Florida Petition for Dissolution of Marriage (12.901): Forms, Filing, and Service

To file a petition for dissolution of marriage in Florida, submit the correct Form 12.901 petition — along with a family law cover sheet and a sworn financial affidavit — to the clerk of the circuit court in a county where you or your spouse lives, pay the $397.50 filing fee, and arrange for your spouse to be personally served. Florida is a no-fault state, so the petition only needs to state that the marriage is “irretrievably broken.”1The Florida Legislature. Florida Code 61.052 – Dissolution of Marriage You can file through the Florida Courts E-Filing Portal or in person at the clerk’s office.2Florida Court Clerks & Comptrollers. How Do I File for a Divorce?

Confirm You Meet the Residency Requirement

At least one spouse must have lived in Florida for a minimum of six months before you file.3The Florida Legislature. Florida Code 61.021 – Residence Requirements Without it, the court has no jurisdiction and will dismiss the case. You prove residency with a valid Florida driver’s license, a voter registration card, or a notarized statement from someone who can confirm how long you’ve lived in the state.

Pick the Right 12.901 Petition

Florida has four petition forms. Filing the wrong one forces you to start over, so match the form to your situation before you fill anything out.

When in doubt, 12.901(b)(1) or (b)(2) covers the broadest set of circumstances. All Florida family law forms are free on the Florida Courts website and at the clerk’s office.

Documents You File With the Petition

Gather these before you sit down with the petition. Missing any one of them will delay the filing or force amendments later.

Family Law Cover Sheet (Form 12.928)

Every dissolution petition must be filed with Form 12.928. It tells the clerk what type of case you’re opening, and the clerk will not accept the petition without it.8Florida Courts. Instructions for Form 12.928 – Cover Sheet for Family Court Cases

Financial Affidavit (Form 12.902(b) or (c))

A sworn financial affidavit is required in nearly every dissolution case, and the parties cannot waive it.9Florida Courts. Florida Family Law Rules of Procedure Which version you file depends on your gross annual income:

Fill it out completely and honestly. The court uses it to decide property division, alimony, and child support, and understating income or hiding accounts can lead to sanctions and a less favorable split of property.

UCCJEA Affidavit (Form 12.902(d)) — Cases With Children

If your case involves any minor children, you must file Form 12.902(d). It lists every address each child has lived at during the past five years, and every person the child has lived with. The court uses it to confirm jurisdiction over custody and avoid conflicts with courts in other states.12Florida Courts. Instructions for Form 12.902(d) – Uniform Child Custody Jurisdiction and Enforcement Act Affidavit

Parenting Plan (Form 12.995) — Cases With Children

A parenting plan is required in every dissolution involving time-sharing with minor children, even when parents agree on everything.13Florida Courts. Form 12.995(a) – Parenting Plan Use Form 12.995(a) for standard situations, Form 12.995(b) if supervised visitation is involved, or Form 12.995(c) if a parent is relocating. The plan covers the time-sharing schedule, holidays, and which parent makes decisions about education, healthcare, and extracurriculars.

What Goes in the Petition

Type or print in black ink. Every petition must be signed under oath before a notary public or a deputy clerk. You’ll need the full legal names of both spouses, the date and place of the marriage, Social Security numbers for both parties, and — if there are children — each child’s full name, date of birth, and current address. The petition also asks whether the wife is currently pregnant.

The Grounds

Check the box or include the statement that your marriage is irretrievably broken. That is the legal standard for no-fault divorce in Florida, and it means you believe the marriage cannot be saved.14Florida State Courts. Petition for Dissolution of Marriage You don’t need to explain what went wrong.

The Relief You Want

The petition asks what you want the court to order. Be specific now; what you leave out can be hard to add later.

  • Property division. Florida starts from the assumption that marital assets and debts are split equally, though a judge can order an unequal split based on factors like each spouse’s economic circumstances, the length of the marriage, and each spouse’s contributions. List bank accounts, real estate, vehicles, retirement accounts, and debts by name and approximate value.15The Florida Legislature. Florida Code 61.075 – Equitable Distribution of Marital Assets and Liabilities
  • Alimony. Florida courts can award temporary, bridge-the-gap, rehabilitative, or durational alimony. If you want it, say so in the petition and specify the type and amount. Omit the request and you may lose the chance.16The Florida Legislature. Florida Code 61.08 – Alimony
  • Child support and time-sharing. For cases with children, propose a parenting arrangement and child support amount in the petition, and attach the parenting plan form.

