In re Amendments to the Florida Supreme Court Approved Family Law Forms
Docket: No. SC11-945
Court: Supreme Court of Florida; May 24, 2012; Florida; State Supreme Court
The Florida Supreme Court has amended the Florida Supreme Court Approved Family Law Forms in response to changes in chapter 61 of the Florida Statutes, specifically regarding alimony and child support, as noted in laws from 2010 and 2011. These amendments take effect immediately upon the release of this opinion, and interested parties have 60 days to submit comments since the amendments were not previously published for feedback. The updated forms are available online at the Florida State Courts website.
The amended Form 12.901(b)(1) is intended for use when filing a petition for dissolution of marriage involving dependent or minor children or when the wife is pregnant. It requires the petitioner and spouse to have resided in Florida for at least six months prior to filing. The form must be completed, signed in front of a notary or deputy clerk, and filed with the local circuit court; a copy should be retained. Proper notification of the spouse is critical for case progression, with options for personal or constructive service depending on the spouse's location. If constructive service is used, the court may only grant limited relief, excluding spousal and child support. Special considerations apply if the spouse is in military service. If personal service is utilized, the spouse has 20 days to respond before potentially proceeding with a Motion for Default if no response is received.
To set a final hearing after filing the required paperwork, contact the clerk, family law intake staff, or judicial assistant. Notify your spouse of the hearing using the Notice of Hearing (General), Florida Supreme Court Approved Family Law Form 12.923.
In uncontested cases, if your spouse agrees with your petition, follow the same procedure after ensuring compliance with mandatory disclosure.
In contested cases, if your spouse files an answer or counterpetition denying any part of your petition and issues remain unresolved, file a Notice for Trial, Florida Supreme Court Approved Family Law Form 12.924, after fulfilling mandatory disclosure. Some circuits may require mediation before scheduling a final hearing.
If a counterpetition is filed, respond within 20 days using an Answer to Counterpetition, Florida Supreme Court Approved Family Law Form 12.903(d). For additional guidance, refer to 'General Information for Self-Represented Litigants' at the beginning of the forms and consult chapter 61 of the Florida Statutes.
If unable to pay the filing fee, request an Application for Determination of Civil Indigent Status from the clerk. For confidentiality due to safety concerns, file a Request for Confidential Filing of Address, Florida Supreme Court Approved Family Law Form 12.980(h), omitting personal contact information.
Additional required forms include: UCCJEA Affidavit (Form 12.902(d)), Child Support Guidelines Worksheet (Form 12.902(e)), Affidavit of Corroborating Witness (Form 12.902(i)), or a copy of a current Florida driver’s license or voter registration. If applicable, submit a Marital Settlement Agreement (Form 12.902(f)(1)), Notice of Social Security Number (Form 12.902(j)), Family Law Financial Affidavit (Forms 12.902(b) or (c)), and Certificate of Compliance with Mandatory Disclosure (Form 12.932) within 45 days of service.
A signed and notarized Parenting Plan should be included if parents agree on arrangements; if not, a proposed plan can be filed. In cases of disagreement, a judge will establish the Parenting Plan and time-sharing schedule based on the best interests of the child(ren), with the authority to modify arrangements as needed. The court may appoint a guardian ad litem for neutral assessment regarding parenting issues. Completion of a parenting course is required before final judgment, and parents should familiarize themselves with relevant terminology, such as Shared Parental Responsibility and Time-Sharing Schedule.
Regarding child support, one parent may be ordered to provide financial assistance to the other based on Florida's child support guidelines, which consider both parents' combined income. A Family Law Financial Affidavit must be filed by both parents, and child support amounts can be calculated using the Child Support Guidelines Worksheet.
Alimony may be granted if a spouse demonstrates need and the other has the ability to pay. Requests for alimony must be made in writing in the original petition, or they will be waived. Various types of alimony can be requested, including permanent and rehabilitative.
Florida law mandates equitable distribution of marital assets and liabilities, which may not be equal but must be fair, influenced by factors like child support and alimony. Nonmarital assets and liabilities belong solely to one party and are excluded from distribution considerations.
Temporary relief options are available for issues such as asset usage, liability responsibilities, parental responsibilities, time-sharing with children, child support, and alimony through a Motion for Temporary Support and Time-Sharing with Dependent or Minor Child(ren) (Form 12.947(a)). If an agreement is reached between spouses, a Marital Settlement Agreement (Form 12.902(f)(1)) must be signed and notarized. Unresolved issues will be treated as contested and determined by the judge at the final hearing. A Parenting Plan must be approved by the court in cases involving minor children. For agreed arrangements, a Parenting Plan (Form 12.995(a)), Safety-Focused Parenting Plan (Form 12.995(b)), or Relocation/Long-Distance Parenting Plan (Form 12.995(c)) should be filed. If no agreement is reached, a proposed Parenting Plan can be submitted, and the court will establish one if necessary. The forms include a Final Judgment of Dissolution of Marriage with Dependent or Minor Child(ren) (Form 12.990(c)(1)) for contested cases or an uncontested variant (Form 12.990(b)(1)) for agreed cases. It is advised to confirm with court officials whether to bring a final judgment to the hearing, ensuring the appropriate headings are filled out beforehand. Nonlawyers assisting in form completion must provide a Disclosure from Nonlawyer (Form 12.900(a)) and include their contact information on the forms. For cases without dependent children, the Petition for Dissolution of Marriage with Property but No Dependent or Minor Child(ren) (Form 12.901(b)(2)) is applicable, requiring that at least one spouse has resided in Florida for six months prior to filing. If both spouses agree on all issues, they may opt for a Petition for Simplified Dissolution of Marriage (Form 12.901(a)), but this option is unavailable if there are disagreements on property, debts, support requests, or if either spouse wishes to reserve rights for future reconsideration or appeals.
Forms must be completed in black ink and signed before a notary public or deputy clerk. The original must be filed with the circuit court clerk in the petitioner’s county of residence, with a copy retained for personal records. The petitioner is responsible for notifying the respondent spouse, using personal service if their location is known; if unknown, constructive service may be employed, especially if the spouse resides out of state or country. However, using constructive service limits the court’s relief options, excluding spousal support unless a divorce is granted. Additional protocols are needed for serving a spouse in military service.
Upon personal service, the spouse has 20 days to respond. The case can proceed in three ways:
1. **Default**: If no answer is filed, the petitioner may file a Motion for Default, followed by scheduling a final hearing with appropriate notice to the spouse.
2. **Uncontested**: If the spouse agrees to the petition, the petitioner can schedule a final hearing after ensuring compliance with mandatory disclosure.
3. **Contested**: If the spouse files a counterpetition, the petitioner must respond within 20 days and may need to file a Notice for Trial, potentially undergoing mediation first if required by the circuit.
Further information is available in the 'General Information for Self-Represented Litigants' document and chapter 61 of the Florida Statutes. For those unable to pay filing fees, an Application for Determination of Civil Indigent Status can be obtained from the clerk to assess eligibility for fee deferral.
To keep your address confidential due to being a victim of specific crimes (e.g., sexual battery, domestic violence), do not provide your address or contact information on the form. Instead, file a Request for Confidential Filing of Address using Florida Supreme Court Approved Family Law Form 12.980(h). This request must be accompanied by an Affidavit of Corroborating Witness (Form 12.902(i)) or a photocopy of a current Florida driver’s license, ID card, or voter registration (issued at least six months prior to filing).
If applicable, include a Marital Settlement Agreement for Dissolution of Marriage with No Dependent or Minor Child(ren) (Form 12.902(f)(2)), a Notice of Social Security Number (Form 12.902(j)), and a Family Law Financial Affidavit (Forms 12.902(b) or (c)), all of which must be filed within 45 days after serving the petition on the respondent unless filed with the petition. Also, submit a Certificate of Compliance with Mandatory Disclosure (Form 12.982) within the same timeframe unless both parties agree otherwise.
Alimony may be granted if the court finds a genuine need and the ability of the other spouse to pay. A written request for alimony must be included in the original petition or counterpetition; failure to do so waives the right to request it later. Types of alimony include permanent, bridge-the-gap, durational, lump sum, or rehabilitative.
Florida law mandates equitable distribution of marital assets and liabilities, where 'equitable' does not equate to 'equal.' Nonmarital assets and liabilities are excluded from this distribution if determined by agreement or court finding.
