Fill out Form 12.901(b)(1), Petition for Dissolution of Marriage with Instafill.ai
Form 12.901(b)(1), Petition for Dissolution of Marriage with Dependent or Minor Child(ren), is a legal document used in Florida to initiate the process of ending a marriage when the couple has children together or if a spouse is pregnant. It outlines the petitioner's requests regarding child support, alimony, and the division of assets and liabilities. Filling out this form correctly is crucial for ensuring that the court has all necessary information to make fair decisions regarding the family's future.
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Form specifications
| Form name: | Form 12.901(b)(1), Petition for Dissolution of Marriage |
| Form issued by: | Florida Supreme Court |
| Number of fields: | 146 |
| Number of pages: | 12 |
| Version: | 02/18 |
| Download form: | https://stinstafill.blob.core.windows.net/static/901b1.pdf |
| Language: | English |
Form 12.901(b)(1), Petition for Dissolution of Marriage free printable template
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How to Fill Out Form 12.901(b)(1) Online for Free in 2024
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Follow these steps to fill out your 901-B1 form online using Instafill.ai:
- 1 Visit instafill.ai site and select Form 12.901(b)(1).
- 2 Enter jurisdiction and residence details.
- 3 Provide marriage history and child information.
- 4 Detail marital assets and liabilities.
- 5 Specify requests for spousal support.
- 6 Outline parenting plan and time-sharing.
- 7 Sign and date the form electronically.
- 8 Check for accuracy and submit form.
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Frequently Asked Questions About Form Form 12.901(b)(1)
Form 12.901(b)(1) should be used when filing for dissolution of marriage (divorce) in Florida and the couple has dependent or minor children. This form is specifically designed to address issues related to child custody, support, and visitation as part of the divorce process.
To file for dissolution of marriage in Florida, at least one of the spouses must have lived in Florida for at least six months before filing the petition. This residency requirement is mandatory for the Florida court to have jurisdiction over the divorce case.
The Petition for Dissolution of Marriage form can be filed either electronically through the Florida Courts E-Filing Portal or in person at the clerk of court's office in the county where you are filing for divorce. It's important to check with the local court for any specific filing requirements or fees.
E-filing is important in family law cases in Florida because it provides a convenient, efficient, and secure way to file documents with the court. It allows for faster processing of documents, reduces paperwork, and ensures that filings are time-stamped and recorded immediately, which is crucial for meeting legal deadlines.
A spouse can be notified of the petition for dissolution of marriage through formal service of process. This typically involves having the petition and a summons served by a sheriff, a private process server, or through certified mail with return receipt requested. In some cases, if the other spouse agrees to the divorce, they may waive formal service by signing an acceptance of service form.
If the spouse does not respond to the petition for dissolution of marriage, the petitioner may proceed by filing a Motion for Default. This motion requests the court to grant the dissolution based on the petitioner's original filing, as the non-responsive spouse is considered to be in default. The court may then issue a final judgment of dissolution of marriage without the other spouse's input, provided the petitioner has met all legal requirements.
Along with the Petition for Dissolution of Marriage, the following documents must typically be filed: a Family Law Financial Affidavit, a Certificate of Compliance with Mandatory Disclosure (if applicable), a Notice of Social Security Number, and any other documents required by local court rules. These documents help the court understand the financial situation of both parties and ensure compliance with Florida's family law procedures.
In Florida, child support is determined based on the Florida Child Support Guidelines, which consider both parents' incomes, the number of children, the time-sharing arrangement, and certain child-related expenses such as health insurance and daycare. The court uses a standardized formula to calculate the support amount to ensure fairness and consistency in child support orders.
To request alimony in a dissolution of marriage in Florida, the requesting spouse must file a petition or counter-petition that includes the alimony request. The court will consider factors such as the length of the marriage, the standard of living during the marriage, each spouse's financial resources and earning capacities, and the contributions of each spouse to the marriage. The type and amount of alimony awarded depend on these considerations.
In Florida, marital assets and liabilities are divided under the principle of equitable distribution. This means the court divides the property and debts in a manner that is fair, though not necessarily equal, based on factors such as each spouse's economic circumstances, the duration of the marriage, and each spouse's contributions to the marriage. Non-marital assets, or those acquired before the marriage or through inheritance or gift, are typically not subject to division.
