabilities are (or will be) listed in the financial affidavits, Florida Family Law Rules of Procedure Form 12.902(b) or (c), to be filed in this case.

{Choose

all

that apply}

b. _____ The Court should determine how the assets and liabilities of this marriage are to be distributed, under section 61.075, Florida Statutes.

c. Petitioner should be awarded an interest in the other spouse’s property because:

SECTION II. SPOUSAL SUPPORT (ALIMONY)
{Choose only one

1. _____ Petitioner forever gives up any right to spousal support (alimony) from Respondent.

2. _____ Petitioner requests that the Court order Respondent to pay spousal support (alimony) to Petitioner, who claims that he or she has a need for the support that he or she is requesting and that Respondent has the ability to pay that support. Spousal support (alimony) is requested in the amount of $
________ every _____ week _____ other week _____month, or _____ other ______________ beginning {date} _____________________ and continuing until {date or event} _________________________________________________________________________________.

{Indicate if applicable} _____ Petitioner requests life insurance on the other spouse’s life, provided by that spouse, to secure such support.

SECTION III. RELOCATION

1. Petitioner seeks to relocate his/her residence to a place more than 50 miles from his/her place of residence at the time of filing of the Petition. The change of location is for a period of at least consecutive 60 days, not including a temporary absence from the principal residence for purposes of vacation, education, or the provision of health care for the child(ren).

2. {If applicable} The following other person is an individual who is not a parent but with whom the child resides pursuant to a court order, or who has the right of access to, time-sharing with, or visitation with the child(ren)__________________________________________________________.

3. Pursuant to Section 61.13001(3), Florida Statutes, the following information is provided:

c. The home telephone number of the intended new residence, if known, is: _________________.

d. The date of the intended move or proposed relocation is: ______________________________.

_____ Yes _____ No. A copy of the written job offer is attached to this Petition.

4. The relocation and time-sharing have been agreed to by the parties. {Choose only one } _____ Yes

_____ No. If yes, attach a copy of the Agreement for Relocation to the Petition.

Failure to obtain an Order prior to the relocation renders the petition to relocate legally insufficient.

SECTION IV. PARENTING PLAN ESTABLISHING PARENTAL RESPONSIBILITY AND TIME-SHARING

1. The minor child(ren) currently reside(s) with _____ Petitioner _____ Respondent

{explain}

2. Parental Responsibility.

It is in the child(ren)’s best interests that parental responsibility be: {Choose only one }

b.____ awarded solely to _____ Petitioner _____ Respondent. Shared parental responsibility would be detrimental to the child(ren) because: ___________________________

3. Parenting Plan and Time-Sharing.

{name or

designation} __________

{name or designation}

{ Choose only one }

a. _____ The attached proposed Parenting Plan should be adopted by the court.

The parties: {Choose only one} _____ have _____ have not agreed to the Parenting Plan.

b. _____ Each child will have time-sharing with both parents as follows: __________________

___________________________________________________________________________

{Insert name or designation of the appropriate parent in the space provided}

4. The proposed post-relocation transportation arrangements are as follows: _____________________

5. Explain why the relocation time-sharing schedule is in the best interests of the child(ren): _________

_________________________________________________________________________________.

SECTION V. CHILD SUPPORT
{Indicate all that apply}

1. _____ Petitioner requests that the Court award child support as determined by Florida’s child support guidelines, section 61.30, Florida Statutes. A completed Child Support Guidelines Worksheet, Florida Family Law Rules of Procedure Form 12.902(e), is, or will be filed. Such support should be ordered retroactive to:

{date}

{explain}

2. ___ Petitioner requests that the Court award child support to be paid beyond the age of 18 years because:

{name(s)}

{explain}

b. _____ the following child(ren): {name(s)} ____________________________________________ is (are) dependent in fact; is (are) in high school; between the ages of 18 and 19; and is (are) performing in good faith with reasonable expectation of graduation before the age of 19.

3. ____Petitioner requests that the Court award a child support amount that is more than or less than Florida’s child support guidelines. Petitioner understands that Motion to Deviate from Child Support Guidelines, Florida Supreme Court Approved Family Law Form 12.943, must be filed before the court will consider this request.
4. ____Petitioner requests that medical/dental insurance for the minor child(ren) be provided by:

{Choose only

one

}

5. ____Petitioner requests that uninsured medical/dental expenses for the child(ren) be paid: {Choose only one }

{each spouse pays one-half};

{explain}

6. _____ Petitioner requests that life insurance to secure child support be provided by:

SECTION VI. OTHER

1.
_____ Petitioner requests to be known by the following former name, which was {full legal name} _______________________________________________________________.

