Fill out Form 12.901(a), Petition for Simplified Dissolution of Marriage with Instafill.ai
Form 12.901(a), officially known as the Petition for Simplified Dissolution of Marriage, is a legal document used in Florida for couples who agree to end their marriage under simplified procedures. It is designed for couples without minor children, who have agreed on asset and liability division, and who meet residency requirements. This form streamlines the divorce process, making it quicker and less costly for eligible couples.
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Form specifications
| Form name: | Form 12.901(a), Petition for Simplified Dissolution of Marriage |
| Form issued by: | Florida Supreme Court |
| Number of fields: | 45 |
| Number of pages: | 6 |
| Version: | 02/18 |
| Download form: | https://stinstafill.blob.core.windows.net/static/901a.pdf |
| Language: | English |
Form 12.901(a), Petition for Simplified Dissolution of Marriage free printable template
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Follow these steps to fill out your 901-A form online using Instafill.ai:
- 1 Visit instafill.ai site and select Form 12.901(a).
- 2 Enter personal and marriage details.
- 3 Provide residency information.
- 4 Detail asset and liability division.
- 5 Sign and date the form electronically.
- 6 Check for accuracy and submit form.
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Frequently Asked Questions About Form Form 12.901(a)
Form 12.901(a), Petition for Simplified Dissolution of Marriage, is used in Florida to file for a simplified dissolution of marriage. This form is designed for couples who meet specific criteria and wish to dissolve their marriage in a quicker and less complicated manner than a standard divorce.
To be eligible to file a Petition for Simplified Dissolution of Marriage in Florida, both spouses must agree that the marriage is irretrievably broken, have no minor or dependent children together, the wife must not be pregnant, both must agree on the division of assets and liabilities, and neither spouse may be seeking alimony.
At least one of the spouses must have lived in Florida for a minimum of 6 months before filing for a simplified dissolution of marriage.
For a simplified dissolution of marriage in Florida, the couple must not have any minor or dependent children together, and the wife must not be pregnant at the time of filing.
No, alimony is not considered in a simplified dissolution of marriage in Florida. Both spouses must agree that neither will seek alimony as part of the dissolution process.
To prove residency in Florida for the Petition for Simplified Dissolution of Marriage, you may need to provide documents such as a Florida driver's license, a Florida ID card, a voter's registration card, or any other official document that shows your Florida address. At least one spouse must have lived in Florida for at least 6 months before filing the petition.
Filing fees for the Petition for Simplified Dissolution of Marriage can be waived if you can demonstrate financial hardship. You will need to file an Application for Determination of Civil Indigent Status with the court, providing detailed information about your income, assets, and expenses. The court will review your application and determine if you qualify for a fee waiver.
After filing the Petition for Simplified Dissolution of Marriage, both spouses must attend a final hearing before a judge. At the hearing, the judge will review the petition and the marital settlement agreement (if applicable) to ensure all legal requirements are met. If everything is in order, the judge will grant the dissolution of marriage, and a final judgment will be issued.
A Marital Settlement Agreement is a written agreement between spouses that outlines how they will divide their assets and debts, and handle any other issues like alimony. While not always required for a simplified dissolution of marriage, having one can simplify the process. It is highly recommended to ensure all agreements are clearly documented and agreed upon by both parties.
If the criteria for a simplified dissolution of marriage are not met, the couple will need to file for a regular dissolution of marriage. This process is more complex, may require additional documentation, and could involve court hearings to resolve disputes over assets, debts, child custody, or other issues. It is advisable to consult with an attorney if you find yourself in this situation.
A nonlawyer can assist in the completion of the petition by helping to fill out the form based on the information provided by the spouses. However, they cannot provide legal advice, interpret laws, or predict outcomes of the petition. Their role is limited to clerical assistance to ensure the form is completed accurately and submitted properly.
Both spouses appearing at the final hearing is significant because it demonstrates their mutual agreement to the dissolution of marriage. The court requires both parties to be present to confirm that the petition is voluntary and that both understand the terms, including the division of assets and liabilities, and the rights they are waiving.
In a simplified dissolution of marriage, the division of assets and liabilities is agreed upon by both spouses and outlined in the petition. The agreement must be fair and equitable, and both parties must disclose all assets and liabilities. The court will review the agreement to ensure it meets legal standards before approving the dissolution.
Yes, a wife can request to revert to her former name through the petition for simplified dissolution of marriage. The petition includes a section where she can indicate her desire to resume her former name, and the final judgment will legally restore it.
By signing the petition, spouses may be giving up various legal rights, including the right to a trial, the right to appeal the decision, the right to spousal support (alimony), and certain property rights. It's important for both parties to fully understand these implications before proceeding with the petition.
The Affidavit of Corroborating Witness is a document used in the simplified dissolution of marriage process to verify the residency of the parties involved. It is required when one or both parties cannot provide sufficient proof of Florida residency. A corroborating witness, who is a Florida resident and not a party to the marriage, must sign the affidavit to attest to the residency of the party or parties.