A Parenting Plan is a document that outlines how parents will share and handle responsibilities related to their child(ren) after a dissolution of marriage. It covers aspects such as time-sharing, decision-making responsibilities, and other issues pertinent to the child's welfare. It is required in cases involving minor or dependent child(ren) to ensure their best interests are prioritized during and after the dissolution process.
The requirements for completing a parenting course vary by jurisdiction but generally include attending a court-approved program that educates parents on the effects of divorce on children, co-parenting strategies, and conflict resolution. Completion certificates must often be filed with the court, and both parents may be required to attend separate sessions. Check with your local court for specific requirements.
Temporary relief, such as child support, alimony, or temporary custody arrangements, can be requested by filing a motion for temporary relief with the court. This motion should detail the type of relief sought and the reasons for the request. A hearing may be scheduled where both parties can present their arguments before the court makes a decision.
A nonlawyer can assist in the completion of family law forms by providing clerical or typing services, helping to fill out forms based on information provided by the individual. However, they cannot provide legal advice, represent someone in court, or interpret how the law applies to a specific situation. It's important to ensure that any assistance received does not constitute the unauthorized practice of law.
To restore a former name during the dissolution process, the requesting party must include the desired name change in the Petition for Dissolution of Marriage. The request should specify the former name to be restored. If the dissolution is granted, the court's final judgment will include the name change, allowing the individual to legally revert to their former name without a separate name change procedure.
Making a false statement in the Petition for Dissolution of Marriage can lead to serious legal consequences, including perjury charges, fines, and potentially affecting the outcome of the dissolution proceedings. It is crucial to provide accurate and truthful information to the court.
Indigent status may allow a petitioner to have filing fees waived or reduced in a dissolution of marriage case. To qualify, the petitioner must demonstrate financial inability to pay the fees, typically through an affidavit of indigency or similar documentation as required by the court.
The UCCJEA Affidavit is significant in dissolution of marriage cases involving children as it helps the court determine jurisdiction over child custody matters. It ensures that custody decisions are made in the child's home state and prevents conflicting orders from different states.
The court determines the best interests of the child(ren) by considering factors such as the child's age, health, emotional ties with each parent, each parent's ability to provide for the child's needs, the child's adjustment to home, school, and community, and any history of family violence or substance abuse.
In the dissolution process, options for medical/dental insurance and uninsured expenses for the child(ren) include requiring one or both parents to maintain health insurance coverage for the child(ren) and specifying how uninsured medical, dental, and other health-related expenses will be shared between the parents, typically proportionate to their incomes.
You can download a printable version of Form 901-B1
here.
Compliance Form 12.901(b)(1)
Validation Checks by Instafill.ai
1
Verifies that at least one spouse has lived in Florida for at least 6 months before filing the petition.
Ensures that the residency requirement is met by confirming at least one spouse has been a Florida resident for the minimum period. Validates the duration of residency to comply with state laws. Checks for any discrepancies in the residency information provided. Confirms the accuracy of the residency details to prevent legal complications.
2
Confirms that the form is typed or printed in black ink and signed before a notary public or deputy clerk.
Verifies that the form adheres to the required format and ink color for legibility and official acceptance. Ensures the signature is authenticated by a notary public or deputy clerk to validate the document's authenticity. Checks for the presence of the notary seal or clerk's stamp as proof of verification. Confirms that all signatures are properly executed to meet legal standards.
3
Ensures that the original form is filed with the clerk of the circuit court in the appropriate county and a copy is kept for records.
Validates that the original document is submitted to the correct court jurisdiction for processing. Confirms the retention of a copy for the petitioner's records to ensure personal documentation. Checks that the filing location matches the county of residence or legal requirement. Ensures compliance with court procedures for document submission and record-keeping.
4
Validates that the petitioner has properly notified the spouse of the petition, using personal service if the spouse's location is known.
Ensures that the spouse is adequately informed of the dissolution proceedings as required by law. Verifies the method of notification, prioritizing personal service when the spouse's whereabouts are known. Checks for proof of service or acknowledgment of receipt to confirm compliance. Confirms that all notification efforts adhere to legal standards to prevent disputes.
5
Checks for the filing of additional required forms, such as the Uniform Child Custody Jurisdiction and Enforcement Act (UCCJEA) Affidavit and Child Support Guidelines Worksheet.