For temporary relief regarding asset use or support, file a Motion for Temporary Support (Form 12.947(c)). If an agreement is reached, file a Marital Settlement Agreement (Form 12.902(f)(2)), signed before a notary. Disputed issues will be resolved by the judge at the final hearing, using either a contested (Form 12.990(c)(2)) or uncontested (Form 12.990(b)(2)) Final Judgment of Dissolution of Marriage. Confirm with court staff if a final judgment is needed for the hearing.
The document provides instructions for completing specific Florida family law forms related to marriage dissolution. It emphasizes that the heading should include the circuit, county, case number, division, and parties' names, leaving the rest blank for the judge. Nonlawyers assisting in form completion must provide a Disclosure from Nonlawyer and include their contact information on each form they help with.
The document details the usage of two forms:
1. **Marital Settlement Agreement (Form 12.902(f)(2))**: This form is used when parties have reached an agreement on issues after filing a Petition for Dissolution of Marriage with property but no dependent children. It must be typed or printed in black ink, signed by both parties, and notarized. The completed form should be filed with the circuit court clerk, and a copy retained for personal records. It is noted that this form does not transfer property title, which must be done by deed or supplemental final judgment.
2. **Answer, Waiver, and Request for Copy of Final Judgment (Form 12.903(a))**: This form is to be used by a respondent who does not contest the dissolution of marriage petition. By filing this form, the respondent admits to the petition's allegations and waives the right to be notified of the final hearing. This form must also be signed in front of a notary, filed with the circuit court clerk, and a copy sent to the spouse. The respondent has 20 days to file this form after being served.
Additional references include reading the General Information for Self-Represented Litigants and consulting chapter 61 of the Florida Statutes for further guidance.
Before proceeding with the legal process, individuals should read the "General Information for Self-Represented Litigants" at the beginning of the forms, where key terms are defined. The following forms must be filed if the case involves children: the UCCJEA Affidavit (Form 12.902(d)), Child Support Guidelines Worksheet (Form 12.902(e)), and either a Marital Settlement Agreement with (Form 12.902(f)(1)) or without children (Form 12.902(f)(2)), if an agreement has been reached. Additional requirements include a Notice of Social Security Number (Form 12.902(j)), a Family Law Financial Affidavit (Form 12.902(b) or (e)), and a Certificate of Compliance with Mandatory Disclosure (Form 12.932), all to be filed within 45 days of service of the petition unless otherwise agreed. By filing the answer and waiver, individuals consent to the parenting plan and time-sharing requests in the petition. The court may appoint a guardian ad litem to evaluate the situation and recommend a parenting plan, ensuring the best interests of the children are prioritized. Completion of a parenting course is mandatory before final judgment, and individuals should consult local court staff regarding course requirements. Key terms to understand include Shared Parental Responsibility, Sole Parental Responsibility, Supervised Time-Sharing, Parenting Plan, Time-Sharing Schedule, and Child Support. By filing the answer and waiver, individuals also agree to any child support requests. Florida guidelines dictate child support amounts based on combined parental income, and both parents must file a Financial Affidavit.
Child support obligations can be calculated using the Child Support Guidelines Worksheet per Florida Family Law Rules of Procedure Form 12.902(e). The guidelines consider multiple factors and can vary, resulting in differing obligations for individuals in similar situations. By filing an answer and waiver, one consents to any alimony requests in the petition. Alimony may be granted if one spouse demonstrates need and the other has the ability to pay. A written counter-petition is necessary to request alimony; failure to do so before the final hearing waives the right to request it later. Different types of alimony include permanent, bridge-the-gap, durational, lump sum, and rehabilitative.
Equitable distribution of marital assets and liabilities is mandated by Florida law, where "equitable" does not imply "equal." Factors such as child support, time-sharing, and alimony may influence the distribution's fairness. Non-marital assets and liabilities belong solely to one party, as determined by agreement or court decision. Filing an answer and waiver indicates acceptance of the petition's requests regarding asset and liability division.
