Florida Uncontested Dissolution of Marriage — Petition + Final Judgment Filing Packet

FLORIDA UNCONTESTED DISSOLUTION OF MARRIAGE — FILING PACKET

PART 1 — PRE-FILING RESIDENCY & WAITING-PERIOD CHECKLIST

☐ One of the Parties has been a resident of Florida for at least 6 months immediately before filing (Fla. Stat. § 61.021).
☐ The marriage is irretrievably broken (or one Party has been adjudicated mentally incapacitated for 3+ years) (Fla. Stat. § 61.052).
☐ Petitioner understands the 20-day mandatory waiting period between filing and entry of final judgment (Fla. Stat. § 61.19) — court cannot enter final judgment earlier absent injustice.
☐ Residency proof prepared:
☐ Valid FL driver's license / FL ID card / FL voter registration issued at least 6 months prior to filing; or
☐ Testimony of third party at hearing; or
☐ Affidavit of Corroborating Witness, Form 12.902(i).

Determine the correct petition form:

Filing-fee estimate: approximately $408–$415 (varies by county). Fee waiver: Application for Determination of Civil Indigent Status.

PART 2 — COURT CAPTION

PART 3 — OPTION A: SIMPLIFIED DISSOLUTION (Form 12.901(a))

PETITION FOR SIMPLIFIED DISSOLUTION OF MARRIAGE

Petitioner and Respondent jointly petition the Court for simplified dissolution of marriage and state under oath:

1. Jurisdiction / Residency. ☐ Petitioner ☐ Respondent ☐ Both has/have been a resident of Florida for more than 6 months before filing.

2. Marriage. The Parties were married on [__/__/____] in [____________].

3. The marriage is irretrievably broken.

4. The Parties have no minor or dependent children together, the wife has no minor or dependent children born during the marriage, and the wife is not now pregnant.

5. Property division. The Parties have ☐ orally divided ☐ executed a written Marital Settlement Agreement, Form 12.902(f)(3) dividing all assets and liabilities to mutual satisfaction.

6. Neither Party seeks alimony / spousal support.

7. The Parties waive the right to trial and appeal.

8. Both Parties are willing to appear at the clerk's office to sign this Petition and at the final hearing.

9. Wife's former name ☐ shall be restored to: [________________________________].

WHEREFORE, the Parties pray the Court enter a Final Judgment of Simplified Dissolution of Marriage (Form 12.990(a)).

Signed before the Clerk / Notary on [__/__/____]:

Petitioner: [________________________________]
Respondent: [________________________________]

[Clerk or Notary acknowledgments]

PART 4 — OPTION B: REGULAR DISSOLUTION PETITION (Form 12.901(b)(1)/(2)/(3))

PETITION FOR DISSOLUTION OF MARRIAGE

Petitioner, [PETITIONER NAME], being sworn, states:

1. Jurisdiction. This is an action for dissolution of marriage between Petitioner and Respondent.

2. Residency. ☐ Petitioner ☐ Respondent has been a resident of Florida for more than 6 months before filing (Fla. Stat. § 61.021).

3. Marriage. The Parties were married on [__/__/____] in [____________________] and have lived together as spouses until [__/__/____].

4. Irretrievable Breakdown. The marriage is irretrievably broken (Fla. Stat. § 61.052(1)(a)).

5. Children.
☐ There are no minor or dependent children common to the Parties, and the wife is not pregnant.
☐ The minor child(ren) common to the Parties are:

If children: a Parenting Plan (Form 12.995(a)) and Uniform Child Custody Jurisdiction and Enforcement Act (UCCJEA) Affidavit (Form 12.902(d)) are attached, and Florida is the home state of the child(ren) under § 61.514.

6. Marital Assets and Liabilities.
☐ The Parties have no marital assets or liabilities.
☐ The marital assets and liabilities are divided per attached Marital Settlement Agreement (Form 12.902(f)(2) with children / 12.902(f)(3) no children).

7. Spousal Support / Alimony (Fla. Stat. § 61.08).
☐ Neither Party seeks alimony.
☐ Petitioner seeks ☐ bridge-the-gap ☐ rehabilitative ☐ durational alimony.
☐ As provided in Marital Settlement Agreement.

8. Child Support (Fla. Stat. § 61.30). If applicable, child support per the Guidelines Worksheet, Form 12.902(e), is attached.

9. Time-Sharing / Parental Responsibility (Fla. Stat. § 61.13). As set forth in the attached Parenting Plan, providing for shared parental responsibility (presumed) and a detailed time-sharing schedule.

10. Restoration of Former Name. ☐ Petitioner requests restoration of former name: [________________________________].

WHEREFORE, Petitioner asks the Court to enter a Final Judgment of Dissolution of Marriage:
(a) Dissolving the marriage;
(b) Approving the Marital Settlement Agreement and Parenting Plan;
(c) Ordering child support per the Guidelines;
(d) Awarding ☐ no alimony ☐ alimony as agreed;
(e) Restoring Petitioner's former name;
(f) Granting such other relief as just and proper.