Ensures that all supplementary documents related to child custody and support are included with the petition. Verifies the completeness and accuracy of the UCCJEA Affidavit to establish jurisdiction. Checks the Child Support Guidelines Worksheet for correct calculations and compliance with state guidelines. Confirms that all necessary forms are filed to facilitate a smooth legal process.
6
Confirms that a Parenting Plan is either agreed upon by both spouses and filed or will be established by the court.
Ensures that a Parenting Plan is in place, either through mutual agreement of both spouses and duly filed, or to be established by the court. This check confirms the presence of a structured plan for child custody and visitation, reflecting the best interests of the child. It verifies that the plan addresses all necessary aspects of parenting responsibilities and time-sharing. The absence of such a plan prompts the system to flag the petition for further action or clarification.
7
Ensures that child support is addressed, with amounts determined based on both parents' combined income and other factors.
Verifies that the petition includes a detailed calculation of child support, taking into account the combined income of both parents and other relevant factors. This check ensures that the child's financial needs are adequately met, in compliance with state guidelines. It confirms that the proposed child support amount is fair and equitable, based on the parents' financial circumstances. The system alerts if the child support section is incomplete or if the calculations appear inconsistent with the provided financial information.
8
Verifies that any request for alimony is made in writing within the original petition.
Confirms that any claims for alimony are explicitly stated in writing within the original petition for dissolution of marriage. This check ensures that all requests for spousal support are formally documented, allowing for proper consideration by the court. It verifies that the petition clearly outlines the basis for the alimony request, including duration and amount. The system flags petitions that mention alimony informally or outside the designated sections, prompting for correction or clarification.
9
Confirms that marital assets and liabilities are listed for equitable distribution, with nonmarital assets and liabilities identified.
Ensures that the petition includes a comprehensive list of all marital assets and liabilities, earmarked for equitable distribution between the spouses. This check verifies that nonmarital assets and liabilities are clearly identified and separated from the marital estate. It confirms that the division of assets and debts is proposed in a manner that is fair and just, considering the circumstances of the marriage. The system alerts if the asset and liability section is incomplete or if there are discrepancies in the classification of assets and liabilities.
10
Checks if the petitioner is a victim of certain crimes and has filed a Request for Confidential Filing of Address to keep their address confidential.
Verifies whether the petitioner has identified themselves as a victim of certain crimes and has accordingly filed a Request for Confidential Filing of Address. This check ensures that the petitioner's address is kept confidential for safety reasons, in compliance with legal protections for victims. It confirms that the necessary documentation is attached to the petition to support the request for confidentiality. The system flags any discrepancies or missing information that may compromise the petitioner's privacy or safety.
11
Validates that if a nonlawyer assisted in completing the forms, the Disclosure from Nonlawyer is provided and includes the nonlawyer's name, address, and telephone number on the last page of every form they helped complete.
Ensures that the involvement of a nonlawyer in the form completion process is properly documented. Confirms that the nonlawyer's full name, address, and telephone number are clearly stated. Verifies that this disclosure is present on the last page of each form the nonlawyer assisted with. Maintains transparency and accountability in the legal process by requiring this information.
12
Ensures that in case of an uncontested dissolution, the final hearing is set after complying with mandatory disclosure.
Confirms that all mandatory disclosure requirements have been met before scheduling the final hearing in an uncontested dissolution. Verifies that the parties have exchanged all necessary financial and other relevant information. Ensures compliance with legal standards to facilitate a fair and informed dissolution process. Prevents premature scheduling that could compromise the integrity of the proceedings.
13
Confirms that in a contested dissolution, a Notice for Trial is filed after complying with mandatory disclosure.
Verifies that mandatory disclosure has been fully complied with before filing a Notice for Trial in a contested dissolution. Ensures that all parties have access to necessary information to prepare their cases. Confirms adherence to procedural requirements that safeguard the rights of both parties. Facilitates a structured and fair trial process by enforcing these prerequisites.
14
Verifies that the petitioner is aware of the option for electronic filing, though it is not mandatory for self-represented litigants.
Ensures that the petitioner is informed about the availability of electronic filing options. Confirms awareness that self-represented litigants are not required to use electronic filing. Verifies that the petitioner understands the potential benefits and limitations of electronic filing. Promotes informed decision-making regarding the submission of legal documents.
15
Checks that the petitioner understands the limitations of constructive service if the spouse's location is unknown.
