# Amendments to Approved Family Law Forms > Supreme Court of Florida · March 26, 2009 · 20 So. 3d 173 URL: https://www.frixlaw.com/law-library/cases/1559748 ## Case - **Court:** Supreme Court of Florida - **Decided:** March 26, 2009 - **Citations:** 20 So. 3d 173 - **Precedential status:** Published - **Opinion:** Opinion - **Judges:** Per Curiam - **Cited by:** 0 later opinions in the Frix Law Library ## Citator (automated) - No negative treatment found by the automated citator. That is not the same as a confirmation that the case is good law; read the citing cases. - Full citator and citing cases: https://www.frixlaw.com/law-library/cases/1559748 ## Opinion text 20 So.3d 173 (2009) In re AMENDMENTS TO THE FLORIDA SUPREME COURT APPROVED FAMILY LAW FORMS. No. SC08-2058. Supreme Court of Florida. March 26, 2009. PER CURIAM. During the 2008 legislative session, the Legislature amended numerous sections of chapter 61, Florida Statutes, redesignating it "Dissolution of Marriage; Support; Time-sharing," and amended various sections of chapters 409, 414, 445, 741, 742, 753, and 827, Florida Statutes. See ch. 2008-61, Laws of Fla. (effective October 1, 2008). In general, this legislation removes references to the concepts of "custody," "primary or secondary residential parent," "visitation," and the like, and instead incorporates the concepts of "time-sharing" and a "parenting plan." The statutes now require the court to approve or establish a "parenting plan" which governs how divorced parents will share the responsibilities of childrearing and decision making with regard to the child and sets forth a "time-sharing" schedule. Ch. 2008-61, §§ 2, 8, Laws of Fla. (amending §§ 61.046 and 61.13, Fla. Stat. (2007)). This legislation affects the Florida Supreme Court Approved Family Law Forms. Pursuant to the procedures approved by this Court in Amendments to the Florida Family Law Rules of Procedure & Family Law Forms, 810 So.2d 1, 14 (Fla.2000), this Court has internally reviewed the Florida Supreme Court Approved Family Law Forms and determined that both new forms and amendments to existing forms are necessary as a result of the legislation. Input on this issue was received from the Advisory Workgroup on the Florida Supreme Court Approved Family Law Forms, which provided valuable assistance. The majority of the amendments to existing forms simply conform them to the change in terminology accomplished by chapter 2008-61 and incorporate the concepts of time-sharing and the parenting plan. [1] Two of the new forms are parenting plan forms, form 12.995(a) (Parenting Plan (non-supervised)), and form 12.995(b) *174 (Parenting Plan (supervised/safety focused)). The third new form is form 12.993(d) (Supplemental Temporary Judgment for Modification of Parenting Issues for Children of Military Parents) in accord with various amendments to section 61.13002, Florida Statutes. See ch. 2008-61, § 10, Laws of Fla. The new and amended forms are adopted as set forth in the appendix to this opinion, fully engrossed, effective for immediate use. Due to the number of amendments and new forms, we direct that they be published for comment. A publication notice will appear in The Florida Bar News. The forms will be posted on this Court's website at www.florida supremecourt.org/decisions/rules.shtml. Interested persons shall have sixty days from the date of this opinion to file comments with the Court. By adoption of these forms, we express no opinion as to their correctness or applicability, or on the substance of the new legislation. The forms discussed herein may also be accessed and downloaded from this Court's website at www.flcourts.org/gen_public/family/forms_rules/index.shtml. It is so ordered. QUINCE, C.J., and PARIENTE, LEWIS, CANADY, POLSTON, and LABARGA, JJ., concur. PERRY, J., did not participate. APPENDIX INSTRUCTIONS FOR FLORIDA SUPREME COURT APPROVED FAMILY LAW FORM 12.901(b)(1), PETITION FOR DISSOLUTION OF MARRIAGE WITH DEPENDENT OR MINOR CHILD(REN) (03/09) When should this form be used? This form should be used when a husband or wife is filing for a dissolution of marriage and you and your spouse have a dependent or minor child(ren) together or the wife is pregnant. You and/or your spouse must have lived in Florida for at least 6 months before filing for a dissolution in Florida. You must file this form if the following is true: • You and your spouse have a dependent or minor child(ren) together or the wife is pregnant. This form should be typed or printed in black ink. After completing this form, you should sign the form before a notary public or deputy clerk. You should file the original with the clerk of the circuit court in the county where you live and keep a copy for your records. *175 What should I do next? For your case to proceed, you must properly notify your spouse of the petition. If you know where he or she lives, you should use personal service. If you absolutely do not know where he or she lives, you may use constructive service. You may also be able to use constructive service if your spouse resides in another state or country. However, if constructive service is used, other than granting a divorce, the court may only grant limited relief. For more information on constructive service, see Notice of Action for Dissolution of Marriage, Florida Supreme Court Approved Family Law Form 12.913(a), and Affidavit of Diligent Search and Inquiry, Florida Family Law Rules of Procedure Form 12.913(b). If your spouse is in the military service of the United States, additional steps for service may be required. See, for example, Memorandum for Certificate of Military Service, Florida Supreme Court Approved Family Law Form 12.912(a). In sum, the law regarding constructive service and service on an individual in the military service is very complex and you may wish to consult an attorney regarding these issues. If personal service is used, the respondent has 20 days to answer after being served with your petition. Your case will then generally proceed in one of the following three ways: DEFAULT. If after 20 days, your spouse has not filed an answer, you may file a Motion for Default, Florida Supreme Court Approved Family Law Form 12.922(a), with the clerk of court. Then, if you have filed all of the required papers, you may call the clerk, family law intake staff, or judicial assistant to set a final hearing. You must notify your spouse of the hearing by using a Notice of Hearing (General), Florida Supreme Court Approved Family Law Form 12.923, or other appropriate notice of hearing form. UNCONTESTED. If your spouse files an answer that agrees with everything in your petition or an answer and waiver, and you have complied with mandatory disclosure and filed all of the required papers, you may call the clerk, family law intake staff, or judicial assistant to set a final hearing. You must notify your spouse of the hearing by using a Notice of Hearing (General), Florida Supreme Court Approved Family Law Form 12.923, or other appropriate notice of hearing form. CONTESTED. If your spouse files an answer or an answer and counterpetition, which disagrees with or denies anything in your petition, and you are unable to settle the disputed issues, you should file a Notice for Trial, Florida Supreme Court Approved Family Law Form 12.924, after you have complied with mandatory disclosure and filed all of the required papers. Some circuits may require the completion of mediation before a final hearing may be set. You should contact the clerk, family law intake staff, or judicial assistant for instructions on how to set your case for trial (final hearing). If your spouse files an answer and counterpetition, you should answer the counterpetition within 20 days using an Answer to Counterpetition, Florida Supreme Court Approved Family Law Form 12.903(d). Where can I look for more information? Before proceeding, you should read "General Information for Self-Represented Litigants" found at the beginning of these forms. The words that are in "bold underline" in these instructions are defined there. For further information, see chapter 61, Florida Statutes. *176 Special notes... If you do not have the money to pay the filing fee, you may obtain an Application for Determination of Civil Indigent Status from the clerk, fill it out, and the clerk will determine whether you are eligible to have filing fees deferred. If this is a domestic violence case and you want to keep your address confidential for safety reasons, do not enter the address, telephone, and fax information at the bottom of this form. Instead, file Petitioner's Request for Confidential Filing of Address, Florida Supreme Court Approved Family Law Form 12.980(h). With this form, you must also file the following: • Uniform Child Custody Jurisdiction and Enforcement Act (UCCJEA) Affidavit, Florida Supreme Court Approved Family Law Form 12.902(d). • Child Support Guidelines Worksheet, Florida Family Law Rules of Procedure Form 12.902(e), if you are asking that child support be ordered in the final judgment. (If you do not know your spouse's income, you may file this worksheet after his or her financial affidavit has been served on you.) • Affidavit of Corroborating Witness, Florida Supreme Court Approved Family Law Form 12.902(i) OR photocopy of current Florida driver's license, Florida identification card, or voter's registration card (issue date of copied document must be at least six months before date case is actually filed with the clerk of the circuit court). • Marital Settlement Agreement for Dissolution of Marriage with Dependent or Minor Child(ren), Florida Supreme Court Approved Family Law Form 12.902(f)(1), if you and your spouse have reached an agreement on any or all of the issues. • Notice of Social Security Number, Florida Supreme Court Approved Family Law Form 12.902(j). • Family Law Financial Affidavit, Florida Family Law Rules of Procedure Form 12.902(b) or (c). (This must be filed with the petition if the petitioner seeks to establish child support. Otherwise, it must be filed within 45 days of service of the petition on the respondent.) • Certificate of Compliance with Mandatory Disclosure, Florida Family Law Rules of Procedure Form 12.932. (This must be filed within 45 days of service of the petition on the respondent, if not filed at the time of the petition, unless you and your spouse have agreed not to exchange these documents.) • Parenting Plan, Florida Supreme Court Approved Family Law Form 12.995(a)or Supervised/Safety Focused Parenting Plan, Form 12.995(b) If the parents have reached an agreement, a signed and notarized Parenting Plan should be attached. If the parents have not reached an agreement, a proposed Parenting Plan may be filed. Parenting Plan and Time-Sharing. If you and your spouse are unable to agree on parenting arrangements and a time-sharing schedule, a judge will decide for you as part of establishing a Parenting Plan. The judge will decide the parenting arrangements and time-sharing based on the child(ren)'s best interests. Regardless of whether there is an agreement, the court reserves jurisdiction to modify issues relating to the minor child(ren). The judge may request a parenting plan recommendation or appoint a guardian ad litem in your case. This means that a neutral person will review your situation *177 and report to the judge concerning parenting issues. The purpose of such intervention is to be sure that the best interests of the child(ren) is (are) being served. For more information, you may consult section 61.13, Florida Statutes. A parenting course must be completed prior to entry of the final judgment. You should contact the clerk, family law intake staff, or judicial assistant about requirements for parenting courses where you live. Listed below are some terms with which you should become familiar before completing your petition. If you do not fully understand any of the terms below or their implications, you should speak with an attorney before going any further. • Shared Parental Responsibility • Sole Parental Responsibility • Supervised Time-Sharing • No contact • Parenting Plan • Parenting Plan Recommendation • Time-Sharing Schedule Child Support. The court may order one parent to pay child support to assist the other parent in meeting the child(ren)'s material needs. Both parents are required to provide financial support, but one parent may be ordered to pay a portion of his or her support for the child(ren) to the other parent. Florida has adopted guidelines for determining the amount of child support to be paid. These guidelines are based on the combined income of both parents and take into account the financial contributions of both parents. You must file a Family Law Financial Affidavit, Florida Family Law Rules of Procedure Form 12.902(b) or (c), and your spouse will be required to do the same. From your financial affidavits, you should be able to calculate the amount of child support that should be paid using the Child Support Guidelines Worksheet, Florida Family Law Rules of Procedure Form 12.902(e). Because the child support guidelines take several factors into consideration, change over time, and vary from state to state, your child support obligation may be more or less than that of other people in seemingly similar situations. Alimony. Alimony may be awarded to a spouse if the judge finds that he or she needs it and that the other spouse has the ability to pay it. If you want alimony, you must request it in writing in the original petition or counterpetition. If you do not request alimony in writing before the final hearing, it is waived (you may not request it later). You may request either permanent alimony, lump sum alimony, or rehabilitative alimony. Marital/Nonmarital Assets and Liabilities. Florida law requires an equitable distribution of marital assets and marital liabilities. "Equitable" does not necessarily mean "equal." Many factors, including child support, time-sharing, and alimony awards, may lead the court to make an unequal (but still equitable) distribution of assets and liabilities. Nonmarital assets and nonmarital liabilities are those assets and liabilities which the parties agree or the court determines belong to, or are the responsibility of, only one of the parties. If the parties agree or the court finds an asset or liability to be nonmarital, the judge will not consider it when distributing marital assets and liabilities. Temporary Relief. If you need temporary relief regarding temporary use of assets, temporary responsibility for liabilities, parental responsibility and time-sharing with child(ren), temporary child support, or temporary alimony, you may file a Motion for Temporary Support and Time-Sharing with Dependent or *178 Minor Child(ren), Florida Supreme Court Approved Family Law Form 12.947(a). For more information, see the instructions for that form. Marital Settlement Agreement. If you and your spouse are able to reach an agreement on any or all of the issues, you should file a Marital Settlement Agreement for Dissolution of Marriage with Dependent or Minor Child(ren), Florida Supreme Court Approved Family Law Form 12.902(f)(1). Both of you must sign this agreement before a notary public or deputy clerk. Any issues on which you are unable to agree will be considered contested and settled by the judge at the final hearing. Parenting Plan. In all cases involving minor or dependent child(ren), a Parenting Plan shall be approved or established by the court. If you and your spouse have reached an agreement, you should file a Parenting Plan, Florida Supreme Court Approved Family Law Form 12.995(a), or a Supervised/Safety Focused Parenting Plan, Florida Supreme Court Approved Family Law Form 12.995(b) which addresses the time-sharing schedule for the child(ren). If you have not reached an agreement, a proposed Parenting Plan may be filed. If the parties are unable to agree, a Parenting Plan will be established by the court. Final Judgment Form. These family law forms contain a Final Judgment of Dissolution of Marriage with Dependent or Minor Child(ren), Florida Supreme Court Approved Family Law Form 12.990(c)(1), which the judge may use if your case is contested. If you and your spouse reach an agreement on all of the issues, the judge may use a Final Judgment of Dissolution of Marriage with Dependent or Minor Child(ren) (Uncontested), Florida Supreme Court Approved Family Law Form 12.990(b)(1). You should check with the clerk, family law intake staff, or judicial assistant to see if you need to bring a final judgment with you to the hearing. If so, you should type or print the heading, including the circuit, county, case number, division, and the parties' names, and leave the rest blank for the judge to complete at your hearing or trial. Nonlawyer. Remember, a person who is NOT an attorney is called a nonlawyer. If a nonlawyer helps you fill out these forms, that person must give you a copy of a Disclosure from Nonlawyer, Florida Family Law Rules of Procedure Form 12.900(a), before he or she helps you. A nonlawyer helping you fill out these forms also must put his or her name, address, and telephone number on the bottom of the last page of every form he or she helps you complete. Florida Supreme Court Approved Family Law Form 12.901(b)(1), Petition for Dissolution of Marriage with Dependent or Minor Child(ren) (03/09) IN THE CIRCUIT COURT OF THE _______________ JUDICIAL CIRCUIT, IN AND FOR _______________COUNTY, FLORIDA Case No.: ___________________________ Division: ___________________________ ____________________________________, Petitioner, *179 and ____________________________________, Respondent. PETITION FOR DISSOLUTION OF MARRIAGE WITH DEPENDENT OR MINOR CHILD(REN) I, { full legal name } _____________________, the [one only] () Husband () Wife, being sworn, certify that the following statements are true: 1. JURISDICTION/RESIDENCE () Husband () Wife () Both has (have) lived in Florida for at least 6 months before the filing of this Petition for Dissolution of Marriage. 2. The husband [one only] () is () is not a member of the military service. The wife [one only] () is () is not a member of the military service. 3. MARRIAGE HISTORY Date of marriage: { month, day, year } _______________________________________ Place of marriage: { city, state, country } __________________________________ Date of separation: { month, day, year } ______________(✓ if approximate) 4. DEPENDENT OR MINOR CHILD(REN) [all that apply] a. ___ The wife is pregnant. Baby is due on: { date } _________ b. ___ The minor (under 18) child(ren) common to both parties are: Name Place of Birth Birth date Sex ________________ ________________ ___________ __________ ________________ ________________ ___________ __________ ________________ ________________ ___________ __________ ________________ ________________ ___________ __________ ________________ ________________ ___________ __________ ________________ ________________ ___________ __________ c. ___ The minor child(ren) born or conceived during the marriage who are not common to both parties are: Name Place of Birth Birth date Sex ________________ ________________ ___________ __________ ________________ ________________ ___________ __________ The birth father(s) of the above minor child(ren) is (are) { name and address } ________ _______________________________________________________________________________________________ d. ___ The child(ren) common to both parties who are 18 or older but who are dependent upon the parties due to a mental or physical disability are: Name Place of Birth Birth date Sex ________________ ________________ ___________ __________ ________________ ________________ ___________ __________ 5. A completed Uniform Child Custody Jurisdiction and Enforcement Act (UCCJEA) Affidavit, Florida Supreme Court Approved Family Law Form 12.902(d), is filed with this petition. (You must complete and attach this form in a dissolution of marriage with minor child(ren)). 6. A completed Notice of Social Security Number, Florida Supreme Court Approved Family Law Form 12.902(j), is filed with this petition. 7. This petition for dissolution of marriage should be granted because: [one only] a. ___ The marriage is irretrievably broken. b. ___ One of the parties has been adjudged mentally incapacitated for a period of 3 years prior to the filing of this petition. A copy of the Judgment of Incapacity is attached. SECTION I. MARITAL ASSETS AND LIABILITIES [one only] *180 1. ___ There are no marital assets or liabilities. 2. ___ There are marital assets or liabilities. All marital and nonmarital assets and liabilities are (or will be) listed in the financial affidavits, Florida Family Law Rules of Procedure Form 12.902(b) or (c), to be filed in this case. [✓ all that apply] a. ___ All marital assets and liabilities have been divided by a written agreement between the parties, which is attached, to be incorporated into the final judgment of dissolution of marriage. (The parties may use Marital Settlement Agreement for Dissolution of Marriage with Dependent or Minor Child(ren), Florida Supreme Court Approved Family Law Form 12.902(f)(1). b. ___ The Court should determine how the assets and liabilities of this marriage are to be distributed, under section 61.075, Florida Statutes. c. ___ Petitioner should be awarded an interest in Respondent's property because: _________________________________________________________________________ _________________________________________________________________________ _________________________________________________________________________ _________________________________________________________________________ SECTION II. SPOUSAL SUPPORT (ALIMONY) [one only] 1. ___ Petitioner forever gives up his/her right to spousal support (alimony) from Respondent. 2. ___ Petitioner requests that the Court order Respondent to pay the following spousal support (alimony) and claims that he or she has a need for the support that he or she is requesting and Respondent has the ability to pay that support. Spousal support (alimony) is requested in the amount of $____ every () week () other week () month, beginning { date } ___ and continuing until { date or event } _____________________________. Explain why the Court should order Respondent to pay and any specific request(s) for type of alimony (temporary, permanent, rehabilitative, and/or lump sum): __________________ _________________________________________________________________________________ _________________________________________________________________________________ _________________________________________________________________________________ _________________________________________________________________________________ _________________________________________________________________________________ _________________________________________________________________________________ [✓ if applies] ( ) Petitioner requests life insurance on Respondent's life, provided by Respondent, to secure such support. SECTION III. PARENTING PLAN ESTABLISHING PARENTAL RESPONSIBILITY, AND TIME-SHARING 1. The minor child(ren) currently reside(s) with () Mother () Father () Other: { explain } _________________________________________________________________________ 2. Parental Responsibility. It is in the child(ren)'s best interests that parental responsibility be: [✓ one only] a. ___ shared by both Father and Mother. b. ___ awarded solely to () Father () Mother. Shared parental responsibility would be detrimental to the child(ren) because: _______________________________________________________________ __________________________________________________________________________ __________________________________________________________________________ __________________________________________________________________________ 3. Parenting Plan and Time-Sharing. It is in the best interests of the child(ren) that the family be ordered to comply with a Parenting Plan that () includes () does not include parental time-sharing with the child(ren). The Petitioner states that it is in the best interests of the child (ren) that: (Choose only one) a. ___ The attached proposed Parenting Plan should be adopted by the court. The parties () have () have not agreed to the Parenting Plan. b. ___ The court should establish a Parenting Plan with the following provisions: [] No time-sharing for the ___ Husband ___ Wife. *181 [] Limited time-sharing with the ____ Husband ____ Wife. [] Supervised Time-Sharing for the ____ Husband ____ Wife. [] Supervised or third-party exchange of the child(ren). [] Time-Sharing Schedule as follows: ___________________________________________________________ ___________________________________________________________ ____________________________________________________________ 4. Explain why this request is in the best interests of the child(ren): ____________ ___________________________________________________________ ___________________________________________________________ ___________________________________________________________ ___________________________________________________________ SECTION IV. CHILD SUPPORT [all that apply] 1. ____ Petitioner requests that the Court award child support as determined by Florida's child support guidelines, section 61.30, Florida Statutes. A completed Child Support Guidelines Worksheet, Florida Family Law Rules of Procedure Form 12.902(e), is, or will be filed. Such support should be ordered retroactive to: a. ____ the date of separation { date } ______ b. ____ the date of the filing of this petition. c. ____ other { date } ______ { explain } _____ 2. ____ Petitioner requests that the Court award child support to be paid beyond the age of 18 years because: a. ____ the following child(ren) { name(s) } ________________ is (are) dependent because of a mental or physical incapacity which began before the age of 18. { explain } ____ ____________________________________________________________________________________________ b. ____ the following child(ren) { name(s) } ________________ is (are) dependent in fact and is (are) in high school while he/she (they) are between the ages of 18 and 19; said child(ren) is (are) performing in good faith with reasonable expectation of graduation before the age of 19. 3. ____ Petitioner requests that the Court award a child support amount that is more than or less than Florida's child support guidelines. Petitioner understands that Motion to Deviate from Child Support Guidelines, Florida Supreme Court Approved Family Law Form 12.943, must be filed before the court will consider this request. 4. ____ Petitioner requests that medical/dental insurance coverage for the minor child(ren) be provided by: [one only] a. ____ Father. b. ____ Mother. 5. ____ Petitioner requests that uninsured medical/dental expenses for the child(ren) be paid: [one only] a. ____ by Father. b. ____ by Mother. c. ____ by Father and Mother [each pay one-half]. d. ____ according to the percentages in the Child Support Guidelines Worksheet, Florida Family Law Rules of Procedure Form 12.902(e). e. ____ Other { explain } : _____________________________________________ ________________________________________________________________________ ________________________________________________________________________ 6. Petitioner requests that life insurance to secure child support be provided by: a. ____ Father. b. ____ Mother. c. ____ Both. SECTION V. OTHER 1. [If Petitioner is also the Wife, please indicate by either () yes () or no whether Petitioner/Wife wants to be known by her former name, which was { full legal name } ________________________________. *182 2. Other relief { specify } : _______________________________________________________________________________ _______________________________________________________________________________ _______________________________________________________________________________ _______________________________________________________________________________ _______________________________________________________________________________ SECTION VI. PETITIONER'S REQUEST (This section summarizes what you are asking the Court to include in the final judgment of dissolution of marriage.) Petitioner requests that the Court enter an order dissolving the marriage and: [all that apply] 1. ____ distributing marital assets and liabilities as requested in Section I of this petition; 2. ____ awarding spousal support (alimony) as requested in Section II of this petition; 3. ____ adopt or establish a Parenting Plan containing provisions for parental responsibility and time-sharing for the dependent or minor child(ren) common to both parties, as requested in Section III of this petition; 4. ____ establishing child support for the dependent or minor child(ren) common to both parties, as requested in Section IV of this petition; 5. ____ restoring Wife's former name as requested in Section V of this petition; 6. ____ awarding other relief as requested in Section V of this petition; and any other terms the Court deems necessary. I understand that I am swearing or affirming under oath to the truthfulness of the claims made in this petition and that the punishment for knowingly making a false statement includes fines and/or imprisonment. Dated: __________________________ ___________________________________ Signature of Petitioner Printed Name: _____________________ Address: __________________________ City, State, Zip: _________________ Telephone Number: _________________ Fax Number: _______________________ STATE OF FLORIDA COUNTY OF ____________ Sworn to or affirmed and signed before me on ______ by ________________________. ___________________________________________________________________ NOTARY PUBLIC or DEPUTY CLERK ____________________________________________________________________ [Print, type, or stamp commissioned name of notary or deputy clerk.] ____ Personally known ____ Produced identification Type of