The Family Court Cover Sheet is a form that must be filed with the Petition for Simplified Dissolution of Marriage. It provides the court with basic information about the case. The cover sheet can typically be obtained from the clerk of the court's office in the county where the petition is being filed or downloaded from the county's official website.
Failing to complete the simplified dissolution of marriage procedure may result in the court not granting the dissolution. This could lead to the parties remaining legally married, which may affect their rights and obligations. Additionally, if the procedure is not followed correctly, the parties may need to start the process over or pursue a regular dissolution of marriage, which is often more time-consuming and costly.
More information about the simplified dissolution of marriage process can be found on the official website of the Florida Courts, at the local clerk of the court's office, or by consulting with a family law attorney. The Florida Bar Association also provides resources and guides for individuals seeking a simplified dissolution of marriage.
The Disclosure from Nonlawyer form is required when a nonlawyer assists in the preparation of legal documents for a simplified dissolution of marriage. This form discloses the nonlawyer's role and clarifies that they are not providing legal advice. It is intended to ensure that parties are aware of the limitations of the assistance they are receiving and to protect their legal rights.
You can download a printable version of Form 901-A
here.
Compliance Form 12.901(a)
Validation Checks by Instafill.ai
1
Verifies that all eligibility criteria for a simplified dissolution of marriage in Florida are met, including mutual agreement on the dissolution, no minor or dependent children, and agreement on asset and liability division.
Ensures that the petition meets Florida's specific eligibility criteria for a simplified dissolution of marriage. Confirms that both parties mutually agree to the dissolution and have no minor or dependent children. Verifies that there is a clear agreement on the division of assets and liabilities. This check is crucial to determine if the petition qualifies for a simplified process under state law.
2
Confirms that the form is either typed or printed in black ink and all required fields are completed, including full legal names, residence information, and marriage details.
Validates the form's compliance with submission standards, ensuring it is either typed or printed in black ink. Checks that all mandatory fields are filled out accurately, including the full legal names of both parties. Confirms the inclusion of current residence information and detailed marriage specifics. This step is essential for the form's acceptance and processing by the court.
3
Ensures that the agreement on asset and liability division is clearly indicated, specifying whether a marital settlement agreement is attached or if the agreement is not in writing.
Verifies that the petition clearly states the agreement between the parties regarding asset and liability division. Confirms whether a marital settlement agreement is attached or if the agreement is verbal. This check is vital for the court to understand the terms of the dissolution. It ensures transparency and mutual understanding between the divorcing parties.
4
Checks if the wife wishes to revert to her former name and that the full legal name is specified if applicable.
Ensures that the petition includes the wife's request to revert to her former name, if desired. Validates that the full legal name to which she wishes to revert is clearly specified. This step is important for the court to process any name change requests accurately. It facilitates the legal name change process post-dissolution.
5
Validates that both spouses have signed the petition, declaring under penalties of perjury that the information provided is true.
Confirms that the petition is signed by both spouses, indicating their agreement to the dissolution terms. Verifies that the signatures are accompanied by a declaration under penalties of perjury, attesting to the truthfulness of the information provided. This check is critical for the legal validity of the petition. It underscores the seriousness and legal obligations of the parties involved.
6
Confirms the presence of nonlawyer assistance details at the bottom of the form if applicable, including the provision of the Disclosure from Nonlawyer form to the petitioner.
Ensures that any nonlawyer assistance provided is properly documented at the bottom of the form. Verifies that the Disclosure from Nonlawyer form has been provided to the petitioner, confirming compliance with legal requirements. Checks for the accuracy and completeness of the nonlawyer assistance details to avoid any legal discrepancies. Confirms that all necessary signatures and disclosures are present to validate the nonlawyer's involvement.
7
Ensures that proof of Florida residence for at least 6 months is included with the petition.
Verifies that the petitioner has provided valid proof of Florida residence for the required duration. Checks the documentation for authenticity and relevance to establish residency. Ensures that the proof meets the legal standards set by Florida courts for dissolution of marriage cases. Confirms that the residency requirement is fulfilled to proceed with the petition.
8
Verifies that the filing fees are paid or an Application for Determination of Civil Indigent Status is filed if unable to pay.
Checks that the necessary filing fees have been paid to process the petition. Ensures that if the petitioner is unable to pay, an Application for Determination of Civil Indigent Status is properly filed. Verifies the completeness and accuracy of the application to avoid delays. Confirms compliance with court requirements regarding fee payments or indigent status applications.
9
Checks that a Family Court Cover Sheet is completed and included with the petition.
Ensures that the Family Court Cover Sheet is fully completed and attached to the petition. Verifies the accuracy of the information provided on the cover sheet to facilitate court processing. Checks for any missing or incorrect details that might hinder the petition's progress. Confirms that the cover sheet meets all court specifications for a simplified dissolution of marriage.
10
Confirms that both spouses are prepared to attend the final hearing where the judge may grant the dissolution of marriage.
Verifies that both spouses are aware of and prepared to attend the final hearing. Ensures that all necessary arrangements have been made for their presence in court. Checks for any potential conflicts or issues that might prevent attendance. Confirms that the dissolution of marriage can proceed as planned with both parties present.