Ensures the petitioner is aware of the challenges and limitations associated with constructive service. Confirms understanding that constructive service may not guarantee actual notice to the spouse. Verifies awareness of potential delays and additional legal steps required. Aims to set realistic expectations regarding the service process in cases where the spouse's location is unknown.
Common Mistakes in Completing Form 12.901(b)(1)
Florida law requires at least one of the spouses to have lived in the state for a minimum of six months prior to filing for dissolution of marriage. Failing to meet this residency requirement can result in the dismissal of the petition. It is crucial to verify and document the residency status before submitting the petition to avoid unnecessary delays. Ensuring compliance with this requirement from the outset can save time and legal expenses.
Proper legal notification of the petition to the spouse is a critical step in the dissolution process. Failure to serve the petition correctly can lead to delays or even dismissal of the case. It is advisable to use certified mail or a process server to ensure proof of service. Understanding the legal requirements for service in Florida can prevent complications and ensure the process moves forward smoothly.
The UCCJEA Affidavit is a necessary document in cases involving minor children, as it addresses jurisdiction over child custody matters. Omitting this form can stall the proceedings or result in the court's refusal to hear the case. It is essential to review all required forms for your specific situation before filing. Consulting with a legal professional can help identify all necessary documents to avoid oversight.
A Parenting Plan is mandatory in Florida for divorces involving minor children, detailing custody and visitation arrangements. Not submitting a Parenting Plan or failing to agree on one can significantly delay the dissolution process. Both parties should strive to reach an agreement or be prepared for the court to impose a plan. Early negotiation and mediation can facilitate this process and prevent prolonged disputes.
Alimony must be requested in the original petition for dissolution of marriage to be considered by the court. Failing to include this request initially may forfeit the right to seek alimony later. It is important to clearly state all desired outcomes, including alimony, in the initial filing. Seeking legal advice can ensure that all necessary requests are properly included from the start.
Incorrect distribution of marital assets and liabilities can lead to disputes and legal complications. It is crucial to accurately list and divide all assets and debts as per state laws. Consulting with a legal professional or mediator can ensure fair and lawful distribution. Always double-check the details before submission to avoid future conflicts.
Failing to have the form signed before a notary public or deputy clerk can render the petition invalid. This step is essential to verify the identities of the parties involved. Ensure that all required signatures are obtained in the presence of an authorized official. Skipping this step may delay the dissolution process.
Not filing the original petition with the clerk of the circuit court can halt the legal process. The original document is necessary for the court to proceed with the case. Always verify the filing requirements and deadlines with the local court. Keeping proof of filing is also advisable for personal records.
Neglecting to keep a copy of the petition can cause issues if disputes or questions arise later. Personal copies serve as a reference and proof of the submitted information. Always make and store duplicates in a secure location. This practice helps in maintaining transparency and preparedness.
Employing constructive service without full comprehension of its limitations can jeopardize the case. Constructive service is used when the other party cannot be located, but it has specific legal requirements. Misuse can lead to delays or dismissal of the petition. Seek legal advice to ensure proper application of this service method.
Failing to file a Motion for Default when the spouse does not respond within the 20-day period can delay the dissolution process. It is crucial to act promptly to keep the case moving forward. Ensure you are aware of the deadlines and requirements in your jurisdiction. Consulting with a legal professional can help you navigate this step correctly.
Mandatory disclosure is required even in uncontested dissolution cases to ensure transparency and fairness. Omitting this step can result in penalties or delays. Both parties must exchange financial information and other relevant documents as required by law. Always verify the specific disclosure requirements in your jurisdiction to avoid complications.
In contested dissolution cases, failing to file a Notice for Trial can stall the proceedings indefinitely. This document is essential to schedule the case for a court hearing. It is important to adhere to the procedural timelines to avoid unnecessary delays. Seek legal advice to ensure all necessary steps are followed accurately.
In cases where confidentiality is required, entering an address on public documents can compromise safety and privacy. Always check if your situation qualifies for confidential filing to protect sensitive information. The court may provide alternative methods for submitting necessary details without public disclosure. Understanding the confidentiality options available is key to safeguarding personal information.
Failing to disclose nonlawyer assistance can lead to ethical and legal issues, as some jurisdictions require transparency about who is helping with the case. Nonlawyer assistance must be acknowledged to ensure compliance with court rules. This includes any help from paralegals, document preparers, or other non-attorney professionals. Always review the rules regarding nonlawyer assistance in your jurisdiction to maintain compliance.
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