Florida Divorce Forms

• Forms to start divorce
• Forms to respond to divorce
• Forms for couples with children
• Spousal support and property forms
• Forms to finalize your divorce

To get divorced in Florida, you must first understand and fill out the forms required for this legal process. The forms must be completed accurately to ensure a smooth process. These documents serve as the foundation of your case, outlining everything from your property division agreement, child custody arrangements, spousal support plans, and more.

Do you meet the residency requirements to get divorced in Florida? Click here to find out.

What forms do I need to get started?

To start a divorce process in Florida, you need several forms, which you can find on its Florida Courts website. Some of the most important include:

• Petition for Dissolution of Marriage: The initial document that starts the divorce process. (Depending on your situation, you might need a Petition for Simplified Dissolution of marriage or a variant of that. The link below will take you to all of these forms.)
• Summons: Personal Service on an Individual: This form notifies your spouse that they are a party to divorce in Florida.
• Financial Affidavit: This form details your financial situation. There are two forms: one for income above $50,000 and one for income below $50,000.
• Notice of Social Security Number: This form provides your Social Security number to the court and keeps it confidential.
• Family Law Financial Affidavit (Short Form): If your individual gross annual income is under $50,000, use this form to disclose your financial information.
• Family Law Financial Affidavit (Long Form): If your individual gross annual income is $50,000 or more, use this form instead.
• Marital Settlement Agreement: This document outlines the terms of your divorce agreement. There are two forms: one for divorces with dependent children or minor children and one for those without.
• Uniform Child Custody Jurisdiction and Enforcement Act (UCCJEA) Affidavit: If you have minor children, this form discloses information about the children's residences over the past five years.
• Parenting Plan: If you have minor children, this plan outlines how you'll share parental responsibilities and time-sharing.

All of these forms can be found on the Florida Courts website. Additional forms may be required based on your specific circumstances.

Watch: Essential Divorce Forms & Tips: Florida Financial Affidavit

What forms do I need to respond to a divorce petition?

If you've been served with a divorce petition in the state of Florida, you are the respondent, and it's important to respond appropriately. Here are some of the key forms you'll need. You can find the rest here.

• Answer to Petition: This form allows you to respond to each statement in the divorce petition. There are three versions, depending on whether you have children and property.
• Counter-Petition for Dissolution of Marriage: This form is optional. It allows you to make your own demands if you disagree with the requests your spouse made in the original petition. There are three versions, depending on whether you have children and property.
• Financial Affidavit: This form details your financial situation. There are two forms: one for income above $50,000 and one for income below $50,000.
• Certificate of Compliance with Mandatory Disclosure: This form certifies that you have provided the necessary financial information to your spouse.
• Marital Settlement Agreement: If you and your spouse can agree on terms, this document outlines the terms of your divorce agreement. There are two forms, including one for divorces with dependent or minor children.

Links to these documents can be found on the Florida Courts website here.

Forms for couples with children

If a couple with children is proceeding with a divorce in Florida, several forms are necessary. Here are some key ones:

• Petition for Dissolution of Marriage with Dependent or Minor Child(ren): This form starts the divorce process and includes provisions for child custody, visitation, and child support.
• Family Law Financial Affidavit: This form details your financial situation. There is one form for income above $50,000 and one for income below $50,000.
• Marital Settlement Agreement for Dissolution of Marriage with Dependent or Minor Child(ren): This form outlines the terms of your divorce agreement, including arrangements for children.
• Uniform Child Custody Jurisdiction and Enforcement Act (UCCJEA) Affidavit: This form discloses information about the children's residences over the past five years.
• Parenting Plan: This plan outlines how you'll share parental responsibilities and time-sharing. There are three versions of this form.
• Child Support Guidelines Worksheet: This form is used to calculate the amount of child support to be paid.

Forms for spousal support

If you are asking for spousal support in Florida, there are several forms you may need. These include the appropriate financial affidavit form, possibly a Marital Settlement Agreement, and others we've already discussed.

The new form you'll need if you want spousal support, or alimony, is the Petition for Support. This form is used when you are married and living apart from your spouse. It's used to determine your rights regarding support. See the aforementioned Florida Courts page for this form.

Dividing your property and debt

In Florida, the process of property and debt division during a divorce follows the principle of equitable distribution. This means that all marital assets (property acquired during the marriage) and debts are divided between the spouses in a manner that is fair but not necessarily equal, or 50/50.

What the court considers

If the court decides the distribution, it considers several factors. These include the economic circumstances of each spouse, the duration of the marriage, and any contributions each person made to the acquisition of the marital assets. This includes contributions a spouse might make as a homemaker or stay-at-home parent.

What marital property is

Marital property can include real estate, personal property, and financial assets acquired during the marriage, regardless of whose name is on the title. Gifts between spouses or inheritances specifically to one spouse may not be considered marital property.

Debts are treated similarly. Generally, any debt incurred by either spouse during the marriage is considered a joint obligation. This could include mortgages, car loans, credit card debts, and other liabilities.

Non-marital assets and debts, those acquired before the marriage, are typically not subject to division and remain with the original owner. However, increases in the value of non-marital assets during the marriage may be considered marital property.

It's essential to note that every situation is unique, and the courts have a certain degree of discretion in making these decisions.

Finalizing your divorce

Besides the documents already discussed, there are two documents you'll want upon finalizing your divorce.

• