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Marriage dissolution forms are the official legal documents required to begin and complete the process of ending a marriage or domestic partnership through the court system. Whether you're filing for a simplified divorce, dividing shared property, or addressing child custody and support, each situation calls for a specific form. This category covers petitions used in Florida and California — including Florida's family of Form 12.901 petitions for various divorce circumstances and California's Form FL-100, which opens dissolution, legal separation, and nullity cases for both marriages and domestic partnerships.
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About marriage dissolution forms
These forms are typically needed by spouses or domestic partners who have decided to legally end their relationship, either by mutual agreement or through a contested proceeding. The right form depends on your specific circumstances — whether you have minor children, shared assets and debts, or qualify for a simplified process. A couple with no children and no property, for example, would use a different petition than one navigating custody arrangements or spousal support.
Filling out these forms correctly matters, since errors or missing information can delay your case or require refiling. Tools like Instafill.ai use AI to help complete these forms accurately in under 30 seconds, making it easier to get the paperwork right before submitting to the court.
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How to Choose the Right Form
Start by identifying which state your divorce is filed in — that alone narrows your choices significantly.
Filing in California?
- Form FL-100 (Petition—Marriage/Domestic Partnership) is the form you need. It covers divorce, legal separation, and nullity for both marriages and domestic partnerships. Use it whether or not you have children, and regardless of how complex your assets are.
Filing in Florida?
Florida has four petition options depending on your situation:
Simplest cases — no children, no property disputes, full agreement:
- Form 12.901(a), Petition for Simplified Dissolution of Marriage is the fastest route. Both spouses must agree on everything and neither can seek alimony. Ideal for short marriages with minimal assets.
No children, no property, no alimony:
- Form 12.901(b)(3) (also listed as the Florida Supreme Court Approved version dated 02/18) is for couples with nothing to divide and no support requests. The two listings are versions of the same form — the 02/18 version is the most current court-approved edition.
No children, but you have shared assets or debts:
- Form 12.901(b)(2), Petition for Dissolution of Marriage with Property but No Dependent or Minor Child(ren) handles situations where property division or spousal support is on the table, but kids are not.
Couples with minor or dependent children (or a pregnant spouse):
- Form 12.901(b)(1), Petition for Dissolution of Marriage with Dependent or Minor Child(ren) is required. This form addresses child support, custody, and parenting arrangements alongside asset division.
Quick Decision Summary
| Situation | Use This Form |
|---|---|
| California divorce or separation | FL-100 |
| Florida, full agreement, no kids/property | 12.901(a) |
| Florida, no kids, no assets/alimony | 12.901(b)(3) |
| Florida, no kids, has property/debts | 12.901(b)(2) |
| Florida, has minor/dependent children | 12.901(b)(1) |
Form Comparison
| Form | Purpose | Children Involved | Key Conditions |
|---|---|---|---|
| Form 12.901(b)(2), Petition for Dissolution of Marriage | Dissolve Florida marriage with shared property | No minor or dependent children | Marital assets or debts exist; no children |
| Form 12.901(b)(1), Petition for Dissolution of Marriage | Dissolve Florida marriage involving children | Minor or dependent children present | Addresses child support, custody, and alimony |
| Form 12.901(a), Petition for Simplified Dissolution of Marriage | Streamlined Florida divorce for eligible couples | No minor children | Both spouses agree on all terms; meets residency rules |
| Form 12.901(b)(3), Petition for Dissolution of Marriage | Dissolve Florida marriage with no assets or children | No minor or dependent children | No marital property, debts, or alimony requested |
| 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) | Official Florida petition for no-asset, no-child divorce | No minor or dependent children; no pregnancy | No marital assets, debts, or spousal support sought |
| Form FL-100, Petition—Marriage/Domestic Partnership (Family Law) | Open California divorce, separation, or nullity case | May include minor children; triggers UCCJEA form | Covers marriage or domestic partnership; California residency required |
Tips for marriage dissolution forms
Florida and California each have multiple dissolution forms, and selecting the wrong one can delay your case or require refiling. Key factors that determine which form to use include whether you have minor or dependent children, shared property or debts, and whether both spouses agree on all terms. Review the eligibility criteria carefully before you begin filling anything out.