identification produced ______________________ IF A NONLAWYER HELPED YOU FILL OUT THIS FORM, HE/SHE MUST FILL IN THE BLANKS BELOW: [fill in all blanks] I, { full legal name and trade name of nonlawyer } ___________________________, a nonlawyer, located at { street } ______________, { city } ________________, { state } _________, { phone } _________, helped { name } ___________, who is the petitioner, fill out this form. *183 INSTRUCTIONS FOR FLORIDA SUPREME COURT APPROVED FAMILY LAW FORM 12.902(d), UNIFORM CHILD CUSTODY JURISDICTION AND ENFORCEMENT ACT (UCCJEA) AFFIDAVIT (03/09) When should this form be used? This form should be used in any case involving custody of, visitation with, or time-sharing with any minor child(ren). This affidavit is required even if the custody of, visitation, or time-sharing with the minor child(ren) are not in dispute. This form should be typed or printed in black ink. After completing this form, you should sign the form before a notary public or deputy clerk. You should then file the original with the clerk of the circuit court in the county where the petition was filed and keep a copy for your records. What should I do next? A copy of this form must be mailed or hand delivered to the other party in your case, if it is not served on him or her with your initial papers. Where can I look for more information? Before proceeding, you should read General Information for Self-Represented Litigants found at the beginning of these forms. The words that are in bold underline in these instructions are defined there. For further information, see sections 61.501-61.542, Florida Statutes. Special notes... If you are the petitioner in an injunction for protection against domestic violence case and you have filed Petitioner's Request for Confidential Filing of Address, Florida Supreme Court Approved Family Law Form 12.980(i), you should write confidential in any space on this form that would require you to write the address where you are currently living. Remember, a person who is NOT an attorney is called a nonlawyer. If a nonlawyer helps you fill out these forms, that person must give you a copy of a Disclosure from Nonlawyer, Florida Family Law Rules of Procedure Form 12.900(a), before he or she helps you. A nonlawyer helping you fill out these forms also must put his or her name, address, and telephone number on the bottom of the last page of every form he or she helps you complete. Florida Supreme Court Approved Family Law Form 12.902(d), Uniform Child Custody Jurisdiction and Enforcement Act (UCCJEA) Affidavit (03/09) IN THE CIRCUIT COURT OF THE ____________ JUDICIAL CIRCUIT, IN AND FOR ___________________ COUNTY, FLORIDA Case No.: __________________ Division: __________________ ________________________, Petitioner, and ________________________, Respondent. UNIFORM CHILD CUSTODY JURISDICTION AND ENFORCEMENT ACT (UCCJEA) AFFIDAVIT *184 I, { full legal name } ____________, being sworn, certify that the following statements are true: 1. The number of minor child(ren) subject to this proceeding is ________. The name, place of birth, birth date, and sex of each child; the present address, periods of residence, and places where each child has lived within the past five (5) years; and the name, present address, and relationship to the child of each person with whom the child has lived during that time are: THE FOLLOWING INFORMATION IS TRUE ABOUT CHILD # 1: Child's Full Legal Name: ______________________________________________________ Place of Birth: _________________ Date of Birth: _______________ Sex: ______________ Child's Residence for the past 5 years: _______________________________________________________________________________________________________ Address (including city and Name and present address Dates (From/To) state) where child lived of person child lived with Relationship to child _________________________________________________________________________________________________________ /present* ___/___ ___/___ ___/___ ___/___ ___/___ * If you are the petitioner in an injunction for protection against domestic violence case and you have filed Petitioner's Request for Confidential Filing of Address, Florida Supreme Court Approved Family Law Form 12.980(i), you should write "confidential" in any space on this form that would require you to enter the address where you are currently living. THE FOLLOWING INFORMATION IS TRUE ABOUT CHILD # ___: Child's Full Legal Name: ______________________________________________________ Place of Birth: ___________________ Date of Birth: _____________ Sex: ______________ Child's Residence for the past 5 years: ________________________________________________________________________________________________________ Address (including city and Name and present address Dates (From/To) state) where child lived of person child lived with Relationship to child _________________________________________________________________________________________________________ /present ___/___ ___/___ ___/___ ___/___ ___/___ THE FOLLOWING INFORMATION IS TRUE ABOUT CHILD # ___: Child's Full Legal Name: ______________________________________________________ Place of Birth: ___________________ Date of Birth: _____________ Sex: ______________ Child's Residence for the past 5 years: ________________________________________________________________________________________________________ Address (including city and Name and present address Dates (From/To) state) where child lived of person child lived with Relationship to child _________________________________________________________________________________________________________ /present *185 ___/___ ___/___ ___/___ ___/___ ___/___ 2. Participation in custody or time-sharing proceeding(s): [✓ one only] ____ I HAVE NOT participated as a party, witness, or in any capacity in any other litigation or custody proceeding in this or any other state, concerning custody of or time-sharing with a child subject to this proceeding. ____ I HAVE participated as a party, witness, or in any capacity in any other litigation or custody proceeding in this or another state, concerning custody of or time-sharing with a child subject to this proceeding. Explain: a. Name of each child: ___________________________________________________________ b. Type of proceeding: ___________________________________________________________ c. Court and state: ______________________________________________________________ d. Date of court order or judgment (if any): _____________________________________ 3. Information about custody or time-sharing proceeding(s): [✓ one only] ____ I HAVE NO INFORMATION of any custody or time-sharing proceeding pending in a court of this or any other state concerning a child subject to this proceeding. ____ I HAVE THE FOLLOWING INFORMATION concerning a custody or time-sharing proceeding pending in a court of this or another state concerning a child subject to this proceeding, other than set out in item 2. Explain: a. Name of each child: ___________________________________________________________ b. Type of proceeding: ___________________________________________________________ c. Court and state: ______________________________________________________________ d. Date of court order or judgment (if any): _____________________________________ 4. Persons not a party to this proceeding: [✓ one only] ____ I DO NOT KNOW OF ANY PERSON not a party to this proceeding who has physical custody or claims to have custody, visitation or time-sharing with respect to any child subject to this proceeding. ____ I KNOW THAT THE FOLLOWING NAMED PERSON(S) not a party to this proceeding has (have) physical custody or claim(s) to have custody, visitation, or time-sharing with respect to any child subject to this proceeding: a. Name and address of person: ________________________________________________________ _____________________________________________________________________________________ () has physical custody () claims custody rights () claims visitation or time-sharing Name of each child: __________________________________________________________________ b. Name and address of person: _________________________________________________________ _____________________________________________________________________________________ () has physical custody () claims custody rights () claims visitation, or time-sharing Name of each child: ___________________________________________________________________ c. Name and address of person: ___________________________________________________________ _______________________________________________________________________________________ () has physical custody () claims custody rights () claims visitation or time-sharing Name of each child: ___________________________________________________________________ 5. Knowledge of prior child support proceedings: [✓ one only] ____ The child(ren) described in this affidavit are NOT subject to existing child support order(s) in this or any state or territory. *186 ____ The child(ren) described in this affidavit are subject to the following existing child support order(s): a. Name of each child: b. Type of proceeding: c. Court and address: d. Date of court order/judgment (if any): e. Amount of child support paid and by whom: ________________ 6. I acknowledge that I have a continuing duty to advise this Court of any custody, visitation or time-sharing, child support, or guardianship proceeding (including dissolution of marriage, separate maintenance, child neglect, or dependency) concerning the child(ren) in this state or any other state about which information is obtained during this proceeding. I certify that a copy of this document was [✓ one only] () mailed () faxed and mailed () hand delivered to the person(s) listed below on { date } _________________________. Other party or his/her attorney: Name: ________________________ Address: _____________________ City, State, Zip: ____________ Fax Number: __________________ I understand that I am swearing or affirming under oath to the truthfulness of the claims made in this affidavit and that the punishment for knowingly making a false statement includes fines and/or imprisonment. Dated: _______________________ __________________________________ Signature of Party Printed Name: ____________________ Address: _________________________ City, State, Zip: ________________ Telephone Number: ________________ Fax Number: ______________________ STATE OF FLORIDA COUNTY OF _____________ Sworn to or affirmed and signed before me on _______ by ____________. _____________________________________________________________ NOTARY PUBLIC or DEPUTY CLERK _____________________________________________________________ [Print, type, or stamp commissioned name of notary or clerk.] ____ Personally known ____ Produced identification Type of identification produced __________________ IF A NONLAWYER HELPED YOU FILL OUT THIS FORM, HE/SHE MUST FILL IN THE BLANKS BELOW: [fill in all blanks] I, { full legal name and trade name of nonlawyer } __________________________________, a nonlawyer, located at { street } ________________, { city } _____________________, { state } ___________, { phone } ____________, helped { name } _____________, who is the [✓ one only] ___ petitioner or ___ respondent, fill out this form. *187 INSTRUCTIONS FOR FLORIDA SUPREME COURT APPROVED FAMILY LAW FORM 12.902(f)(1), MARITAL SETTLEMENT AGREEMENT FOR DISSOLUTION OF MARRIAGE WITH DEPENDENT OR MINOR CHILD(REN) (03/09) When should this form be used? This form should be used when a Petition for Dissolution of Marriage with Dependent or Minor Child(ren), Florida Supreme Court Approved Family Law Form 12.901(b)(1), has been filed and the parties have reached an agreement on some or all of the issues at hand. This form should be typed or printed in black ink. Both parties must sign the agreement and have their signatures witnessed by a notary public or deputy clerk. After completing this form, you should file the original with the clerk of the circuit court in the county where the petition was filed and keep a copy for your records. You should then refer to the instructions for your petition, answer, or answer and counterpetition concerning the procedures for setting a hearing or trial (final hearing). Where can I look for more information? Before proceeding, you should read General Information for Self-Represented Litigants found at the beginning of these forms. The words that are in bold underline in these instructions are defined there. For further information, see chapter 61, Florida Statutes, and the instructions for the petition and/or answer that were filed in this case. Special notes... With this form you must also file a Child Support Guidelines Worksheet, Florida Family Law Rules of Procedure Form 12.902(e), if not already filed. This form does not act to transfer title to the property. Such transfer must be done by deed or supplemental final judgment. Remember, a person who is NOT an attorney is called a nonlawyer. If a nonlawyer helps you fill out these forms, that person must give you a copy of a Disclosure from Nonlawyer, Florida Family Law Rules of Procedure Form 12.900(a), before he or she helps you. A nonlawyer helping you fill out these forms also must put his or her name, address, and telephone number on the bottom of the last page of every form he or she helps you complete. Florida Supreme Court Approved Family Law Form 12.902(f)(1), Marital Settlement Agreement for Dissolution of Marriage with Dependent or Minor Child(ren) (03/09) IN THE CIRCUIT COURT OF THE _____________________ JUDICIAL CIRCUIT, IN AND FOR __________________ COUNTY, FLORIDA Case No.: ___________________________ Division: ___________________________ ________________________________, Petitioner, and *188 ______________________________, Respondent. MARITAL SETTLEMENT AGREEMENT FOR DISSOLUTION OF MARRIAGE WITH DEPENDENT OR MINOR CHILD(REN) We, { Husband's full legal name } _____________________________________, and { Wife's full legal name } _____________________________________________, being sworn, certify that the following statements are true: 1. We were married to each other on { date } _______________. 2. Because of irreconcilable differences in our marriage (no chance of staying together), we have made this agreement to settle once and for all what we owe to each other and what we can expect to receive from each other. Each of us states that nothing has been held back, that we have honestly included everything we could think of in listing our assets (everything we own and that is owed to us) and our debts (everything we owe), and that we believe the other has been open and honest in writing this agreement. 3. We have both filed a Family Law Financial Affidavit, Florida Family Law Rules of Procedure Form 12.902(b) or (c). Because we have voluntarily made full and fair disclosure to each other of all our assets and debts, we waive any further disclosure under rule 12.285, Florida Family Law Rules of Procedure. 