A copy of the Final Judgment will be mailed; if not received, one should contact the clerk’s office for a copy. Reviewing the Final Judgment is crucial to understand rights and obligations. Nonlawyers assisting with form completion must provide a Disclosure from Nonlawyer (Form 12.900(a)) and include their contact information on the forms they help complete.
Form 12.903(c)(1) is to be used when responding to a dissolution of marriage petition involving dependent or minor children and when requesting additional court actions not included in the petition. The answer section addresses allegations, while the counterpetition requests specific relief. The form must be signed before a notary and filed with the circuit court, retaining a copy for personal records. The petitioner is the one who files the original petition, while the respondent is the spouse; similarly, the counterpetitioner files the counterpetition, and the counterrespondent is the spouse in that context.
Respondents have 20 days to file an answer after being served with a spouse’s petition, and must provide a copy of their response to the spouse. Following the filing of an answer and counterpetition, the process varies based on whether the dissolution is contested or uncontested.
In an uncontested case, where both parties agree on all issues, they must comply with mandatory disclosure and file necessary documents to schedule a final hearing. Either party can request this hearing and must notify the other party using a proper Notice of Hearing form.
In a contested case, where there are disagreements, either party may file a Notice for Trial after complying with mandatory disclosure and filing required documents. Some circuits may mandate mediation before setting a trial date, and parties should consult court staff for procedural guidance.
Additionally, certain forms must be filed alongside the initial response, including the UCCJEA Affidavit, Child Support Guidelines Worksheet, Affidavit of Corroborating Witness, and various parenting plans, depending on whether agreements have been reached. A Family Law Financial Affidavit must be submitted within 45 days of service, as well as a Certificate of Compliance with Mandatory Disclosure unless otherwise agreed.
In cases where spouses cannot agree on parenting arrangements or a time-sharing schedule, a judge will establish a Parenting Plan focused on the best interests of the child(ren). The court retains the authority to modify related matters regardless of any agreements. A judge may appoint a guardian ad litem or request a parenting plan recommendation to ensure the child(ren)’s welfare is prioritized. Completion of a parenting course is mandatory before the final judgment, and individuals should consult local family law resources for specific requirements.
Key terms to understand include Shared Parental Responsibility, Sole Parental Responsibility, Supervised Time-Sharing, No Contact, Parenting Plan, and Child Support. The court may order one parent to pay child support, with amounts determined by Florida's guidelines based on both parents' combined incomes. Filing a Family Law Financial Affidavit is required for both parents to calculate support obligations accurately.
Alimony may be granted if one spouse demonstrates need and the other has the capacity to pay. Requests for alimony must be made in writing before the final hearing; failure to do so waives the right to request it later. Different types of alimony include permanent, bridge-the-gap, durational, lump sum, and rehabilitative alimony.
Florida law mandates equitable distribution of marital assets and liabilities, where "equitable" does not imply equal. Factors like child support and time-sharing can influence the distribution, while non-marital assets and liabilities are determined to belong to one party and are excluded from distribution considerations.
A Parenting Plan must be approved or established by the court in cases involving minor or dependent children. If an agreement between spouses exists, they should file a Parenting Plan using the Florida Supreme Court Approved Family Law Forms 12.995(a), 12.995(b), or 12.995(c), detailing the time-sharing schedule for the children. In the absence of an agreement, a proposed Parenting Plan can be filed, or the court will establish one if the spouses cannot agree. For temporary relief regarding assets, liabilities, parental responsibilities, child support, or alimony, a Motion for Temporary Support and Time-Sharing with Dependent or Minor Children using Florida Supreme Court Approved Family Law Form 12.947(a) can be filed.
If spouses can agree on issues, they should file a Marital Settlement Agreement using Florida Supreme Court Approved Family Law Form 12.902(f)(1), which must be signed in front of a notary public or deputy clerk. Disputed issues will be settled by the judge at the final hearing. The judge may use a Final Judgment of Dissolution of Marriage with Dependent or Minor Children (Form 12.990(c)(1)) for contested cases, or an Uncontested Final Judgment (Form 12.990(b)(1)) if all issues are agreed upon. Parties should check with court officials about bringing a final judgment to the hearing.