Both Florida and California have minimum residency requirements that must be met before you can file for dissolution in that state. In Florida, for example, at least one spouse must have lived in the state for at least six months prior to filing. Filing before you meet these requirements can result in your case being dismissed.
Most dissolution petitions must be signed under oath in front of a notary public or a deputy clerk of the court — a signature alone is not sufficient. Submitting a form without proper notarization is a common mistake that causes unnecessary delays. Plan ahead and locate a notary before your filing deadline.
Some forms automatically trigger additional required documents — for instance, California's FL-100 requires the UCCJEA attachment (FL-105) when minor children are involved. Missing attachments can result in an incomplete filing that the court will reject or return. Read the instructions for each form thoroughly to identify every document you need to include.
If you're dealing with several dissolution forms at once, AI-powered tools like Instafill.ai can complete them in under 30 seconds with high accuracy, saving hours of manual effort. Your data stays secure throughout the process, so you don't have to worry about sensitive personal or financial information being exposed. This is especially useful when you need to prepare multiple related forms at the same time.
Filing your petition is only the first step — the other spouse must be formally served with the paperwork according to court rules for the case to move forward. Improper or skipped service is one of the most common reasons dissolution cases stall. Check your county court's specific service requirements, as rules can vary.
Always retain a complete copy of every form you submit, including any stamped or date-marked versions returned by the clerk's office. These records are essential if disputes arise later or if you need to reference filed information during proceedings. Organize your copies chronologically in a dedicated folder, either physical or digital.
Simplified dissolution procedures (like Florida's Form 12.901(a)) are only available to couples who meet strict eligibility criteria, including full agreement on all issues and no minor children. Attempting to use a simplified form when you don't qualify can invalidate your filing and extend the process significantly. If there is any disagreement between spouses on property, support, or other terms, plan to use the appropriate standard petition instead.
Frequently Asked Questions
Marriage dissolution forms are official legal documents used to formally end a marriage or domestic partnership through the court system. You need them when you or your spouse decides to file for divorce, legal separation, or nullity of marriage. The specific form you need depends on your state, whether you have children, and whether you have shared assets or debts.
The correct form depends on several factors: your state (Florida or California), whether you have minor or dependent children, whether you share marital property or debts, and whether both spouses agree on all terms. For example, Florida residents with no children and no property may use the simplified Form 12.901(a) or 12.901(b)(3), while those with children should use Form 12.901(b)(1). California residents use Form FL-100 regardless of whether children or property are involved.
A simplified dissolution is a streamlined process available to couples who meet specific eligibility criteria — typically no minor children, full agreement on asset and debt division, and no request for alimony. A regular dissolution is used when there are children, disputed property, or requests for spousal support, and it typically involves more court oversight and paperwork. Simplified procedures are generally faster and less costly for eligible couples.
No — Florida dissolution forms like Forms 12.901(a), 12.901(b)(1), 12.901(b)(2), and 12.901(b)(3) are specific to Florida courts and require that at least one spouse has lived in Florida for at least six months before filing. If you live in another state, you must use that state's official forms. California residents, for instance, would use Form FL-100 to initiate a dissolution case.
Yes, California's Form FL-100 is used to open cases for dissolution, legal separation, or nullity involving both marriages and registered domestic partnerships. The form allows the petitioner to specify the type of relationship and the type of action being requested. It covers a wide range of issues including custody, support, and property division.
Completed dissolution forms must be filed with the clerk of the circuit or superior court in the appropriate county — generally the county where you or your spouse lives. In Florida, forms are filed with the clerk of the circuit court, while in California they are filed with the superior court. After filing, the other spouse must be formally served with copies of the documents.