4. Each of us agrees to execute and exchange any papers that might be needed to complete this agreement, including deeds, title certificates, etc. SECTION I. MARITAL ASSETS AND LIABILITIES A. Division of Assets. We divide our assets (everything we own and that is owed to us) as follows: Any personal item(s) not listed below is the property of the party currently in possession of the item(s). 1. Wife shall receive as her own and Husband shall have no further rights or responsibilities regarding these assets: _________________________________________________________________________________________________________ ASSETS: DESCRIPTION OF ITEM(S) WIFE SHALL RECEIVE (To avoid Current Fair confusion at a later date, describe each item as clearly as possible. You do not Market Value need to list account numbers. Where applicable, include whether the name on any title/deed/account described below is wife's, husband's, or both.) _________________________________________________________________________________________________________ [] Cash (on hand) $ _________________________________________________________________________________________________________ [] Cash (in banks/credit unions) _________________________________________________________________________________________________________ [] _________________________________________________________________________________________________________ [] Stocks/Bonds _________________________________________________________________________________________________________ [] _________________________________________________________________________________________________________ [] Notes (money owed to you in writing) _________________________________________________________________________________________________________ [] _________________________________________________________________________________________________________ [] _________________________________________________________________________________________________________ [] Money owed to you (not evidenced by a note) _________________________________________________________________________________________________________ [] _________________________________________________________________________________________________________ [] _________________________________________________________________________________________________________ [] Real estate: (Home) _________________________________________________________________________________________________________ [] (Other) _________________________________________________________________________________________________________ [] _________________________________________________________________________________________________________ [] Business interests _________________________________________________________________________________________________________ [] *189 _________________________________________________________________________________________________________ [] Automobiles _________________________________________________________________________________________________________ [] _________________________________________________________________________________________________________ [] _________________________________________________________________________________________________________ [] Boats _________________________________________________________________________________________________________ [] Other vehicles _________________________________________________________________________________________________________ [] _________________________________________________________________________________________________________ [] Retirement plans (Profit Sharing, Pension, IRA, 401(k)s, etc.) _________________________________________________________________________________________________________ [] _________________________________________________________________________________________________________ [] _________________________________________________________________________________________________________ [] Furniture & furnishings in home _________________________________________________________________________________________________________ [] _________________________________________________________________________________________________________ [] Furniture & furnishings elsewhere _________________________________________________________________________________________________________ [] _________________________________________________________________________________________________________ [] Collectibles _________________________________________________________________________________________________________ [] _________________________________________________________________________________________________________ [] Jewelry _________________________________________________________________________________________________________ [] _________________________________________________________________________________________________________ [] Life insurance (cash surrender value) _________________________________________________________________________________________________________ [] _________________________________________________________________________________________________________ [] Sporting and entertainment (T.V., stereo, etc.) equipment _________________________________________________________________________________________________________ [] _________________________________________________________________________________________________________ [] _________________________________________________________________________________________________________ [] _________________________________________________________________________________________________________ [] Other assets _________________________________________________________________________________________________________ [] _________________________________________________________________________________________________________ [] _________________________________________________________________________________________________________ [] _________________________________________________________________________________________________________ [] _________________________________________________________________________________________________________ [] _________________________________________________________________________________________________________ [] _________________________________________________________________________________________________________ Total Assets to Wife $_____________ _________________________________________________________________________________________________________ 2. Husband shall receive as his own and Wife shall have no further rights or responsibilities regarding these assets: _________________________________________________________________________________________________________ ASSETS: DESCRIPTION OF ITEM(S) HUSBAND SHALL RECEIVE (To avoid Current Fair confusion at a later date, describe each item as clearly as possible. You do not Market Value need to list account numbers. Where applicable, include whether the name on any title/deed/account described below is wife's, husband's or both.) _________________________________________________________________________________________________________ [] Cash (on hand) $ _________________________________________________________________________________________________________ [] Cash (in banks/credit unions) _________________________________________________________________________________________________________ [] *190 _________________________________________________________________________________________________________ [] Stocks/Bonds _________________________________________________________________________________________________________ [] _________________________________________________________________________________________________________ [] Notes (money owed to you in writing) _________________________________________________________________________________________________________ [] _________________________________________________________________________________________________________ [] _________________________________________________________________________________________________________ [] Money owed to you (not evidenced by a note) _________________________________________________________________________________________________________ [] _________________________________________________________________________________________________________ [] _________________________________________________________________________________________________________ [] Real estate: (Home) _________________________________________________________________________________________________________ [] (Other) _________________________________________________________________________________________________________ [] _________________________________________________________________________________________________________ [] Business interests _________________________________________________________________________________________________________ [] _________________________________________________________________________________________________________ [] Automobiles _________________________________________________________________________________________________________ [] _________________________________________________________________________________________________________ [] _________________________________________________________________________________________________________ [] Boats _________________________________________________________________________________________________________ [] Other vehicles _________________________________________________________________________________________________________ [] _________________________________________________________________________________________________________ [] Retirement plans (Profit Sharing, Pension, IRA, 401(k)s, etc.) _________________________________________________________________________________________________________ [] _________________________________________________________________________________________________________ [] _________________________________________________________________________________________________________ [] Furniture & furnishings in home _________________________________________________________________________________________________________ [] _________________________________________________________________________________________________________ [] Furniture & furnishings elsewhere _________________________________________________________________________________________________________ [] _________________________________________________________________________________________________________ [] Collectibles _________________________________________________________________________________________________________ [] _________________________________________________________________________________________________________ [] Jewelry _________________________________________________________________________________________________________ [] _________________________________________________________________________________________________________ [] Life insurance (cash surrender value) _________________________________________________________________________________________________________ [] _________________________________________________________________________________________________________ [] Sporting and entertainment (T.V., stereo, etc.) equipment _________________________________________________________________________________________________________ [] _________________________________________________________________________________________________________ [] _________________________________________________________________________________________________________ [] _________________________________________________________________________________________________________ [] Other assets _________________________________________________________________________________________________________ [] _________________________________________________________________________________________________________ [] _________________________________________________________________________________________________________ *191 _________________________________________________________________________________________________________ [] _________________________________________________________________________________________________________ [] _________________________________________________________________________________________________________ [] _________________________________________________________________________________________________________ Total Assets to Husband $_________________ _________________________________________________________________________________________________________ B. Division of Liabilities/Debts. We divide our liabilities (everything we owe) as follows: 1. Wife shall pay as her own the following and will not at any time ask Husband to pay these debts/bills: _________________________________________________________________________________________________________ LIABILITIES: DESCRIPTION OF DEBT(S) TO BE PAID BY WIFE (To Monthly Current avoid confusion at a later date, describe each item as clearly as possible. You Payment Amount do not need to list account numbers. Where applicable, include whether the Owed name on any mortgage, note, or account described below is wife's, husband's, or both.) _________________________________________________________________________________________________________ [] Mortgages on real estate: (Home) $ $ _________________________________________________________________________________________________________ [] (Other) _________________________________________________________________________________________________________ [] _________________________________________________________________________________________________________ [] Charge/credit card accounts _________________________________________________________________________________________________________ [] _________________________________________________________________________________________________________ [] _________________________________________________________________________________________________________ [] _________________________________________________________________________________________________________ [] _________________________________________________________________________________________________________ [] _________________________________________________________________________________________________________ [] Auto loan _________________________________________________________________________________________________________ [] Auto loan _________________________________________________________________________________________________________ [] Bank/credit union loans _________________________________________________________________________________________________________ [] _________________________________________________________________________________________________________ [] _________________________________________________________________________________________________________ [] _________________________________________________________________________________________________________ [] Money you owe (not evidenced by a note) _________________________________________________________________________________________________________ [] _________________________________________________________________________________________________________ [] Judgments _________________________________________________________________________________________________________ [] _________________________________________________________________________________________________________ [] Other _________________________________________________________________________________________________________ [] _________________________________________________________________________________________________________ [] _________________________________________________________________________________________________________ [] _________________________________________________________________________________________________________ Total Debts to Be Paid by Wife $ $ _________________________________________________________________________________________________________ 2. Husband shall pay as his own the following and will not at any time ask Wife to pay these debts/bills: _________________________________________________________________________________________________________ LIABILITIES: DESCRIPTION OF DEBT(S) TO BE PAID BY HUSBAND Monthly Current (To avoid confusion at a later date, describe each item as clearly as possible. Payment Amount You do not need to list account numbers. Where applicable, include whether Owed *192 the name on any mortgage, note or account described below is wife's, husband's, or both.) _________________________________________________________________________________________________________ [] Mortgages on real estate: (Home) $ $ _________________________________________________________________________________________________________ [] (Other) _________________________________________________________________________________________________________ [] _________________________________________________________________________________________________________ [] Charge/credit card accounts _________________________________________________________________________________________________________ [] _________________________________________________________________________________________________________ [] _________________________________________________________________________________________________________ [] _________________________________________________________________________________________________________ [] _________________________________________________________________________________________________________ [] _________________________________________________________________________________________________________ [] Auto loan _________________________________________________________________________________________________________ [] Auto loan _________________________________________________________________________________________________________ [] Bank/credit union loans _________________________________________________________________________________________________________ [] _________________________________________________________________________________________________________ [] _________________________________________________________________________________________________________ [] _________________________________________________________________________________________________________ [] Money you owe (not evidenced by a note) _________________________________________________________________________________________________________ [] _________________________________________________________________________________________________________ [] Judgments _________________________________________________________________________________________________________ [] _________________________________________________________________________________________________________ [] Other _________________________________________________________________________________________________________ [] _________________________________________________________________________________________________________ [] _________________________________________________________________________________________________________ [] _________________________________________________________________________________________________________ [] _________________________________________________________________________________________________________ Total Debts to Be Paid by Husband $ $ _________________________________________________________________________________________________________ C. Contingent Assets and Liabilities (listed in Section III of our Family Law Financial Affidavits) will be divided as follows: _________________________________________________________________________________________________________ _________________________________________________________________________________________________________ _________________________________________________________________________________________________________ _________________________________________________________________________________________________________ SECTION II. SPOUSAL SUPPORT (ALIMONY) (If you have not agreed on this matter, write n/a on the lines provided.) [one only] 1. ____ Each of us forever gives up any right to spousal support (alimony) that we may have. 2. ____ () HUSBAND () WIFE agrees to pay spousal support (alimony) in the amount of $____ every () week () other week () month, beginning { date } _____ and continuing until { date or event } __________________________________________________________________. Explain type of alimony (temporary, permanent, rehabilitative, and/or lump sum) and any other specifics: _________________________________________________________________________________________________________ _________________________________________________________________________________________________________ _________________________________________________________________________________________________________ _________________________________________________________________________________________________________ _________________________________________________________________________________________________________ _________________________________________________________________________________________________________ *193 [if applies] () Life insurance in the amount of $________ to secure the above support, will be provided by the obligor. SECTION III. PARENTING PLAN ESTABLISHING PARENTAL RESPONSIBILITY AND TIME-SHARING 1. The parties' minor child(ren) are: Name Birth date __________________________________________________________________________ ___________________________________________________________________________ ___________________________________________________________________________ ___________________________________________________________________________ ___________________________________________________________________________ ____________________________________________________________________________ 2. The parties shall have time-sharing and parental responsibility in accordance with the Parenting Plan attached as Exhibit ______. SECTION IV. CHILD SUPPORT 1. () Mother () Father will pay child support, under Florida's child support guidelines, section 61.30, Florida Statutes, to the primary residential or sole parent named above. Child Support Guidelines Worksheet, Florida Family Law Rules of Procedure Form 12.902(e), is completed and attached. This parent shall be obligated to pay child support in the amount of $_______, every () week () other week () month, beginning { date } ___________ and continuing until modified by court order, the youngest child turns 18, becomes emancipated, marries, dies, otherwise becomes self-supporting or, if after the age of 18, until { date } _________. If the child support amount above deviates from the guidelines by 5% or more, explain the reason(s) here: __________________________________________________________________________________ ______________________________________________________________________________________________________________ ______________________________________________________________________________________________________________ ______________________________________________________________________________________________________________ 2. Child Support Arrearage. There currently is a child support arrearage of $______ for retroactive child support and/or $ __________ for previously ordered unpaid child support. The total of $_________ in child support arrearage shall be repaid at the rate of $______ every () week () other week () month, beginning { date } _________, until paid in full including statutory interest. 3. Health Insurance. () Mother () Father will maintain health insurance coverage for the parties' minor child(ren). The party providing coverage will provide insurance cards to the other party showing coverage. OR () Health insurance is not reasonably available at this time. Any uninsured/unreimbursed medical costs for the minor child(ren) shall be assessed as follows: a. ____ Shared equally by both parents. b. ____ Prorated according to the child support guideline percentages. c. ____ Other { explain } : ____________________________________________________ As to these uninsured/unreimbursed medical expenses, the party who incurs the expense shall submit a request for reimbursement to the other party within 30 days, and the other party, within 30 days of receipt, shall submit the applicable reimbursement for that expense, according to the schedule of reimbursement set out in this paragraph. 4. Dental Insurance. () Mother () Father will maintain () dental insurance coverage for the parties' minor child(ren). The party providing coverage will provide insurance cards to the other party showing coverage. OR () dental insurance is not reasonably available at this time. Any uninsured/unreimbursed dental costs for the minor child(ren) shall be assessed as follows: a. ____ Shared equally by both parents. b. ____ Prorated according to the child support guideline percentages. c. ____ Other { explain } : _____________________________________________________ As to these uninsured/unreimbursed dental expenses, the party who incurs the expense shall submit a request for reimbursement to the other party within 30 days, and the other party, within 30 days of receipt, shall submit the applicable reimbursement for that expense, according to the schedule of reimbursement set out in this paragraph. *194 5. Life Insurance. () Mother () Father shall be required to maintain life insurance coverage for the benefit of the parties' minor child(ren) in the amount of $_________ until the youngest child turns 18, becomes emancipated, marries, dies, or otherwise becomes self-supporting. 6. IRS Income Tax Deduction(s). The assignment of any tax deductions for the child(ren) shall be (as follows: { explain } ____________________________________________________________________________ ____________________________________________________________________________________________________________ The other parent will convey any applicable IRS form regarding the income tax deduction. 7. Other provisions relating to child support (e.g., uninsured medical/dental expenses, insurance coverage, life insurance to secure child support, orthodontic payments, college fund, etc.): ____ _____________________________________________________________________________________________________________ _____________________________________________________________________________________________________________ _____________________________________________________________________________________________________________ _____________________________________________________________________________________________________________ _____________________________________________________________________________________________________________ _____________________________________________________________________________________________________________ _____________________________________________________________________________________________________________ _____________________________________________________________________________________________________________ _____________________________________________________________________________________________________________ SECTION V. OTHER _____________________________________________________________________________________________________________ _____________________________________________________________________________________________________________ _____________________________________________________________________________________________________________ _____________________________________________________________________________________________________________ _____________________________________________________________________________________________________________ _____________________________________________________________________________________________________________ SECTION VI. We have not agreed on the following issues: ____________________________________________________________________________________________________________ ____________________________________________________________________________________________________________ ____________________________________________________________________________________________________________ ____________________________________________________________________________________________________________ ____________________________________________________________________________________________________________ ____________________________________________________________________________________________________________ ____________________________________________________________________________________________________________ ____________________________________________________________________________________________________________ ____________________________________________________________________________________________________________ I certify that I have been open and honest in entering into this settlement agreement. I am satisfied with this agreement and intend to be bound by it. Dated: ____________________ __________________________________________________ Signature of Husband Printed Name: ____________________________________ Address: _________________________________________ City, State, Zip: ________________________________ Telephone Number: ________________________________ Fax Number: ______________________________________ STATE OF FLORIDA *195 COUNTY OF _____________ Sworn to or affirmed and signed before me __________ on by ______________________. _____________________________________________________________ NOTARY PUBLIC OR DEPUTY CLERK _____________________________________________________________ [Print, type, or stamp commissioned name of notary or clerk.] ____ Personally known ____ Produced identification Type of identification produced ______________________ IF A NONLAWYER HELPED YOU FILL OUT THIS FORM, HE/SHE MUST FILL IN THE BLANKS BELOW: [fill in all blanks] I, { full legal name and trade name of nonlawyer } _____________________________, a nonlawyer, located at { street } ______________________, { city } __________, { state } ___________, { phone } ___________, helped { name } _________, who is the [✓ one only] ____ petitioner or ___ respondent, fill out this form. I certify that I have been open and honest in entering into this settlement agreement. I am satisfied with this agreement and intend to be bound by it. Dated: ___________________ _________________________________________________ Signature of Wife Printed Name: ____________________________________ Address: _________________________________________ City, State, Zip: ________________________________ Telephone Number: ________________________________ Fax Number: ______________________________________ STATE OF FLORIDA COUNTY OF _________________________ Sworn to or affirmed and signed before me ________ on by ___________________. __________________________________________________________ NOTARY PUBLIC OR DEPUTY CLERK ___________________________________________________________ [Print, type, or stamp commissioned name of notary or clerk.] ____ Personally known ____ Produced identification Type of identification produced ________________ IF A NONLAWYER HELPED YOU FILL OUT THIS FORM, HE/SHE MUST FILL IN THE BLANKS BELOW: [fill in all blanks] I, { full legal name and trade name of nonlawyer } _____________________________, a nonlawyer, located at { street } ____________________, { city } ____________, { state } ___________, { phone } __________, helped { name } __________, who is the [✓ one only] ____ petitioner or _____ respondent, fill out this form. *196 INSTRUCTIONS FOR FLORIDA SUPREME COURT APPROVED FAMILY LAW FORM 12.903(a), ANSWER, WAIVER, AND REQUEST FOR COPY OF FINAL JUDGMENT OF DISSOLUTION OF MARRIAGE (03/09) When should this form be used? This form should be used when you have been served with a petition for dissolution of marriage and you do not wish to contest it or appear at a hearing. If you file this form, you are admitting all of the allegations in the petition, saying that you do not need to be notified of or appear at the final hearing, and that you would like a copy of the final judgment mailed to you. This form should be typed or printed in black ink, and your signature should be witnessed by a notary public or deputy clerk. After completing this form, you should sign the form before a notary public. You should file the original with the clerk of the circuit court in the county where the petition was filed and keep a copy for your records. What should I do next? You have 20 days to answer after being served with the other party's petition. A copy of this form, along with all of the other forms required with this answer and waiver, must be mailed or hand delivered to the other party in your case. Where can I look for more information? Before proceeding, you should read General Information for Self-Represented Litigants found at the beginning of these forms. The words that are in bold underline in these instructions are defined there. Special notes... With this form, you must also file the following: • Uniform Child Custody Jurisdiction and Enforcement Act (UCCJEA) Affidavit, Florida Supreme Court Approved Family Law Form 12.902(d), if the case involves a dependent or minor child(ren). • Child Support Guidelines Worksheet, Florida Family Law Rules of Procedure Form 12.902(e), if the case involves a dependent or minor child(ren). (If you do not know the other party's income, you may file this worksheet after his or her financial affidavit has been served on you). • Marital Settlement Agreement for Dissolution of Marriage with Dependent or Minor Child(ren), Florida Supreme Court Approved Family Law Form 12.902(f)(1), or Marital Settlement Agreement for Dissolution of Marriage with No Dependent or Minor Child(ren), Florida Supreme Court Approved Family Law Form 12.902(f)(2), if you have reached an agreement on any or all of the issues. • Notice of Social Security Number, Florida Supreme Court Approved Family Law Form 12.902(j). • Family Law Financial Affidavit, Florida Family Law Rules of Procedure Form 12.902(b) or (c). (This must be filed within 45 days of service of the petition on you, if not filed at the time you file this answer.) • Certificate of Compliance with Mandatory Disclosure, Florida Family Law Rules of Procedure Form 12.932. (This must be filed within 45 days of *197 service of the petition on you, if not filed at the time you file this answer, unless you and the other party have agreed not to exchange these documents.) Parenting and Time-Sharing... By filing this answer and waiver, you are agreeing to any parenting and time-sharing requests in the petition. The judge may request a parenting plan recommendation or appoint a guardian ad litem in your case. This means that a neutral person will review your situation and report to the judge concerning parenting issues. The purpose of such intervention is to be sure that the best interests of the child(ren) is (are) being served. For more information, you may consult section 61.13, Florida Statutes. A parenting course must be completed prior to entry of a final judgment. You should contact the clerk, family law intake staff, or judicial assistant about requirements for parenting courses where you live. Listed below are some terms with which you should become familiar before completing your answer to the petition. If you do not fully understand any of the terms below or their implications, you should speak with an attorney before going any further. • Shared Parental Responsibility • Sole Parental Responsibility • Supervised Time-Sharing • No contact • Parenting Plan • Parenting Plan Recommendation • Time-Sharing Schedule Child Support... By filing this answer and waiver, you are agreeing to any child support requests in the petition. The court may order one parent to pay child support to assist the other parent in meeting the child(ren)'s material needs. Both parents are required to provide financial support, but one parent may be ordered to pay a portion of his or her support for the child(ren) to the other parent. Florida has adopted guidelines for determining the amount of child support to be paid. These guidelines are based on the combined income of both parents and take into account the financial contributions of both parents. You must file a Family Law Financial Affidavit, Florida Family Law Rules of Procedure Form 12.902(b) or (c), and your spouse will be required to do the same. From your financial affidavits, you should be able to calculate the amount of child support that should be paid using the Child Support Guidelines Worksheet, Florida Family Law Rules of Procedure Form 12.902(e). Because the child support guidelines take several factors into consideration, change over time, and vary from state to state, your child support obligation may be more or less than that of other people in seemingly similar situations. Alimony... By filing this answer and waiver, you are agreeing to any alimony requests in the petition. Alimony may be awarded to a spouse if the judge finds that he or she needs it and that the other spouse has the ability to pay it. If you want alimony, you must request it in writing in a counterpetition and should not use this form. If you do not request alimony in writing before the final hearing, it is waived (you may not request it later). You may request either permanent alimony, lump sum alimony, or rehabilitative alimony. Marital/Nonmarital Assets and Liabilities... Florida law requires an equitable distribution of marital assets and marital liabilities. "Equitable" does not necessarily mean "equal." Many factors, *198 including child support, time-sharing and alimony awards, may lead the court to make an unequal (but still equitable) distribution of assets and liabilities. Nonmarital assets and nonmarital liabilities are those assets and liabilities which the parties agree or the court determines belong to, or are the responsibility of, only one of the parties. By filing this answer and waiver, you are agreeing to any requests in the petition regarding division of assets and liabilities. Final Judgment... You should receive a copy of the Final Judgment in the mail. If, for some reason you do not, you should call the clerks office to request a copy. It is important for you to review a copy of the Final Judgment in your case to see what happened and to know what you must do and what you are entitled to receive. Nonlawyer... Remember, a person who is NOT an attorney is called a nonlawyer. If a nonlawyer helps you fill out these forms, that person must give you a copy of a Disclosure from Nonlawyer, Florida Family Law Rules of Procedure Form 12.900(a), before he or she helps you. A nonlawyer helping you fill out these forms also must put his or her name, address, and telephone number on the bottom of the last page of every form he or she helps you complete. Florida Supreme Court Approved Family Law Form 12.903(a), Answer, Waiver, and Request for Copy of Final Judgment of Dissolution of Marriage (03/09) IN THE CIRCUIT COURT OF THE ____________________________ JUDICIAL CIRCUIT, IN AND FOR _________________________ COUNTY, FLORIDA Case No.: ___________________________ Division: ___________________________ ________________________________________, Petitioner, and ________________________________________, Respondent. ANSWER, WAIVER, AND REQUEST FOR COPY OF FINAL JUDGMENT OF DISSOLUTION OF MARRIAGE I, { full legal name } ___________, Respondent, being sworn, certify that the following information is true: 1. Respondent answers the Petition for Dissolution of Marriage filed in this action and admits all the allegations. By admitting all of the allegations in the petition, respondent agrees to all relief requested in the petition including any requests regarding parenting and time-sharing, child support, alimony, distribution of marital assets and liabilities, and temporary relief. 2. Respondent waives notice of hearing as well as all future notices in connection with the Petition for Dissolution of Marriage, as filed. Respondent also waives appearance at the final hearing. 3. Respondent requests that a copy of the Final Judgment of Dissolution of Marriage entered in this case be forwarded to Respondent at the address below. *199 4. If this case involves minor child(ren), a completed Uniform Child Custody Jurisdiction and Enforcement Act (UCCJEA) Affidavit, Florida Supreme Court Approved Family Law Form 12.902(d), is filed with this answer. 5. A completed Notice of Social Security Number, Florida Supreme Court Approved Family Law Form 12.902(j), is filed with this answer. A completed Family Law Financial Affidavit, Florida Family Law Rules of Procedure Form 12.902(b) or (c), is filed with this answer. I certify that a copy of this document was [✓ one only] () mailed () faxed and mailed () hand delivered to the person(s) listed below on { date } _______________________________________________________________________. Other party or his/her attorney: Name: ____________________________ Address: _________________________ City, State, Zip: ________________ Fax Number: ______________________ I understand that I am swearing or affirming under oath to the truthfulness of the claims made in this answer and waiver and that the punishment for knowingly making a false statement includes fines and/or imprisonment. Dated: _____________________ ________________________________________ Signature of Respondent Printed Name: __________________________ Address: _______________________________ City, State, Zip: ______________________ Telephone Number: ______________________ Fax Number: ____________________________ STATE OF FLORIDA COUNTY OF _____________________ Sworn to or affirmed and signed before me _________ on by _________________. _____________________________________________________________ NOTARY PUBLIC or DEPUTY CLERK _____________________________________________________________ [Print, type, or stamp commissioned name of notary or clerk.] ____ Personally known ____ Produced identification Type of identification produced _______________________ IF A NONLAWYER HELPED YOU FILL OUT THIS FORM, HE/SHE MUST FILL IN THE BLANKS BELOW: [fill in all blanks] I, { full legal name and trade name of nonlawyer } ______________________________________, a nonlawyer, located at { street } ______________________, { city } ___________________, { state } ________, { phone } ________, helped { name } ________________________, who is the respondent, fill out this form. *200 INSTRUCTIONS FOR FLORIDA SUPREME COURT APPROVED FAMILY LAW FORM 12.903(b), ANSWER TO PETITION FOR DISSOLUTION OF MARRIAGE (03/09) When should this form be used? This form should be used when you are responding to a petition for dissolution of marriage and you wish to admit or deny all of the allegations in the petition but you do not plan to file a counterpetition seeking relief. You can use this form to answer any petition for dissolution of marriage, whether or not there are minor child(ren). This form should be typed or printed in black ink. After completing this form, you should sign the form before a notary public or deputy clerk. You should file the original with the clerk of the circuit court in the county where the petition was filed and keep a copy for your records. This must be done within 20 days of receiving the petition. What should I do next? A copy of this form, along with all of the other forms required with this answer, must be mailed or hand delivered to the other party in your case. You have 20 days to answer after being served with the other party's petition. After you file your answer, the case will generally proceed in one of the following two ways: UNCONTESTED... If you file an answer that agrees with everything in the other party's petition and you have complied with mandatory disclosure and filed all of the required papers, either party may call the clerk, family law intake staff, or judicial assistant to set a final hearing. If you request the final hearing, you must notify the other party of the hearing by using a Notice of Hearing (General), Florida Supreme Court Approved Family Law Form 12.923, or other appropriate notice of hearing form. CONTESTED... If you file an answer which disagrees with or denies anything in the petition, and