If a nonlawyer assists in filling out these forms, they must provide a Disclosure from Nonlawyer (Form 12.900(a)) and include their contact information on completed forms. Additionally, Form 12.903(c)(2) is for responding to a petition for dissolution of marriage involving property but no dependent or minor children, allowing the respondent to admit or deny allegations and file a counter-petition. The completed form should be signed before a notary public or deputy clerk and filed with the circuit court clerk.
In a dissolution of marriage proceeding, the individual filing the petition is termed the petitioner, while their spouse is the respondent. If the spouse files a counterpetition, they are called the counterpetitioner, and the original petitioner becomes the counterrespondent. Upon being served with the petition, the respondent has 20 days to file an answer, which must be delivered to the spouse. Following the filing of the answer and counterpetition, the spouse has another 20 days to respond using the appropriate Florida Supreme Court form.
The case is classified as uncontested if both parties agree on all issues; in this scenario, and after complying with mandatory disclosure and filing required documents, either party may schedule a final hearing by notifying the other party. Conversely, if there are disagreements on any issues, the dissolution is contested. In such cases, if mediation does not resolve disputes, either spouse may file a Notice for Trial after meeting mandatory disclosure requirements.
Additional filings required include an Affidavit of Corroborating Witness or a valid identification document, a Marital Settlement Agreement if applicable, a Notice of Social Security Number, a Family Law Financial Affidavit within 45 days of service, and a Certificate of Compliance with Mandatory Disclosure, unless mutually agreed otherwise. Alimony may be requested in writing within the counterpetition if one spouse demonstrates need and the other has the ability to pay. For further guidance, individuals are advised to review the General Information for Self-Represented Litigants and consult Chapter 61 of the Florida Statutes.
Failure to request alimony in writing before the final hearing results in the waiver of that request. Alimony options include permanent, bridge-the-gap, durational, lump sum, and rehabilitative alimony. In Florida, marital assets and liabilities must be equitably distributed, which may not equate to equal distribution due to various factors, including alimony. Non-marital assets and liabilities are those determined to belong to one party and are excluded from the distribution process.
For temporary relief regarding assets, liabilities, or alimony, a Motion for Temporary Support can be filed using Florida Supreme Court Approved Family Law Form 12.947(c). If an agreement is reached on the issues, a Marital Settlement Agreement (Florida Supreme Court Approved Family Law Form 12.902(f)(2)) must be signed by both parties before a notary public; unresolved issues will be decided by a judge.
Final judgment forms, including those for contested (Form 12.990(c)(2)) and uncontested cases (Form 12.990(b)(2)), must be prepared and may need to be brought to the hearing. Nonlawyers assisting with form completion must provide a Disclosure from Nonlawyer (Form 12.900(a)) and include their contact information on the forms.
Lastly, the Answer to Counterpetition form (to respond to a respondent’s counter-petition) must be completed and filed within 20 days of service, signed before a notary or deputy clerk, and filed with the circuit court clerk.
A copy of the form must be mailed or hand-delivered to the other party. To proceed, refer to the petition instructions for trial settings under UNCONTESTED and CONTESTED circumstances. For further information, read the General Information for Self-Represented Litigants at the beginning of the forms, where terms in bold are defined. A nonlawyer assisting with the forms must provide a Disclosure from Nonlawyer and include their contact details on every form they help complete.
This form is utilized to request a support order if the spouse has the ability to contribute but has not done so, applicable only if no dissolution of marriage has been filed. If a dissolution petition exists, a Motion for Temporary Support and Time-Sharing should be filed instead. The form exclusively addresses alimony and child support, not property, debts, or parental responsibilities. It must be completed in black ink, signed before a notary or deputy clerk, and filed with the circuit court clerk while keeping a copy for personal records.
The petitioner must notify the spouse using personal service, especially if the spouse is in military service, which may require additional steps. The spouse has 20 days to respond. If no response is received, the petitioner may file a Motion for Default and schedule a final hearing, providing notice to the spouse. The case may then proceed through DEFAULT or UNCONTESTED processes.