I certify that the information in this Petition is true.

Date: [__/__/____]
Petitioner: [________________________________]
Address: [________________________________]

[Notary acknowledgment]

PART 5 — SERVICE OF PROCESS / ANSWER WAIVER

Option A: Personal Service

Summons issued by clerk; served by sheriff or certified process server. Respondent has 20 days to file an Answer (Fla. Fam. L. R. P. 12.140).

Option B: Answer & Waiver of Service of Process (Form 12.902(a))

Respondent files an Answer and Waiver, acknowledging receipt of the Petition and waiving formal service. Must be notarized.

Option C: Joint Filing (Simplified Dissolution)

Both Parties sign the Petition; no separate service required.

Option D: Constructive Service / Service by Publication

If Respondent's whereabouts unknown after diligent search — file Affidavit of Diligent Search and Inquiry and proceed by publication (Fla. Stat. § 49.011 et seq.).

PART 6 — MANDATORY FINANCIAL DISCLOSURE (Fla. Fam. L. R. P. 12.285)

Each Party must serve the following within 45 days of service of the initial pleading (or as ordered):

Disclosure may be waived in writing only as to documents (not the Financial Affidavit) in cases without children and not seeking support, per Rule 12.285(d)(2).

Service of disclosure must be evidenced by Certificate of Compliance with Mandatory Disclosure, Form 12.932.

PART 7 — MARITAL SETTLEMENT AGREEMENT (Form 12.902(f)(2) or 12.902(f)(3))

MARITAL SETTLEMENT AGREEMENT

This Agreement is entered on [__/__/____] between [PETITIONER NAME] and [RESPONDENT NAME].

I. Marital Assets — Equitable Distribution (Fla. Stat. § 61.075)

Awarded to Husband:

• [____________________________________________________________]

Awarded to Wife:

• [____________________________________________________________]

II. Marital Liabilities

Husband shall pay (and hold Wife harmless):

• [____________________________________________________________]

Wife shall pay (and hold Husband harmless):

• [____________________________________________________________]

III. Real Property

☐ None.
☐ The marital home at [_______________] shall be: ☐ awarded to [________] ☐ sold; net proceeds [____]%/[____]%.

IV. Retirement / Pension (QDRO)

☐ Each retains his/her own.
☐ [_______________] account divided [____]%/[____]% by QDRO.

V. Alimony / Spousal Support (Fla. Stat. § 61.08)

☐ Both Parties waive alimony permanently.
☐ ☐ Bridge-the-gap ☐ Rehabilitative ☐ Durational alimony: $[__________]/month for [____] months ending [__/__/____].

VI. Health & Life Insurance

[____________________________________________________________]

VII. Mutual Releases

Each Party releases all claims arising from the marriage except as provided herein.

VIII. Survival / Incorporation

This Agreement shall be ratified, approved, and incorporated into the Final Judgment but shall survive as an independent contract.

Husband: [________________________________] Date: [__/__/____]
Wife: [________________________________] Date: [__/__/____]

[Notary acknowledgments for both]

PART 8 — PARENTING PLAN (Form 12.995(a)) — If Children

Required by Fla. Stat. § 61.13(2). Must include:

1. Parental Responsibility: ☐ Shared (presumed) ☐ Sole (with findings of detriment)
2. Time-Sharing Schedule: weekday, weekend, holiday, summer, school break.
3. Education / Health Care decisions: how made.
4. Communication: how parents communicate with each other and with children.
5. Designation for school/other purposes: [________________________________].
6. Daily tasks and routines: [________________________________].
7. Long-distance parenting (if applicable): [________________________________].

PART 9 — CHILD SUPPORT GUIDELINES WORKSHEET (Form 12.902(e))

Required if children — based on Fla. Stat. § 61.30.

1. Father monthly net income: $[__________]
2. Mother monthly net income: $[__________]
3. Combined monthly net income: $[__________]
4. Basic monthly obligation (per § 61.30(6) schedule): $[__________]
5. Health insurance premium for child(ren): $[__________]
6. Work-related child care costs: $[__________]
7. Total minimum child support need: $[__________]
8. Each parent's percentage share of combined net income: Father [____]% / Mother [____]%
9. Each parent's share of support: Father $[__________] / Mother $[__________]
10. Adjustment for substantial time-sharing (≥20% overnights) per § 61.30(11)(b): [____]
11. Child support obligation: $[__________]/month, payable by [____________] through the State Disbursement Unit (FL SDU).

Income Deduction Order (Form 12.996(a)) shall issue.