2. Other relief {specify} :

SECTION VII. REQUEST

{This section summarizes what you are asking the Court to include in the final judgment of dissolution of marriage.}

_____Petitioner requests that the Court enter an order dissolving the marriage and:
{Indicate all that apply}
1. _____distribute marital assets and liabilities as requested in Section I of this petition;
2. _____award spousal support (alimony) as requested in Section II of this petition;
3. _____adopt or establish a Parenting Plan containing provisions for parental responsibility and time-sharing for the dependent or minor child(ren) common to both parties, as requested in Section IV of this petition;
4. _____permit relocation in accordance with Section III of this petition;
5. _____establish child support for the dependent or minor child(ren) common to both parties, as

requested in Section V of this petition;

6. _____restore Petitioner’s former name as requested in Section VI of this petition;

7. _____award other relief as requested in Section VI of this petition; and any other terms the Court deems necessary.

A RESPONSE TO THE PETITION OBJECTING TO THE RELOCATION MUST BE MADE IN WRITING, FILED WITH THE COURT, AND SERVED ON THE SPOUSE SEEKING TO RELOCATE WITHIN 20 DAYS AFTER SERVICE OF THIS PETITION TO RELOCATE. IF YOU FAIL TO TIMELY OBJECT TO THE RELOCATION, THE RELOCATION WILL BE ALLOWED, UNLESS IT IS NOT IN THE BEST INTERESTS OF THE CHILD, WITHOUT FURTHER NOTICE AND WITHOUT A HEARING.

The Response is in the form of an Answer and it must be sworn to under oath and must include the specific factual basis supporting the reasons for objecting to the relocation, including a statement of the amount of participation or involvement you currently have or have had in the life of the child(ren).

Dated: ______________________ _____________________________________________

Signature of Petitioner

Printed Name: _________________________________

Address: _____________________________________

City, State, Zip: ________________________________

Telephone Number: _____________________________

Fax Number: __________________________________

Designated E-mail Address(es):____________________

_____________________________________________
STATE OF FLORIDA
COUNTY OF ____________________

Sworn to or affirmed and signed before me on ____________ by _______________________________.

_____________________________________________

NOTARY PUBLIC or DEPUTY CLERK

[Print, type, or stamp commissioned name of notary or deputy clerk.]

____ Personally known

____ Produced identification

____ Type of identification produced
________________________________

IF A NONLAWYER HELPED YOU FILL OUT THIS FORM, HE/SHE MUST FILL IN THE BLANKS BELOW:

[fill in all blanks] This form was prepared for the Petitioner.

This form was completed with the assistance of:
{name of individual} ________________________________________________________________,
{name of business} __________________________________________________________________,
{address} _________________________________________________________________________,
{city} ________________, {state} ____, {zip code}__________,{telephone number} ______________.

Instructions for Florida Supreme Court Approved Family Law Form 12.950(d), Supplemental Petition to Permit Relocation with Minor or Dependent Child(ren) (02/18)

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INSTRUCTIONS FOR FLORIDA SUPREME COURT APPROVED FAMILY LAW FORM 12.950(d)
SUPPLEMENTAL PETITION TO PERMIT RELOCATION WITH
MINOR OR DEPENDENT CHILD(REN)
(02/18)

When should this form be used?

This form should be used when you are asking the court to permit the relocation of your principal residence and:

1. You plan to relocate your residence more than 50 miles from your principal residence at the time of entry of the last order which established or modified primary residence, custody, visitation, or time-sharing;
2. The court has not entered an order granting permission to relocate.

3. The relocation will be for a period of 60 consecutive days or more, not including any absence for purposes of vacation, education, or health care for the child(ren).

4. Your order regarding custody, primary residence, visitation, time-sharing or parenting plan was entered before October 1, 2009, and the order does not expressly govern the relocation of the child(ren); was entered on or after October 1, 2006; or your case was pending on October 1, 2009.