If a spouse files an answer agreeing with the petition or waives the response, and all mandatory disclosures and required papers are submitted, the petitioner can schedule a final hearing by contacting the relevant court staff and must notify the spouse using a Notice of Hearing (Form 12.923). If the spouse contests the petition by filing an answer or counterpetition, and disputes remain unresolved, the petitioner should file a Notice for Trial (Form 12.924) after completing all mandatory disclosures. Some circuits may require mediation before setting a final hearing. If a counterpetition is filed, the petitioner has 20 days to respond using an Answer to Counterpetition (Form 12.903(d)). For further guidance, self-represented litigants should read the introductory materials provided with the forms, particularly definitions of bolded terms.
If the filing fee poses a financial burden, an Application for Determination of Civil Indigent Status can be obtained from the clerk to potentially defer fees. Accompanying documents required include Notice of Social Security Number (Form 12.902(j)), UCCJEA Affidavit (Form 12.902(d)), Family Law Financial Affidavit (Forms 12.902(b) or (c)), Certificate of Compliance with Mandatory Disclosure (Form 12.932), and if applicable, a Child Support Guidelines Worksheet (Form 12.902(e)).
The court may mandate one parent to pay child support to assist the other in meeting the children's needs. Florida child support guidelines consider both parents' combined income and the time children spend with each parent to determine the payment amount. Both parents must file financial affidavits to facilitate the calculation of child support using the guidelines.
Child support obligations can vary significantly based on multiple factors and state-specific guidelines, meaning they may differ from those of others in similar situations. Alimony may be granted if one spouse demonstrates a need and the other has the financial capacity to provide it; a written request for alimony must be included in the original petition, or the right to request it is waived. For temporary relief regarding child support or alimony, a Motion for Temporary Support must be filed using Florida Supreme Court Approved Family Law Form 12.947(a).
The document also refers to the Final Judgment of Support Unconnected with Dissolution of Marriage, outlined in Family Law Form 12.994(a), which may be used in contested cases. It instructs individuals to confirm with court staff whether a final judgment is needed at the hearing, and if so, to prepare the heading information for the judge to complete.
Nonlawyers assisting with form completion must provide a Disclosure from Nonlawyer (Form 12.900(a)) and include their contact information on each form. The Petition for Support Unconnected with Dissolution of Marriage (Form 12.904(b)) is applicable when no dissolution has been filed and only alimony is requested. If a dissolution petition is filed, a different form for temporary support should be used. This petition solely addresses alimony and does not pertain to property or debts. After completing and notarizing the form, it should be filed with the circuit court, and the spouse (respondent) must be properly notified, preferably through personal service. Additional steps are necessary if the respondent is in military service, as referenced in related forms.
Service of legal documents to a military spouse can be complex, and consultation with an attorney is advised. After service, the spouse has 20 days to respond. The case may proceed in one of three ways:
1. **Default**: If no response is filed within 20 days, a Motion for Default (Form 12.922(a)) can be filed. Upon filing required documents, the petitioner may set a final hearing and must notify the spouse using a Notice of Hearing (Form 12.923).
2. **Uncontested**: If the spouse agrees with the petition or files an answer and waiver, and all required disclosures are made, the petitioner can set a final hearing and must notify the spouse as per the Notice of Hearing.
3. **Contested**: If the spouse files an answer or counterpetition disputing the petition, and no settlement is reached, the petitioner must file a Notice for Trial (Form 12.924) after fulfilling disclosure requirements. Some circuits may mandate mediation prior to a final hearing. If a counterpetition is filed, the petitioner must respond within 20 days using an Answer to Counterpetition (Form 12.903(d)).
For further guidance, it is recommended to review the "General Information for Self-Represented Litigants." If unable to pay filing fees, an Application for Determination of Civil Indigent Status can be obtained from the clerk, alongside the Notice of Social Security Number (Form 12.902(j)), Family Law Financial Affidavit (Forms 12.902(b) or (c)), and Certificate of Compliance with Mandatory Disclosure (Form 12.932), all of which must be filed within 45 days of service.
Alimony may be awarded if there is a demonstrated need and ability to pay. It must be explicitly requested in the original petition; failure to do so before the final hearing results in a waiver of the right to request it later.
