Florida Divorce Form 12.901(a)
Simplified Uncontested Divorce Form Explained
Learn how to fill out Form 12.901a, Petition for Simplified Dissolution of Marriage with our do-it-yourself step by step instructions and helpful explanations.
Florida's Simplified Divorce Procedure starts with this petition... Florida Family Law Rules of Procedure Form 12.901(a).
Relying on years of experience helping Pro Se filers fill out these forms, we make these instructions simple to follow and easy to use.
Most people filing for a Simplified Divorce will be able to fill out all their forms by using this page as their guide.
So your first instruction is to... bookmark this page!
Ready to begin?
Great, just download the form and open it in a new tab or window. You may also like our new PDF fillable forms packet. See the advert on the left column.
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Petiton for Simplified Divorce Form 12.901(a)Depicted is our Premium Form
Petition For Simplified Divorce
Form 12.901(a) Filing Requirements
You'll notice the first page of the simplified divorce form's instructions lists a number of requirements that must be met before you can file Form 12.901a.
Simplified Divorce Requirements
- Residency - At least one of you must have lived in Florida for the past 6 months,
- Agreement that the marriage cannot be saved (irretrievably broken),
- There are no dependent or minor children and the wife is not pregnant,
- You have both agreed on how to split your assets and debts and are satisfied with this agreement,
- You have both agreed to go to the Clerk of Court to sign and file your documents, and
- You will both attend the Final Hearing and are willing to give up the right to trial and appeal.
All of these requirements must be satisfied to file the Simplified Dissolution of Marriage Form 12.901(a).
If any of these requirements do not fit your situation, you must use one of the other divorce petitions and procedures.
The only advantage we've noticed with the simplified divorce for those who qualify, is a chance of a quicker Final Hearing. That's it.
If you need to ask yourself if your situation fits these requirements, our experience is that you may be better off filing one of the regular petitions for divorce instead.
Don't Qualify For The Simplified Divorce?
If you don't meet the requirements for a Simplified Divorce, you can still file using one of the three regular divorce petitions.
• If there are dependent or minor children, you will need to file...
Form 12.901b1 - Divorce With Children
• If there are no children, you have two options...
I meet the filing requirements, now what?
The easiest way to get your forms filled out correctly and efficiently is to start with the petition first.
We recommend having copies of the supporting forms you will need to file with your petition handy.
See the box at the bottom of this page for the list of these forms. You can download all of the supporting forms from there.
This form was never updated by the courts to be computer fillable. So write legibly in all caps with black ink.
You can purchase our enhaced PDF fillable form 12.901a if you like the
convenience of filling out this form on your computer. See the box below.
Instructions For The Simplified Divorce Form
Form 12.901a Petition Heading
Fill out the top portion of the form, known as the style, caption, or heading.
Petition For Simplified Divorce Style (Heading)The heading should be the same for all the supporting forms as well.
The county is the county where you file with the Clerk of the Court. Usually this is the county where at least one of you currently live.
The circuit is the judicial circuit of the county you are filing your paperwork. To find out which judicial circuit your county is in, you can check here.
The case number and division should be left blank for the clerk to assign. Once the divorce papers are filed and the case number is assigned, all the supporting forms should have the case number and division filled out the same way.
Your names
are your full legal names. Usually this means your name as it appears
in your state or federally issued ID (ie. your driver's license,
passport, marriage certificate, etc.)
Form 12.901a Petition Paragraphs
Most of the paragraphs (symbolized
here with ¶) are self explanatory. However, some parts of these forms
can be confusing. Where appropriate, we try to clear this up.
Petition For Simplified Divorce Paragraphs 1 to 5¶ 1. This is the pleading. You are asking the court to end your marriage.
¶ 2. The name in brackets {name} is the name of the county where you live. The description here should read {county} instead of {name}!
¶ 3. Facts of the marriage. Self explanatory, except that the blank fields in the free form on the State's website are way too short. Our Premium form fixes this.
¶ 4. This is the Grounds for Divorce requirement. You are stating that the marriage cannot be saved (irretrievably broken).
¶ 5. You are stating that there are no minor children of the marriage and the wife is not currently pregnant. This is another requirement for the simplified dissolution.
Petition For Simplified Divorce Paragraph 6¶ 6. The Marital Settlement Agreement (MSA). This form is not necessary if you and your spouse agree, but we recommend that a settlement agreement be attached.
You can download the MSA for the simplified
divorce in the supporting forms box at the bottom of this page.
