Petition For Dissolution Of Marriage With Dependent Or Minor Child(Ren) Page 4
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11Alimony. 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 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), 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
Instructions for Florida Supreme Court Approved Family Law Form 12.901(b)(1), Petition for Dissolution of
Marriage with Dependent or Minor Child(ren) (10/11)
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