Permanent alimony, bridge-the-gap alimony, durational alimony, lump sum alimony, and rehabilitative alimony are available for request. For temporary relief, a Motion for Temporary Support can be filed using Florida Supreme Court Approved Family Law Form 12.947(c). The Final Judgment of Support Unconnected with Dissolution of Marriage (Form 12.994(b)) may be utilized if the case is contested; parties should confirm with court staff if a final judgment is required at the hearing and prepare it accordingly. Nonlawyers assisting in form completion must provide a Disclosure from Nonlawyer (Form 12.900(a)) and include their contact information on all forms.
The Supplemental Petition for Modification of Alimony (Form 12.905(c)) is applicable when seeking to change an existing alimony order due to a substantial change in circumstances. Lump sum and bridge-the-gap alimony are non-modifiable. The completed form must be notarized and filed in the county of the original order, with copies retained by the petitioner. Proper notification of the respondent is essential, typically through personal service, particularly if the respondent is in military service, which may necessitate additional procedures. The respondent has 20 days to answer; failure to respond allows the petitioner to file a Motion for Default (Form 12.922(a)).
To set a final hearing after filing all required documents, contact the clerk, family law intake staff, or judicial assistant. Notify the other party using a Notice of Hearing (Florida Supreme Court Approved Family Law Form 12.923) if the proceeding is uncontested. In uncontested cases, if the respondent agrees with the supplemental petition and all mandatory disclosures are met, a final hearing can be scheduled. If contested, where the respondent files an answer or counterpetition denying aspects of the petition, file a Notice for Trial (Florida Supreme Court Approved Family Law Form 12.924) after complying with mandatory disclosure. Some circuits may require mediation before scheduling a final hearing. If a counterpetition is filed, respond within 20 days using an Answer to Counterpetition (Florida Supreme Court Approved Family Law Form 12.903(d)). For more information, refer to the General Information for Self-Represented Litigants. If unable to pay filing fees, submit an Application for Determination of Civil Indigent Status to the clerk. A Settlement Agreement must be served if an agreement on issues is reached, which can be drafted using sections from the Marital Settlement Agreement forms (Florida Supreme Court Approved Family Law Form 12.902(f)(1) or (f)(2)). Additionally, file a Family Law Financial Affidavit (Form 12.902(b) or (c)) and a Certificate of Compliance with Mandatory Disclosure (Form 12.932) within 45 days of serving the supplemental petition, unless both parties agree to forgo this exchange. A substantial change in circumstances is required to modify alimony, and for temporary relief, file a Motion for Temporary Support, choosing the appropriate form based on the presence of dependent or minor children (Forms 12.947(a) or 12.947(d)).
A Settlement Agreement should be filed if an agreement is reached between the parties on any issues in a Florida family law case. There is no specific form for this; however, it can be constructed using relevant sections from the Marital Settlement Agreement forms approved by the Florida Supreme Court (Form 12.902(f)(1) for cases with children and Form 12.902(f)(2) for cases without). Both parties must sign the agreement in front of a notary public. Any unresolved issues will be considered contested and decided by the judge at the final hearing.
The family law forms also include a Supplemental Final Judgment Modifying Alimony (Form 12.993(c)), which the judge may use. It's advisable to confirm with court personnel whether this form is needed at the hearing and to prepare it with relevant headings while leaving other sections blank for the judge.
A nonlawyer assisting in filling out these forms must provide a Disclosure from Nonlawyer (Form 12.900(a)) and include their contact information on each form they assist with.
For child support adjustments, the Motion to Deviate from Child Support Guidelines (Form 12.943) should be used if seeking to change the child support amount dictated by the guidelines in section 61.30 of the Florida Statutes. The court can adjust the amount by up to 5% without explanation or more with justification. This form must be filled out, filed with the clerk, and served to the other party. Before proceeding, it is recommended to read the General Information for Self-Represented Litigants and review section 61.30 for additional guidance.
Information regarding child support guidelines and income/expense conversion to monthly amounts can be found in the instructions for Florida Family Law Financial Affidavit (Forms 12.902(b) or (c)) and the Child Support Guidelines Worksheet (Form 12.902(e)). Along with these forms, the Florida Family Law Financial Affidavit and the Child Support Guidelines Worksheet must be filed if they haven't been submitted previously. If the income of the other party is unknown, the worksheet should be filed upon receipt of their financial affidavit. A nonlawyer assisting in completing these forms must provide a copy of the Disclosure from Nonlawyer (Form 12.900(a)) and include their contact information at the end of each form they help complete.