Petition For Simplified Divorce Paragraphs 7 to 11¶ 7. If the wife wants her legal name to be changed back to her maiden or previous name, check the yes box and fill out the full legal name portion.
¶ 8-11. Statements affirming petition requirements.
Form 12.901a Signature and Service Section
Petition For Simplified Divorce Signature SectionThis section is self explanatory.
Fill out both of your names, addresses, and contact information but DO NOT sign until you are in the clerks office filing your paperwork or witnessed by a Notary Public.
The deputy clerk or a Florida notary will witness your signatures for a fee.
TIP:
You can save a few dollars by having your documents notarized by your
local bank. Many banks offer free or minimal cost notary services for
their account holders.
Process of Service is not necessary for the Simplified Dissolution of Marriage.
Filing Procedure - Divorce Form 12.901a
Complete Your Supporting Forms
After completing Form 12.901a, you will need to fill out the supporting forms as well. At the very least you will need to have the Civil Cover Sheet completed.
You should also fill out your Marital Settlement Agreement and the Financial Disclosure forms (one for each of you). Always make copies for your records.
NOTE:
Do Not sign the forms until you are at the clerk of the court filing
your papers or having them notarized. Your signatures must be witnessed
by the deputy clerk or a Notary Public.
What to do after you filled out your forms
- Bring all of your completed forms to the clerk of the circuit court in the county where you live. For a listing of the circuit courts, their locations, and contact info click here.
- You must also bring valid ID with proof of residency for the past 6 months. If your ID is less than 6 months old, you may need to bring some other proof of residency. If you cannot satisfy the 6 month residency requirement, you will need to bring an Affidavit of Corroborating Witness signed and notarized. Download this form for more information.
- You will need to pay the filing fee to the clerk of the court when you file your paperwork. In most circuits the Filing Fee is $409. The fees vary slightly from circuit to circuit and even by county. Call the clerks office in your county to find out the current fee.
- If you think you may qualify for a fee waiver, you will need to fill out and file the Application for Civil Indigent. Some circuits have payment plans. The clerk will determine your eligibility.
- After all your papers have been filed, the filing fees paid, and your spouse has also signed at the clerk's office, you will need to contact the clerk again to schedule a date for the Final Hearing.
- Bring a completed Final Judgment of Simplified Divorce form (see box below) and two copies with you to the final hearing. The judge will then sign the Final Judgment at this hearing and your divorce will be official.
Download List of Supporting Forms
Download your Simplified Divorce Forms here...
For more information about Florida's simplified divorce, see chapter 61, Florida Statutes, and Rule 12.105, and Florida Family Law Rules of Procedure.
For your convenience, the following is a download list of the divorce forms most commonly used for a Florida Simplified Divorce (Form 12.901a and supporting forms):
Florida Simplified Divorce Forms Downloads
• Petition for Simplified Dissolution of Marriage
• Family Law Financial Affidavit (Incomes under $50K)
• Family Law Financial Affidavit (Incomes over $50K)
• Notice of Social Security Number
• Marital Settlement Agreement
• Affidavit of Corroborating Witness
• Cover Sheet for Family Court Cases
• Application for Determination of Civil Indigent Status
• General Information for Self-Represented Litigants
• Final Judgment of Simplified Dissolution of Marriage
NOTE: Many of these forms are not PDF fillable. You will need to
print them out and write in the blanks with a black pen. Instead, you
can purchase these forms in PDF fillable format individually. Fill them
out on your computer and then print. See our Premium PDF forms on our Family Law Forms page.
Premium PDF Forms
Fillable PDF Forms and Form Packets
Our premium forms are the same court approved forms with fillable fields so you can complete them on your computer and then print and save. They are also e-file compatible.
Formatting is also improved so that dates, names and other info actually fit! We've listened to our customers and made small improvements to make them user friendly.
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Premium Divorce Forms Packet
Our Simplified Divorce Forms Packet includes simple to follow
instructions and a checklist commonly used in all of Florida's circuit
courts.
All form packets are up to date with the latest version of the forms included. They are also e-File compatible and come with a money back guarantee.
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Legal Documents Preparation Services
Your legal documents ready to file at a price you can afford!
Our Petition Preparer Service can have all your documents professionally prepared after a brief interview with our experienced Legal Document Specialists.
Your court papers will be in your hands and ready to file in as little as three days! We guarantee our work. Just ask us for a quote.
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