This form should be typed or printed in black ink. You must fill in all sections of the form. After completing the form, you should sign the form before a notary public or deputy clerk . You should file this form in the county where the original order was entered. If the order was entered in another state, or if the child(ren) live(s) in another state, you should speak with an attorney about where to file this form. You should file the original with the clerk of the circuit court and keep a copy for your records.

IMPORTANT INFORMATION REGARDING E-FILING

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.

What should I do next?

For your case to proceed, you must properly notify the other parent and every other person entitled to, access, time-sharing, or visitation with the child(ren) in your case of the supplemental petition. “Other Person” means an individual who is not the parent but with whom the child resides pursuant to court order, or who has the right of access to, time-sharing with, or visitation with the child(ren). 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 the other party resides in another state or country. However, if constructive service is used, the court may only grant limited relief. For more information on constructive service, see Notice of Action For, 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 the other party 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). The law regarding constructive service and service on an individual in the military service is very complex. If you have any questions about service, you may wish to consult an attorney regarding these issues.

If personal service is used, the other party has 20 days to answer after being served with your supplemental petition. Your case will then generally proceed in one of the following three ways:

DEFAULT . If after 20 days, no answer has been filed, 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 the other party 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 the respondent files either an answer that agrees with everything in your supplemental 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 the other party 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 the respondent files either an answer or an answer and counterpetition, which disagrees with or denies anything in your supplemental 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. Then 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 the respondent 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?

Special notes…

If there is a domestic violence case and you want to keep your address confidential for safety reasons, do not enter the address, telephone number, 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 do not know the other party’s income, you may file this worksheet after his or her financial affidavit has been served on you.)

· Agreement for Relocation, if you have reached an agreement on any or all of the issues attach the proposed Agreement For Relocation with Minor Child(ren). Florida Supreme Court Approved Family Law 12.950(a). Both parties must sign this agreement before a notary public. Any issues on which you are unable to agree will be considered contested and settled by the judge at the final hearing.

· Notice of Social Security Number, Florida Supreme Court Approved Family Law Form 12.902(j), if not previously filed.

· Family Law Financial Affidavit, Florida Family Law Rules of Procedure Form 12.902(b) or (c).

· 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 supplemental petition on the respondent, if not filed at the time of the supplemental petition, unless you and the other party have agreed not to exchange these documents.)

Parenting and Time-Sharing. If you and the other parent and every other person entitled to access to or time-sharing with the child(ren) are unable to agree on the parenting arrangements and a time-sharing schedule, a judge will decide for you as part of establishing a Parenting Plan. The judge will decide the parenting arrangements and a time-sharing schedule based upon 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).

Failure to obtain an Order prior to relocation renders the supplemental petition to relocate legally insufficient.

If one has not already been completed, the court may require the completion of a parenting course before a final hearing is set. You should contact the clerk, family law intake staff, or judicial assistant about requirements for parenting courses or mediation where you live.

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 the other parent 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.

Temporary Relief. If you need temporary relief regarding relocation of the minor child(ren), complete paragraph eleven contained in the Supplemental Petition To Permit Relocation of Minor Child(ren).

Final Judgment Form. These family law forms contain a Final Judgment/Supplemental Final Judgment Permitting Relocation, Florida Supreme Court Approved Family Law Form 12.950(i), which the judge may use. You should check with the clerk, family law intake staff, or judicial assistant to see if you need to bring it 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.

Florida Supreme Court Approved Family Law Form 12.950(d), Supplemental Petition to Permit Relocation with Minor or Dependent Child(ren) (02/18)

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IN THE CIRCUIT COURT OF THE ________________ JUDICIAL CIRCUIT,

IN AND FOR ________________________ COUNTY, FLORIDA

Case No: ________________________

Division: ________________________

_________________________________,

Petitioner,

And

_________________________________,

Respondent.

SUPPLEMENTAL PETITION TO PERMIT RELOCATION
WITH MINOR CHILD(REN)

I, {full legal name} _____________________________________, being sworn, certify that the following information is true:

1. The parties to this action were granted a final judgment of:

_____ dissolution of marriage

{date}

2. {If applicable} The following other person is an individual who is not a parent but with whom the child resides pursuant to court order, or who has the right of access to, time-sharing with, or visitation with the child(ren)__________________________________________.