you are unable to settle the disputed issues, either party may file a Notice for Trial, Florida Supreme Court Approved Family Law Form 12.924, after you have complied with mandatory disclosure and filed all of the required papers. Some circuits may require the completion of mediation before a final hearing may be set. You should contact the clerk, family law intake staff, or judicial assistant for instructions on how to set your case for trial (final hearing). Where can I look for more information? Before proceeding, you should read "General Information for Self-Represented Litigants" found at the beginning of these forms. The words that are in "bold underline" in these instructions are defined there. See chapter 61, Florida Statutes, for more information. Special notes... With this form, you must also file the following: • Uniform Child Custody Jurisdiction and Enforcement Act (UCCJEA) Affidavit, Florida Supreme Court Approved Family Law Form 12.902(d), if the case involves a dependent or minor child(ren). • Child Support Guidelines Worksheet, Florida Family Law Rules of Procedure Form 12.902(e), if the case involves a dependent or minor child(ren). (If you do not know the other party's income, you may file this *201 worksheet after his or her financial affidavit has been served on you). • Marital Settlement Agreement for Dissolution of Marriage with Dependent or Minor Child(ren), Florida Supreme Court Approved Family Law Form 12.902(f)(1), or Marital Settlement Agreement for Dissolution of Marriage with Property but No Dependent or Minor Child(ren), Florida Supreme Court Approved Family Law Form 12.902(f)(2), if you have reached an agreement on any or all of the issues. • Notice of Social Security Number, Florida Supreme Court Approved Family Law Form 12.902(j). • Family Law Financial Affidavit, Florida Family Law Rules of Procedure Form 12.902(b) or (c). (This must be filed within 45 days of service of the petition on you, if not filed at the time you file this answer.) • Certificate of Compliance with Mandatory Disclosure, Florida Family Law Rules of Procedure Form 12.932. (This must be filed within 45 days of service of the petition on you, if not filed at the time you file this answer, unless you and the other party have agreed not to exchange these documents.) Parenting and Time-sharing... If you and your spouse are unable to agree on parenting arrangements and a time-sharing schedule, a judge will decide for you as part of establishing a Parenting Plan. The judge will decide the parenting arrangements and time-sharing schedule based on the child(ren)'s best interests. Regardless of whether there is an agreement, the court reserves jurisdiction to modify issues relating to the minor child(ren). The judge may request a parenting plan recommendation or appoint a guardian ad litem in your case. This means that a neutral person will review your situation and report to the judge concerning parenting issues. The purpose of such intervention is to be sure that the best interests of the child(ren) is (are) being served. For more information, you may consult section 61.13, Florida Statutes. A parenting course must be completed prior to the entry of a final judgment. You should contact the clerk, family law intake staff, or judicial assistant about requirements for parenting courses where you live. Listed below are some terms with which you should become familiar before completing your answer to the petition. If you do not fully understand any of the terms below or their implications, you should speak with an attorney before going any further. • Shared Parental Responsibility • Sole Parental Responsibility • Supervised Time-Sharing • No contact • Parenting Plan • Parenting Plan Recommendation • Time-Sharing Schedule Child Support... The court may order one parent to pay child support to assist the other parent in meeting the child(ren)'s material needs. Both parents are required to provide financial support, but one parent may be ordered to pay a portion of his or her support for the child(ren) to the other parent. Florida has adopted guidelines for determining the amount of child support to be paid. These guidelines are based on the combined income of both parents and take into account the financial contributions of both parents and the number of overnights the child(ren) spend with each parent. You *202 must file a Family Law Financial Affidavit, Florida Family Law Rules of Procedure Form 12.902(b) or (c), and your spouse will be required to do the same. From your financial affidavits, you should be able to calculate the amount of child support that should be paid using the Child Support Guidelines Worksheet, Florida Family Law Rules of Procedure Form 12.902(e). Because the child support guidelines take several factors into consideration, change over time, and vary from state to state, your child support obligation may be more or less than that of other people in seemingly similar situations. Alimony... Alimony may be awarded to a spouse if the judge finds that he or she needs it and that the other spouse has the ability to pay it. If you want alimony, you must request it in writing in a counterpetition. Florida Supreme Court Approved Family Law Form 12.903(c)(1) (with dependent or minor child(ren)), or Florida Supreme Court Approved Family Law Form 12.903(c)(2) (no dependent or minor child(ren)). If you do not request alimony in writing before the final hearing, it is waived (you may not request it later). Marital/Nonmarital Assets and Liabilities... Florida law requires an equitable distribution of marital assets and marital liabilities. "Equitable" does not necessarily mean "equal." Many factors, including child support, any parenting plan and time-sharing schedule, and alimony awards, may lead the court to make an unequal (but still equitable) distribution of assets and liabilities. Nonmarital assets and nonmarital liabilities are those assets and liabilities which the parties agree or the court determines belong to, or are the responsibility of, only one of the parties. If the parties agree or the court finds an asset or liability to be nonmarital, the judge will not consider it when distributing marital assets and liabilities. Temporary Relief... If you need temporary relief regarding temporary use of assets, temporary responsibility for liabilities, parental responsibility and time-sharing with child(ren), temporary child support, or temporary alimony, you may file a Motion for Temporary Support and Time-Sharing with Dependent or Minor Child(ren), Florida Supreme Court Approved Family Law Form 12.947(a), or, if there are no dependent or minor child(ren), Motion for Temporary Support with No Dependent or Minor Child(ren), Florida Supreme Court Approved Family Law Form 12.947(c). For more information, see the instructions for these forms. Marital Settlement Agreement... If you and your spouse are able to reach an agreement on any or all of the issues, you should file a Marital Settlement Agreement for Dissolution of Marriage with Dependent or Minor Child(ren), Florida Supreme Court Approved Family Law Form 12.902(f)(1), or Marital Settlement Agreement for Dissolution of Marriage with No Dependent or Minor Child(ren), Florida Supreme Court Approved Family Law Form 12.902(f)(2). Both parties must sign this agreement before a notary public or deputy clerk. Any issues on which you are unable to agree will be considered contested and settled by the judge at the final hearing. Final Judgment Form... These family law forms contain a Final Judgment of Dissolution of Marriage with Dependent or Minor Child(ren), Florida Supreme Court Approved Family Law Form 12.990(c)(1), and Final Judgment of Dissolution of Marriage with Property but No Dependent or Minor Child(ren), Florida Supreme Court Approved Family Law Form 12.990(c)(2), which the judge may use if your case is contested. If you and *203 your spouse reach an agreement on all of the issues, the judge may use Final Judgment of Dissolution of Marriage with Dependent or Minor Child(ren) (Uncontested), Florida Supreme Court Approved Family Law Form 12.990(b)(1), Final Judgment of Dissolution of Marriage with Property but No Dependent or Minor Child(ren) (Uncontested), Florida Supreme Court Approved Family Law Form 12.990(b)(2), or Final Judgment of Dissolution of Marriage with No Property and No Dependent or Minor Child(ren), Florida Supreme Court Approved Family Law Form 12.990(b)(3). You should check with the clerk, family law intake staff, or judicial assistant to see if you need to bring a final judgment with you to the hearing. If so, you should type or print the heading, including the circuit, county, case number, division, and the parties names, and leave the rest blank for the judge to complete at your hearing or trial. Nonlawyer... Remember, a person who is NOT an attorney is called a nonlawyer. If a nonlawyer helps you fill out these forms, that person must give you a copy of a Disclosure from Nonlawyer, Florida Family Law Rules of Procedure Form 12.900(a), before he or she helps you. A nonlawyer helping you fill out these forms also must put his or her name, address, and telephone number on the bottom of the last page of every form he or she helps you complete. Florida Supreme Court Approved Family Law Form 12.903(b), Answer to Petition for Dissolution of Marriage (03/09) IN THE CIRCUIT COURT OF THE _______________________ JUDICIAL CIRCUIT, IN AND FOR _______________________ COUNTY, FLORIDA Case No.: ________________________ Division: ________________________ _______________________________________ Petitioner, and _______________________________________, Respondent. ANSWER TO PETITION FOR DISSOLUTION OF MARRIAGE I, { {full legal name } _____________, Respondent, being sworn, certify that the following information is true: 1. I agree with Petitioner as to the allegations raised in the following numbered paragraphs in the Petition and, therefore, admit those allegations: { indicate section and paragraph number } ____________________________________________________________________________________________________________ ____________________________________________________________________________________________________________ 2. I disagree with Petitioner as to the allegations raised in the following numbered paragraphs in the Petition and, therefore, deny those allegations: { indicate section and paragraph number } ___________________________________________________________________________________________________________ ___________________________________________________________________________________________________________ 3. I currently am unable to admit or deny the allegations raised in the following paragraphs due to lack of information: { indicate section and paragraph number } __________________________________ ________________________________________________________________________________________________________ *204 4. If this case involves a dependent or minor child(ren), a completed Uniform Child Custody Jurisdiction and Enforcement Act (UCCJEA) Affidavit, Florida Supreme Court Approved Family Law Form 12.902(d), is filed with this answer. 5. If this case involves a dependent or minor child(ren), a completed Child Support Guidelines Worksheet, Florida Family Law Rules of Procedure Form 12.902(e), is [✓ one only] () filed with this answer or () will be filed after the other party serves his or her financial affidavit. 6. A completed Notice of Social Security Number, Florida Supreme Court Approved Family Law Form 12.902(j), is filed with this answer. 7. A completed Family Law Financial Affidavit, Florida Family Law Rules of Procedure Form 12.902(b) or (c), [✓ one only] () is filed with this answer or () will be timely filed. I certify that a copy of this document was [✓ one only] () mailed () faxed and mailed () hand delivered to the person(s) listed below on { date } __________________________________________________________________________. Petitioner or his/her attorney: Name: ______________________________ Address: ___________________________ City, State, Zip: __________________ Fax Number: ________________________ I understand that I am swearing or affirming under oath to the truthfulness of the claims made in this answer and that the punishment for knowingly making a false statement includes fines and/or imprisonment. Dated: __________________ ______________________________________ Signature of Respondent Printed Name: ________________________ Address: _____________________________ City, State, Zip: ____________________ Telephone Number: ____________________ Fax Number: __________________________ STATE OF FLORIDA COUNTY OF ________________ Sworn to or affirmed and signed before me on _________ by _________________. _____________________________________________________________ NOTARY PUBLIC or DEPUTY CLERK _____________________________________________________________ [Print, type, or stamp commissioned name of notary or clerk.] ____ Personally known ____ Produced identification Type of identification produced ______________________ IF A NONLAWYER HELPED YOU FILL OUT THIS FORM, HE/SHE MUST FILL IN THE BLANKS BELOW: [fill in all blanks] I, { full legal name and trade name of nonlawyer } ________________________________, a nonlawyer, located at { street } ______________, { city } _____________________, { state } __________, { phone } _________, helped { name } _______________, who is the respondent, fill out this form. *205 INSTRUCTIONS FOR FLORIDA SUPREME COURT APPROVED FAMILY LAW FORM 12.903(c)(1), ANSWER TO PETITION AND COUNTERPETITION FOR DISSOLUTION OF MARRIAGE WITH DEPENDENT OR MINOR CHILD(REN) (03/09) When should this form be used? This form should be used when you are responding to a petition for dissolution of marriage with dependent or minor child(ren) and you are asking the court for something not contained in the petition. The answer portion of this form is used to admit or deny the allegations contained in the petition, and the counterpetition portion of this form is used to ask for whatever you want the court to do for you. This form should be typed or printed in black ink. After completing this form, you should sign the form before a notary public or deputy clerk. You should file the original with the clerk of the circuit court in the county where the petition was filed and keep a copy for your records. What should I do next? You have 20 days to answer after being served with the other party's petition. A copy of this form must be mailed or hand delivered to the other party. After you file an answer and counterpetition your case will then generally proceed as follows: The other party is required to answer your counterpetition within 20 days using an Answer to Counterpetition, Florida Supreme Court Approved Family Law Form 12.903(d). UNCONTESTED... Your dissolution is uncontested if you and your spouse agree on all issues raised in the petition and the counterpetition. If this is the case, and you and the other party