PART 10 — REQUIRED ADDITIONAL FILINGS / FORMS

PART 11 — FINAL JUDGMENT OF DISSOLUTION (Form 12.990)

FINAL JUDGMENT OF DISSOLUTION OF MARRIAGE

This cause came before the Court for hearing on [__/__/____]. The Court, having reviewed the file, heard the testimony, and being otherwise fully advised, finds:

1. The Court has jurisdiction of the subject matter and the Parties.
2. At least one Party has been a Florida resident for more than 6 months before filing (§ 61.021).
3. The marriage between the Parties is irretrievably broken (§ 61.052).
4. The Marital Settlement Agreement dated [__/__/____] (and Parenting Plan dated [__/__/____], if applicable) is fair and reasonable and is hereby ratified, approved, and incorporated into this Final Judgment.

ACCORDINGLY, IT IS ORDERED AND ADJUDGED:

A. The marriage of the Parties is dissolved.
B. The Marital Settlement Agreement is ratified and incorporated by reference.
C. (If children) The Parenting Plan is adopted and made part of this Judgment. Child support shall be paid in the amount of $[__________]/month per the attached Child Support Guidelines Worksheet, through the Florida State Disbursement Unit.
D. (If alimony) [Payor] shall pay alimony of $[__________]/month for [____] months commencing [__/__/____].
E. ☐ The wife's former name [________________________________] is restored.
F. The Court reserves jurisdiction to enforce and modify this Judgment as permitted by law.

DONE AND ORDERED in chambers at [____________] County, Florida, on [__/__/____].

[________________________________] CIRCUIT JUDGE

Copies furnished to: Petitioner; Respondent; Clerk; State Disbursement Unit (if applicable).

PART 12 — STEP-BY-STEP FILING PROCEDURE

1. Confirm 6-month Florida residency (§ 61.021).
2. Choose correct petition form (12.901(a) Simplified vs. 12.901(b)(1)/(2)/(3) Regular).
3. Prepare initial filing package:
   - Petition (signed, notarized)
   - Family Law Cover Sheet (Form 12.928)
   - UCCJEA Affidavit (Form 12.902(d)) if children
   - Notice of Social Security Number (Form 12.902(j))
   - Affidavit of Corroborating Witness (Form 12.902(i)) if residency proof needed
   - Civil Indigent Status Application (if fee waiver)
4. File with Clerk of Circuit Court in county where Petitioner lives. Pay filing fee (~$408–$415).
5. Service: Summons + Petition via sheriff/process server; OR Answer & Waiver (Form 12.902(a)); OR joint signature (Simplified).
6. Within 45 days of service, both Parties exchange Mandatory Disclosure documents (Rule 12.285) and file Financial Affidavit (Form 12.902(b) or (c)).
7. Negotiate and execute Marital Settlement Agreement and Parenting Plan (if children).
8. File:
   - Marital Settlement Agreement (Form 12.902(f)(2) or (f)(3))
   - Parenting Plan (Form 12.995(a))
   - Child Support Guidelines Worksheet (Form 12.902(e))
   - Certificate of Compliance with Mandatory Disclosure (Form 12.932)
   - Notice of Final Hearing
9. Attend Final Hearing (after 20-day mandatory waiting period under § 61.19):
   - Both Parties attend (Simplified) or Petitioner alone (Regular uncontested with Answer & Waiver)
   - Brief testimony on residency, irretrievable breakdown, fairness of Agreement
10. Judge signs Final Judgment. Clerk records.
11. Post-judgment:
    - Income Deduction Order (Form 12.996(a)) issued to obligor's employer
    - Clerk transmits DH-2168 to Bureau of Vital Statistics
    - Record any deeds for real property
    - Submit QDROs to plan administrators
    - Update beneficiaries, SSA, DMV
    - Obtain certified copies of Final Judgment

PART 13 — KEY STATUTES AND REFERENCES

• Florida Statutes Chapter 61 — Dissolution of Marriage; Support; Time-Sharing
• Fla. Stat. § 61.021 (Residency), § 61.052 (Grounds), § 61.075 (Equitable Distribution), § 61.08 (Alimony), § 61.13 (Time-sharing/support), § 61.19 (20-day waiting period), § 61.30 (Child Support Guidelines)
• Florida Family Law Rules of Procedure 12.285 (Mandatory Disclosure), 12.611 (case management)
• Florida Supreme Court Approved Family Law Forms — https://www.flcourts.gov/Resources-Services/Office-of-Family-Courts/Family-Court-in-Florida/Family-Law-Forms
• Florida State Disbursement Unit — https://www.smartchildsupport.com/

Disclaimer: This template is for general informational purposes only and is not legal advice. Florida family law procedure varies by judicial circuit. Use of the current Florida Supreme Court Approved Family Law Forms is mandatory. Consult a licensed Florida family-law attorney before filing.