3. Paragraph(s) _____________________ of the _____ final judgment or _____ most recent modification thereof describes the present custody, visitation, and/or time-sharing ordered.

4. The parties ______have ______have not reached an agreement on relocation. If yes, a copy of the agreement is attached to this supplemental petition.

5. The parties’ dependent or minor child(ren) is (are):

Name Birth Date

6. I seek to relocate my principal residence at least 50 miles from my principal residence established in the final judgment or last modification thereof. This relocation is for a period of 60 consecutive days or more, not including any absence for purposes of vacation, education, or health care for the child(ren). Pursuant to Section 61.13001(3), Florida Statutes, the following information is provided:

________________________________________________________________________

b. The mailing address of the new physical residence, if not the same as the physical address, is: ______________________________________________________________
________________________________________________________________________

________________________________________________________________________

c. The home telephone number of the intended new residence, (if known), is: __________

d. The date of the intended move or proposed relocation is: _________________________

7. The specific reasons for the proposed relocation are: ________________________________

8. One of the reasons for the proposed relocation is a job offer. {Choose only one } ____ Yes

{Choose only

one

}

9. I ask the Court to modify access and time-sharing as follows:

10. This modification is in the best interests of the child(ren) because: {explain} _____________

11. _____ {Indicate if applicable} If the requested modification is granted, I request that child support be modified, consistent with the modification of visitation or time-sharing. A Child Support Guidelines Worksheet, Florida Family Law Rules of Procedure Form 12.902(e), _____is, or ______will be filed.

12. I am requesting a temporary relief hearing to permit relocation prior to the final hearing. {Choose only one } _____ Yes _____ No. If yes, explain why you cannot wait for a final hearing date.

Failure to obtain an Order prior to relocation renders the supplemental petition to relocate legally insufficient.

13. A completed Family Law Financial Affidavit, Florida Family Law Rules of Procedure Form 12.902(b) or (c), _____is, or _____will be, filed.

14. A completed Uniform Child Custody Jurisdiction and Enforcement Act (UCCJEA) Affidavit, Florida Supreme Court Approved Family Law Form 12.902(d), is filed with this petition.

15. If not previously filed in this case, a completed Notice of Social Security Number, Florida Supreme Court Approved Family Law Form 12.902(j), is filed with this petition.

16. Other: __________________________________________________________________

________________________________________________________________________.

A RESPONSE TO THE SUPPLEMENTAL PETITION OBJECTING TO RELOCATION MUST BE MADE IN WRITING, FILED WITH THE COURT, AND SERVED ON THE PARENT OR OTHER PERSON SEEKING TO RELOCATE WITHIN 20 DAYS AFTER SERVICE OF THIS SUPPLEMENTAL PETITION TO RELOCATE. IF YOU FAIL TO TIMELY OBJECT TO THE RELOCATION, THE RELOCATION WILL BE ALLOWED, UNLESS IT IS NOT IN THE BEST INTERESTS OF THE CHILD, WITHOUT FURTHER NOTICE AND WITHOUT A HEARING.

A response is in the form of an Answer and it must be sworn to under oath and must include the specific factual basis supporting the reasons for objecting to the relocation, including a statement of the amount of participation or involvement you currently have or have had in the life of the child(ren).

Dated: ______________________ _______________________________________

Signature of Party

Printed Name: ___________________________

Address:________________________________

City, State, Zip:___________________________

Telephone Number:_______________________

Fax Number: ____________________________

Designated E-mail Address(es):_____________

_______________________________________

STATE OF FLORIDA

COUNTY OF ____________________

Sworn to or affirmed and signed before me on ____________ by _________________________.

_______________________________________

NOTARY PUBLIC or DEPUTY CLERK

[Print, type, or stamp commissioned name of notary or deputy clerk.]

____ Personally known

____ Produced identification

____ Type of identification produced
________________________________

IF A NONLAWYER HELPED YOU FILL OUT THIS FORM, HE/SHE MUST FILL IN THE BLANKS BELOW: [fill in all blanks] This form was prepared for the _____Petitioner _____Respondent

This form was completed with the assistance of:
{name of individual} ____________________________________________________________,
{name of business}______________________________________________________________,
{address} _____________________________________________________________________,
{city} ______________, {state} ____, {zip code}________{telephone number} _______________.