11
Petition for Simplified Dissolution of Marriage
Ensures that the petitioner has referred to chapter 61, Florida Statutes, and Rule 12.105, Florida Family Law Rules of Procedure, for additional information. Validates that the petitioner is aware of the legal framework governing the dissolution of marriage in Florida. Confirms that the petitioner has accessed the necessary legal documents to proceed with the petition. Verifies that the petitioner understands the importance of adhering to the stipulated legal procedures.
12
General Information for Self-Represented Litigants
Validates that the petitioner has read the 'General Information for Self-Represented Litigants' at the beginning of the forms. Ensures that the petitioner is informed about the basics of representing themselves in court. Confirms that the petitioner acknowledges the challenges and responsibilities of self-representation. Verifies that the petitioner has taken the necessary steps to educate themselves about the legal process.
Common Mistakes in Completing Form 12.901(a)
Failing to meet all eligibility criteria for a simplified dissolution of marriage can lead to the petition being denied. It is crucial to review the specific requirements, such as the duration of marriage, absence of dependent children, and mutual agreement on asset division, before filing. Ensuring compliance with these criteria saves time and resources by avoiding unnecessary delays or the need to refile under a different procedure. Consulting with a legal professional or thoroughly reviewing state statutes can help verify eligibility.
Submitting the petition without typing or printing it in black ink may result in the form being rejected by the court. Black ink ensures clarity and legibility for court records and photocopies. Always use a typewriter or computer to complete the form, or if handwriting is necessary, use black ink pens. This attention to detail facilitates smoother processing and reduces the risk of administrative rejections.
Incomplete forms are a common reason for delays in the dissolution process. Every section of the petition must be filled out accurately, including personal information, grounds for dissolution, and asset division agreements. Overlooking even a single required field can necessitate additional filings or hearings. Double-checking each section before submission can prevent such oversights.
Omitting the wife's former name when requesting a name change as part of the dissolution can complicate the process. The petition must clearly state the name the wife wishes to revert to, ensuring the court's order accurately reflects this change. This detail is essential for updating legal documents and identification. Including this information upfront avoids the need for amendments or additional filings post-dissolution.
The absence of both spouses' signatures invalidates the petition, as it signifies mutual consent to the dissolution. Both parties must sign the form in the presence of a notary or as required by local jurisdiction rules. This step is fundamental to demonstrating agreement to the terms outlined in the petition. Ensuring all signatures are properly executed and witnessed is critical for the petition's acceptance.
A critical oversight in the Petition for Simplified Dissolution of Marriage is not submitting proof of Florida residence. This documentation is essential to establish jurisdiction for the dissolution process. Without it, the petition may be delayed or dismissed. Ensure to include a valid Florida driver's license, voter registration, or other acceptable proof of residency to avoid complications.
Neglecting to pay the required filing fees or failing to submit an indigent status application if unable to pay can halt the dissolution process. Courts require these fees to process petitions. If financial hardship is an issue, promptly file an indigent status application to request a waiver. This step ensures the petition moves forward without unnecessary delays.
Omitting the Family Court Cover Sheet is a common error that can lead to processing delays. This document provides the court with essential case information at a glance. Always complete the cover sheet accurately and attach it to your petition. It's a simple step that significantly aids in the efficient handling of your case.
Both parties must attend the final hearing for the dissolution to be granted. Missing this hearing without prior arrangement can result in the petition being dismissed. Coordinate with your spouse and the court to ensure attendance. This mutual presence is a legal requirement to finalize the dissolution of marriage.
If a nonlawyer assistant helped prepare the petition, failing to disclose their information can be problematic. Courts require this transparency to ensure the integrity of the legal process. Include the assistant's name, address, and relationship to the petitioner if applicable. This disclosure upholds legal standards and avoids potential scrutiny.
Failing to include a marital settlement agreement is a critical oversight that can delay the dissolution process. This agreement outlines the division of assets, debts, and other marital responsibilities, serving as a foundational document for the court. Without it, the court may find the petition incomplete, leading to unnecessary delays or denials. To avoid this, ensure all marital aspects are agreed upon and documented before submission.
Many petitioners overlook the necessity of submitting the Disclosure from Nonlawyer form, which is mandatory when not represented by an attorney. This form ensures the court that the petitioner understands the legal process and the implications of self-representation. Omitting this form can result in the petition being deemed non-compliant with Florida's legal requirements. Always verify the checklist of required documents to ensure all necessary forms are included.
Neglecting to review chapter 61 of the Florida Statutes and Rule 12.105 can lead to misunderstandings of the legal requirements for a simplified dissolution of marriage. These documents provide essential guidelines on eligibility, procedures, and necessary documentation. Lack of familiarity with these resources may result in non-compliance or errors in the petition. It is advisable to thoroughly study these materials or consult a legal professional for clarification.
The 'General Information for Self-Represented Litigants' document offers invaluable guidance for individuals navigating the legal system without an attorney. Overlooking this resource can lead to procedural mistakes or misunderstandings about court expectations. This document is designed to help self-represented litigants understand their rights and responsibilities. Taking the time to read and comprehend this information can significantly smooth the petition process.
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