The Motion for Temporary Support, Time-Sharing, and Other Relief with Dependent or Minor Child(ren) (Form 12.947(a)) is applicable for the petitioner or respondent in a pending dissolution of marriage or for a petitioner in a support action not connected to dissolution. This form requests the court for temporary use of assets, exclusive use of the marital home, responsibility for debts, spousal support, time-sharing schedules, child support, or other relief. It must be completed in black ink, filed with the circuit court clerk, and a copy served to the other party. After filing, the necessary procedures for scheduling a hearing must be followed, and the other party must be notified with a Notice of Hearing (Form 12.923) or an appropriate notice. Additional information for self-represented litigants and relevant statutes and rules can be found at the beginning of these forms and in Florida Statutes chapter 61, Florida Family Law Rules of Procedure rule 12.285, and Florida Rules of Civil Procedure rule 1.610.
A temporary injunction may require the posting of a bond when using paragraph l.c. of the form. In addition to this form, several documents must be filed if not previously submitted, including the UCCJEA Affidavit for cases involving minors, Notice of Social Security Number, and Child Support Guidelines Worksheet if seeking temporary child support. If the other party’s income is unknown, the worksheet can be filed once their financial affidavit is served. Both parties must serve a financial affidavit and certificate of compliance with the notice of hearing for temporary support and time-sharing.
If an agreement on a temporary Parenting Plan or time-sharing schedule exists, a signed proposed plan must be filed; otherwise, a proposed plan for court consideration can be submitted. The forms also include a Temporary Order for Support, Time-Sharing, and Other Relief, which the judge may utilize during the hearing. It is advised to check with court officials regarding the necessity of bringing this order to the hearing, ensuring the correct heading is completed.
Nonlawyers assisting with form completion must provide a Disclosure from Nonlawyer and include their contact information on each form they assist with. The form is applicable in pending dissolution of marriage actions or for support unrelated to dissolution, requesting temporary use of assets, exclusive use of the marital home, responsibility for debts, spousal support, and other relief.
A petition for temporary spousal support must be preceded by a petition for support unrelated to a dissolution of marriage. The form for requesting temporary alimony must be completed in black ink and filed with the circuit court clerk in the county where the dissolution petition was submitted, with a copy retained for personal records. After filing, the form and all related documents must be delivered to the other party. To schedule a hearing, one should consult with the clerk or family law staff and notify the other party using a Notice of Hearing form.
For further guidance, it is recommended to review “General Information for Self-Represented Litigants” and relevant Florida statutes and rules. If a temporary injunction is requested, a bond may be required. Along with the motion, the Family Law Financial Affidavit must be filed within 45 days if not already submitted, as well as a Notice of Social Security Number and a Certificate of Compliance with Mandatory Disclosure. The judge may also use a provided Order for Temporary Support at the hearing, which may need to be prepared in advance.
If assistance is received from a nonlawyer, they must provide a Disclosure from Nonlawyer and include their contact information on the forms they help complete.
Forms related to the dissolution of marriage and associated proceedings have been amended, including petitions and agreements regarding dependent or minor children, property, and support. Specifically, the amended forms include:
- **Petitions for Dissolution**:
- With dependent or minor children
- With property but no dependent or minor children
- With no dependent or minor children or property
- **Marital Settlement Agreements**:
- For cases involving dependent or minor children
- For cases involving property but no dependent or minor children
- **Answers and Counterpetitions**:
- To petitions with dependent or minor children
- To petitions with property but no dependent or minor children
- **Petitions for Support**:
- Unconnected with dissolution, with or without dependent or minor children
- **Motions**:
- To deviate from child support guidelines
- For temporary support and time-sharing, with or without dependent or minor children
- **Final Judgments**:
- For paternity
- For dissolution of marriage, with or without dependent or minor children or property
- Modifications related to parental responsibility, visitation, child support, and alimony.
All comments regarding these amendments must be filed with the Court by July 23, 2012, in original and nine paper copies, along with electronic copies as mandated by a prior administrative order. A separate request is required for anyone wishing to participate in oral arguments related to the comments.