have complied with mandatory disclosure and filed all of the required papers, either party may call the clerk, family law intake staff, or judicial assistant to set a final hearing. If you request the hearing, you must notify the other party of the hearing by using a Notice of Hearing (General), Florida Supreme Court Approved Family Law Form 12.923, or other appropriate notice of hearing form. CONTESTED... Your dissolution is contested if you and your spouse disagree on any issues raised in the petition or counterpetition. If you are unable to settle the disputed issues, either party may file a Notice for Trial, Florida Supreme Court Approved Family Law Form 12.924, after you have complied with mandatory disclosure and filed all of the required papers. Some circuits may require the completion of mediation before a final hearing may be set. You should contact the clerk, family law intake staff, or judicial assistant for instructions on how to set your case for trial (final hearing). Where can I look for more information? Before proceeding, you should read General Information for Self-Represented Litigants found at the beginning of these forms. The words that are in bold underline in these instructions are defined there. For further information, see chapter 61, Florida Statutes. Special notes... With this form, you must also file the following: • Uniform Child Custody Jurisdiction and Enforcement Act (UCCJEA) Affidavit, Florida Supreme Court Approved Family Law Form 12.902(d) *206 • Child Support Guidelines Worksheet, Florida Family Law Rules of Procedure Form 12.902(e). (If you do not know the other party's income, you may file this worksheet after his or her financial affidavit has been served on you.) • Affidavit of Corroborating Witness, Florida Supreme Court Approved Family Law Form 12.902(i) OR photocopy of current Florida drivers license, Florida identification card, or voters registration card (issue date of copied document must be at least six months before date case is actually filed with the clerk of the circuit court). • Marital Settlement Agreement for Dissolution of Marriage with Dependent or Minor Child(ren), Florida Supreme Court Approved Family Law Form 12.902(f)(1), if you have reached an agreement on any or all of the issues. • Parenting Plan, Florida Supreme Court Approved Family Law Form 12.995(a) or Supervised/Safety Focused Parenting Plan, Form 12.995(b). If the parents have reached an agreement, a signed and notarized Parenting Plan should be attached. If the parents have not reached an agreement, a proposed Parenting Plan may be filed. • Notice of Social Security Number, Florida Supreme Court Approved Family Law Form 12.902(j). • Family Law Financial Affidavit, Florida Family Law Rules of Procedure Form 12.902(b) or (c). (This must be filed within 45 days of service of the petition on you, if not filed at the time you file this answer.) • Certificate of Compliance with Mandatory Disclosure, Florida Family Law Rules of Procedure Form 12.932. (This must be filed within 45 days of service of the petition on you, if not filed at the time you file this answer, unless you and the other party have agreed not to exchange these documents.) Parenting Plan and Time-Sharing... If you and your spouse are unable to agree on parenting arrangements and a time-sharing schedule, a judge will decide for you as part of establishing a Parenting Plan. The judge will decide the parenting arrangements and time-sharing schedule based on the child(ren)'s best interests. Regardless of whether there is an agreement, the court reserves jurisdiction to modify issues relating to the minor child(ren). The judge may request a parenting plan recommendation or appoint a guardian ad litem in your case. This means that a neutral person will review your situation and report to the judge concerning parenting issues. The purpose of such intervention is to be sure that the best interests of the child(ren) is (are) being served. For more information, you may consult section 61.13, Florida Statutes. A parenting course must be completed prior to entry of the final judgment. You should contact the clerk, family law intake staff, or judicial assistant about requirements for parenting courses or mediation where you live. Listed below are some terms with which you should become familiar before completing your petition. If you do not fully understand any of the terms below or their implications, you should speak with an attorney before going any further. • Shared Parental Responsibility • Sole Parental Responsibility • Supervised Time-Sharing *207 • No contact • Parenting Plan • Parenting Plan Recommendation • Time-Sharing Schedule Child Support... The court may order one parent to pay child support to assist the other parent in meeting the child(ren)'s material needs. Both parents are required to provide financial support, but one parent may be ordered to pay a portion of his or her support for the child(ren) to the other parent. Florida has adopted guidelines for determining the amount of child support to be paid. These guidelines are based on the combined income of both parents and take into account the financial contributions of both parents. You must file a Family Law Financial Affidavit, Florida Family Law Rules of Procedure Form 12.902(b) or (c), and your spouse will be required to do the same. From your financial affidavits, you should be able to calculate the amount of child support that should be paid using the Child Support Guidelines Worksheet, Florida Family Law Rules of Procedure Form 12.902(e). Because the child support guidelines take several factors into consideration, change over time, and vary from state to state, your child support obligation may be more or less than that of other people in seemingly similar situations. Alimony... Alimony may be awarded to a spouse if the judge finds that he or she needs it and that the other spouse has the ability to pay it. If you want alimony, you must request it in writing in your counterpetition. If you do not request alimony in writing before the final hearing, it is waived (you may not request it later). You may request either permanent alimony, lump sum alimony, or rehabilitative alimony. Marital/Nonmarital Assets and Liabilities... Florida law requires an equitable distribution of marital assets and marital liabilities. Equitable does not necessarily mean equal. Many factors, including child support, time-sharing and alimony awards, may lead the court to make an unequal (but still equitable) distribution of assets and liabilities. Non-marital assets and nonmarital liabilities are those assets and liabilities which the parties agree or the court determines belong to, or are the responsibility of, only one of the parties. If the parties agree or the court finds an asset or liability to be nonmarital, the judge will not consider it when distributing marital assets and liabilities. Parenting Plan... In all cases involving minor or dependent child(ren), a Parenting Plan shall be approved or established by the court. If you and your spouse have reached an agreement, you should file a Parenting Plan, Florida Supreme Court Approved Family Law Form 12.995(a), or a Supervised/Safety Focused Parenting Plan, Florida Supreme Court Approved Family Law Form 12.995(b) which addresses the time-sharing schedule for the child(ren). If you have not reached an agreement, a proposed Parenting Plan may be filed. A Parenting Plan will be established by the court. Temporary Relief... If you need temporary relief regarding temporary use of assets, temporary responsibility for liabilities, parental responsibility and time-sharing with child(ren), temporary child support, or temporary alimony, you may file a Motion for Temporary Support and Time-Sharing with Dependent or Minor Child(ren), Florida Supreme Court Approved Family Law Form 12.947(a). For more information, see the instructions for that form. *208 Marital Settlement Agreement... If you and your spouse are able to reach an agreement on any or all of the issues, you should file a Marital Settlement Agreement for Dissolution of Marriage with Dependent or Minor Child(ren), Florida Supreme Court Approved Family Law Form 12.902(f)(1). Both parties must sign this agreement before a notary public or deputy clerk. Any issues on which you are unable to agree will be considered contested and settled by the judge at the final hearing. Final Judgment Form... These family law forms contain a Final Judgment of Dissolution of Marriage with Dependent or Minor Child(ren), Florida Supreme Court Approved Family Law Form 12.990(c)(1), which the judge may use if your case is contested. If you and your spouse reach an agreement on all of the issues, the judge may use a Final Judgment of Dissolution of Marriage with Dependent or Minor Child(ren) (Uncontested), Florida Supreme Court Approved Family Law Form 12.990(b)(1). You should check with the clerk, family law intake staff, or judicial assistant to see if you need to bring a final judgment with you to the hearing. If so, you should type or print the heading, including the circuit, county, case number, division, and the parties names, and leave the rest blank for the judge to complete at your hearing or trial. Nonlawyer... Remember, a person who is NOT an attorney is called a nonlawyer. If a nonlawyer helps you fill out these forms, that person must give you a copy of a Disclosure from Nonlawyer, Florida Family Law Rules of Procedure Form 12.900(a), before he or she helps you. A nonlawyer helping you fill out these forms also must put his or her name, address, and telephone number on the bottom of the last page of every form he or she helps you complete. Florida Supreme Court Approved Family Law Form 12.903(c)(1), Answer to Petition and Counterpetition for Dissolution of Marriage with Dependent or Minor Child(ren) (03/09) IN THE CIRCUIT COURT OF THE __________________________ JUDICIAL CIRCUIT, IN AND FOR ________________________ COUNTY, FLORIDA Case No.: _____________________________ Division: _____________________________ ___________________________________________ Petitioner/Counter respondent, and __________________________________________, Respondent/Counter petitioner. ANSWER TO PETITION AND COUNTERPETITION FOR DISSOLUTION OF MARRIAGE WITH DEPENDENT OR MINOR CHILD(REN) I, { full legal name } ______________, Respondent, being sworn, certify that the following information is true: ANSWER TO PETITION *209 1. I agree with Petitioner as to the allegations raised in the following numbered paragraphs in the Petition and, therefore, admit those allegations: { indicate section and paragraph number } ________________________________________________________________________________________________________________ ________________________________________________________________________________________________________________. 2. I disagree with Petitioner as to the allegations raised in the following numbered paragraphs in the Petition and, therefore, deny those allegations: { indicate section and paragraph number } ________________________________________________________________________________________________________________ ________________________________________________________________________________________________________________. 3. I currently am unable to admit or deny the following paragraphs due to lack of information: { indicate section and paragraph number } _______________________________________________________________ ________________________________________________________________________________________________________________. COUNTERPETITION FOR DISSOLUTION OF MARRIAGE WITH MINOR CHILD(REN) 1. JURISDICTION/RESIDENCE () Husband () Wife () Both has (have) lived in Florida for at least 6 months before the filing of this Petition for Dissolution of Marriage. 2. Petitioner [✓ one only] () is () is not a member of the military service. Respondent [✓ one only] () is () is not a member of the military service. 3. MARRIAGE HISTORY Date of marriage: { month, day, year } _________________________________ Place of marriage: { city, state, country } ____________________________ Date of separation: { month, day, year } ________________ (indicate if approximate) 4. DEPENDENT OR MINOR CHILD(REN) [✓ all that apply] a. ____ The wife is pregnant. Baby is due on: { date } ___________________ b. ____ The minor (under 18) child(ren) common to both parties are: Name Place of Birth Birth date Sex _________________ ______________ _______________ _________ _________________ ______________ _______________ _________ _________________ ______________ _______________ _________ _________________ ______________ _______________ _________ _________________ ______________ _______________ _________ _________________ ______________ _______________ _________ c. ____ The minor child(ren) born or conceived during the marriage who are not common to both parties are: Name Place of Birth Birth date Sex _________________ ______________ _______________ _________ _________________ ______________ _______________ _________ The birth father(s) of the above minor child(ren) is (are) { name and address } ______________ __________________________________________________________________________________________________________ d. ____ The child(ren) common to both parties who are 18 or older but who are dependent upon the parties due to a mental or physical disability are: Name Place of Birth Birth date Sex _________________ ______________ _______________ _________ _________________ ______________ _______________ _________ 5. A completed Uniform Child Custody Jurisdiction and Enforcement Act (UCCJEA) Affidavit, Florida Supreme Court Approved Family Law Form 12.902(d), is filed with this counterpetition. You must complete and attach this form in a dissolution of marriage with minor child(ren). 6. A completed Notice of Social Security Number, Florida Supreme Court Approved Family Law Form 12.902(j), is filed with this counterpetition. *210 7. This counterpetition for dissolution of marriage should be granted because: [one only] a. ____ The marriage is irretrievably broken. b. ____ One of the parties has been adjudged mentally incapacitated for a period of 3 years prior to the filing of this counterpetition. A copy of the Judgment of Incapacity is attached. SECTION I. MARITAL ASSETS AND LIABILITIES [one only] 1. ____ There are no marital assets or liabilities. 2. ____ There are marital assets or liabilities. All marital and nonmarital assets and liabilities are (or will be) listed in the financial affidavits, Florida Family Law Rules of Procedure Form 12.902(b) or (c), to be filed in this case. [all that apply] a. ____ All marital assets and liabilities have been divided by a written agreement between the parties, which is attached to be incorporated into the [Text truncated at 120,000 characters. The full text is on the page linked above.] --- Source: Frix Law Library, https://www.frixlaw.com/law-library/cases/1559748. Public record. Not legal advice.