You are not legally required to hire an attorney to file dissolution forms, and many people complete the process on their own, especially in uncontested or simplified cases. However, if your situation involves complex assets, disputes over child custody, or other contested issues, consulting a family law attorney is strongly recommended. Courts cannot provide legal advice, so understanding your rights beforehand is important.
You will generally need basic personal information for both spouses (full legal names, addresses, dates of birth), your marriage date and location, residency information, details about any children, and an overview of marital assets, debts, and income. For forms involving property or support, having financial records on hand will help ensure accuracy. Requirements vary by form, so review the instructions for your specific form before starting.
Yes — AI-powered tools like Instafill.ai can fill out marriage dissolution forms in under 30 seconds by accurately extracting and placing your information from source documents. This reduces the risk of errors and saves significant time compared to filling forms out manually. Instafill.ai can also convert non-fillable PDF versions of these forms into interactive fillable forms.
Manually completing a dissolution form can take anywhere from 30 minutes to several hours depending on the complexity of your situation and how familiar you are with legal terminology. Using AI tools like Instafill.ai, the data entry portion can be completed in under 30 seconds by automatically extracting and populating your information. Keep in mind that the overall divorce process — including court review and waiting periods — takes additional time beyond just completing the forms.
Some dissolution forms require that your signature be notarized or witnessed by a deputy court clerk before filing. For example, Florida's Form 12.901(b)(3) must be signed under oath before a notary or deputy clerk. Always check the signature and verification requirements for your specific form before submitting it to the court.
After filing, you are required to formally serve the other spouse with copies of the filed documents according to your state's legal service requirements. The case then proceeds based on whether it is uncontested, simplified, or contested — which determines how quickly a final judgment can be issued. Courts may schedule hearings, require additional financial disclosures, or approve a settlement agreement before finalizing the dissolution.
Glossary
- Dissolution of Marriage
- The legal term used in court forms for divorce — the formal ending of a marriage by court order. Some states, including Florida and California, use this term instead of 'divorce' in official documents.
- Petitioner
- The spouse who initiates the divorce by filing the petition with the court. The other spouse is called the 'Respondent.'
- Respondent
- The spouse who receives (is served) the divorce petition filed by the Petitioner. The Respondent has the opportunity to file a response agreeing or disagreeing with the Petitioner's requests.
- Irretrievably Broken
- The legal standard required in Florida (and similar to 'irreconcilable differences' in California) to obtain a no-fault divorce, meaning the marriage cannot be saved regardless of either spouse's wishes. No proof of wrongdoing is needed.
- Simplified Dissolution
- A streamlined divorce process available to couples who meet specific eligibility requirements, such as having no minor children, agreeing on property division, and waiving the right to alimony. It is faster and less expensive than a standard dissolution.
- Marital Assets and Liabilities
- Property (such as a home, car, or bank accounts) and debts (such as mortgages or credit cards) acquired during the marriage that must be divided between spouses as part of the divorce process.
- Alimony / Spousal Support
- Court-ordered financial payments from one spouse to the other after divorce to help the lower-earning spouse maintain a reasonable standard of living. Called 'alimony' in Florida and 'spousal support' or 'partner support' in California.
- UCCJEA
- Uniform Child Custody Jurisdiction and Enforcement Act — a law that determines which state has authority to make child custody decisions. In California, Form FL-105 (the UCCJEA declaration) must be attached to the FL-100 petition whenever minor children are involved.
- Domestic Partnership
- A legally recognized relationship between two people who live together and share a domestic life but are not married. In California, domestic partnerships can be dissolved using the same court forms as marriages, such as Form FL-100.
- Service of Process
- The formal legal procedure of delivering divorce papers to the Respondent so they are officially notified of the case. Proper service is required before a divorce case can move forward in court.