Restoring a Former Name

If you changed your name when you married and want your prior name back, include that request in the petition. Write out the full former name — first, middle, and last — and spell it clearly at the final hearing so the judgment captures it correctly.1715th Judicial Circuit of Florida. Post Dissolution Name Change Information You can only restore a former legal name through this process. You cannot adopt a new one.

Where to File and What It Costs

File the petition, cover sheet, financial affidavit, and any other required forms with the clerk of the circuit court in the county where you or your spouse lives. You can submit everything through the Florida Courts E-Filing Portal at myflcourtaccess.com or deliver it in person.18Florida Courts. DIY Florida Self-represented litigants are not required to e-file, but the portal is open to anyone.

The filing fee is $397.50.2Florida Court Clerks & Comptrollers. How Do I File for a Divorce? If you cannot afford it, apply for a determination of civil indigent status. You qualify if your income is at or below 200 percent of the federal poverty guidelines for your household size.19Florida Senate. Florida Code 57.082 – Determination of Civil Indigent Status If approved, the filing and summons fees are waived, though other case costs are not.20Florida Courts. Application for Determination of Civil Indigent Status

Have Your Spouse Served

Once the petition is filed, your spouse — the respondent — must be formally served with the petition and a summons (Form 12.910(a)). You cannot hand the papers to your spouse yourself. Service must be done by a sheriff’s deputy or a certified private process server in the county where the respondent lives or works.21Florida Courts. Instructions for Form 12.910(a) – Summons Personal Service on an Individual File the summons with the clerk, who signs and seals it, then forward it with copies of your petition to the process server with the appropriate fee. Private servers typically charge between $50 and $150.

If your spouse cannot be found after a diligent search, you can use constructive service by publication — a legal notice run once a week for four consecutive weeks in a newspaper in the county where the case was filed.22The Florida Legislature. Florida Code 49.10 – Time and Manner of Publication Publication has real limits: the court generally cannot award money damages or divide property based on it alone, so personal service should always be your first choice.

What Happens After You File

Once served, the respondent has 20 days to file a written answer.23Florida Courts. Form 12.903(a) – Answer to Petition for Dissolution of Marriage The respondent can answer the petition or file a counterpetition asking for different relief. If nothing is filed within 20 days, you can ask the clerk to enter a default and set a hearing where you present evidence so the judge can decide whether your requested terms are fair.

Within 45 days of the respondent being served, both parties must exchange a detailed set of financial documents under the mandatory disclosure rule.24Florida Courts. Rule 12.285 – Mandatory Disclosure The required documents include:

  • Federal and state tax returns for the past three years
  • W-2s, 1099s, and K-1s for the most recent year if that return hasn’t been filed
  • Pay stubs or other proof of earned income for the three months before the financial affidavit was served
  • Bank statements — the last three months for checking, the last twelve for savings, money market, and similar accounts
  • Brokerage account statements for the past twelve months
  • The most recent statements for any retirement, pension, 401(k), IRA, or deferred compensation plans
  • Loan applications and financial statements prepared in the past twelve months
  • Deeds from the past three years, promissory notes from the past twelve months, and all current leases
  • Life insurance declarations and health and dental insurance cards covering either spouse or the children

Simplified dissolutions are exempt, as are uncontested cases where the respondent was served by publication and never responded.9Florida Courts. Florida Family Law Rules of Procedure Everyone else must comply.

If children are involved, both parents must complete an approved Parent Education and Family Stabilization Course before the court will enter a final judgment. The petitioner has 45 days from filing; the respondent has 45 days from being served.25Florida Senate. Florida Code 61.21 – Parent Education and Family Stabilization Course These are typically four-hour online courses, and the certificate of completion must be filed with the court. Sign up early.

If you and your spouse can’t agree on terms, expect to be referred to mediation. Florida’s rules allow referral of contested family matters to mediation, and most judges order it before letting a case go to trial.26Florida Supreme Court. Florida Family Law Rules of Procedure – Rule 12.740 Cases involving domestic violence injunctions are excluded from mandatory mediation.

Finally, Florida imposes a 20-day minimum between filing and any final judgment of dissolution.27The Florida Legislature. Florida Code 61.19 – Entry of Judgment of Dissolution of Marriage, Delay Period Most contested cases take much longer because of service, disclosure, mediation, and scheduling. The 20-day floor matters mainly for simplified dissolutions where everything is already agreed, and even then you can’t finalize faster unless the judge finds that waiting would cause injustice.