Free Florida Divorce Decree Form

The Florida Divorce Decree form, specifically the Petition for Dissolution of Marriage with Dependent or Minor Child(ren), is utilized when a couple seeks to end their marriage and they have children together or if one spouse is pregnant. This form is essential for initiating the legal process of divorce in Florida. It ensures that the court is informed about the couple's situation, particularly concerning the welfare of their children.

To file this form, either you or your spouse must have resided in Florida for at least six months prior to filing. If you meet this residency requirement and have dependent or minor children, or if your spouse is pregnant, you can proceed with this form. It's important to ensure that the form is filled out correctly, as it serves as the foundation for your divorce proceedings.

The form should be typed or printed in black ink for clarity. After completing it, you must sign the document in front of a notary public or deputy clerk. Once signed, file the original with the clerk of the circuit court in your county and keep a copy for your records. Proper completion and filing are crucial steps in moving your case forward.

After you file the form, you must notify your spouse of the petition. If you know where your spouse lives, personal service is the preferred method. If not, you may need to use constructive service, especially if your spouse is out of state or in the military. Once served, your spouse has 20 days to respond. Depending on their response, your case may proceed as a default, uncontested, or contested divorce.

If you find yourself in a situation where you cannot pay the filing fee, you can apply for a determination of civil indigent status. This application can be obtained from the clerk's office. If approved, it may allow you to defer your filing fees, making the process more accessible.

A Parenting Plan is a crucial document that outlines how parents will share responsibilities and time with their minor children after a divorce. In Florida, the court requires a Parenting Plan to ensure that the best interests of the children are prioritized. If parents cannot agree on a plan, the court will establish one based on the children's needs. This document can significantly influence custody arrangements and time-sharing schedules.

Not verifying residency requirements: Before filing, ensure that either you or your spouse has lived in Florida for at least six months. Failing to meet this requirement can lead to your petition being dismissed.

Neglecting to sign in front of a notary: After completing the form, it’s essential to sign it before a notary public or deputy clerk. Skipping this step can invalidate your petition.

Using incorrect ink color: The form must be typed or printed in black ink. Using any other color can result in delays or rejection of your filing.

Improperly notifying your spouse: You must notify your spouse of the petition properly. Using personal service is preferred if you know their whereabouts. If you don’t, you may need to resort to constructive service, which has specific limitations.

Forgetting to file required additional documents: Along with the petition, several documents must be filed, such as the Family Law Financial Affidavit and a Parenting Plan if applicable. Missing these can delay your case.

Ignoring e-filing requirements: If you choose to file electronically, you must comply with Florida's e-filing rules. Not following these guidelines can lead to complications in your case.

Failing to request alimony in writing: If you want alimony, you must include it in your original petition. If you don’t, you may lose the chance to request it later.