Instructions for Florida Supreme Court Approved Family Law Form 12.970(a), Petition for Temporary Custody Extended Family (02/18)

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INSTRUCTIONS FOR FLORIDA SUPREME COURT APPROVED FAMILY LAW FORM 12.970(a)
PETITION FOR TEMPORARY CUSTODY BY EXTENDED FAMILY
(02/18)

When should this form be used?

This form should be used by an extended family member to obtain temporary custody of a child or children pursuant to Chapter 751, Florida Statutes. This form should not be used if you are a parent seeking to establish parental responsibility or time-sharing with a child or children.

An Extended Family Member is:

A relative of a minor child within the third degree by blood or marriage to the parent;
OR

The stepparent of a minor child if the stepparent is currently married to the parent of the child and is not a party in a pending dissolution, separate maintenance, domestic violence, or other civil or criminal proceeding in any court of competent jurisdiction involving one or both of the child(ren)’s parents as an adverse party.

You may file a Petition for Temporary Custody if:

You have the signed, notarized consents of the child(ren)’s legal parents;
OR

You are an extended family member who is caring full time for the child(ren) in the role of a substitute parent and with whom the child(ren) is (are) presently living.

If one of the minor child(ren)’s parents objects to the Petition, the court shall grant the Petition only upon a finding, by clear and convincing evidence, that the child(ren)’s parent or parents are unfit to provide for the care and control of the child(ren). In determining that a parent is unfit, the court must find that the parent has abused, abandoned, or neglected the child(ren), as defined in Chapter 39, Florida Statutes. If you do not have the parents’ consents you should consult a family law attorney before you file your papers.

If you do not meet the qualifications above, you should talk to an attorney about other options. You may also report any suspected abuse, abandonment, or neglect to the appropriate authorities.

IMPORTANT INFORMATION REGARDING E-FILING

IMPORTANT INFORMATION REGARDING E-SERVICE ELECTION

What should I do next?

IF YOU HAVE SIGNED AND NOTARIZED WAIVERS OF SERVICE OF PROCESS AND CONSENTS from the child(ren)’s parents, and the case is uncontested, you may contact the clerk, family law intake staff, or judicial assistant, to set a final hearing. You must notify the child(ren)’s parents 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.

If one of the parents is deceased, you must file a certified copy of the proof of death.

IF YOU DO NOT HAVE SIGNED AND NOTARIZED WAIVERS OF SERVICE OF PROCESS AND CONSENTS from the child(ren)’s parents, you must properly notify the parents 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 after conducting a diligent search, you may use constructive service . You must complete all of the searches listed in the Affidavit of Diligent Search and Inquiry, Florida Family Law Rules of Procedure Form 12.913(c), and file the form with the clerk. You should seek legal advice on constructive service as this is a complicated area of the law. If the identity of one parent is unknown, you will need to seek legal advice to determine the proper way to serve an unknown parent. For more information, see Chapter 49, Florida Statutes.

If personal service is used, the parents have 20 days to answer after being served with your petition. Your case will generally proceed in one of the following ways:

DEFAULT. If after 20 days, no answer has been filed, you may file a Motion for Default, Florida Supreme Court Approved Family Law Form 12.922(a), with the clerk of court. You must file a Notice for Trial, Florida Supreme Court Approved Family Law Form 12.924. 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 the child(ren)’s parents 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 either parent files an answer which disagrees with or denies anything in your petition, and you are unable to settle the disputed issues, you must file a Notice for Trial, Florida Supreme Court Approved Family Law Form 12.924, to request a final hearing. 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).

At any time, either or both of the child(ren)’s parents may petition the court to modify or terminate the order granting temporary custody. The court shall terminate the order upon a finding that the parent is a fit parent, or by the consent of the parties. The court may modify an order granting temporary custody if the parties consent or if the modification is in the best interest of the child(ren).

Where can I look for more information?

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, fill it out, and the clerk will determine whether you are eligible to have filing fees deferred.

With this petition, you must file the following and provide a copy to the other party:

Uniform Child Custody Jurisdiction and Enforcement Act (UCCJEA) Affidavit,

Notice of Related Cases

Family Court Cover Sheet

Non-Military Affidavit

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 must also 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.

Florida Supreme Court Approved Family Law Form 12.970(a), Petition for Temporary Custody Extended Family

(02/18)

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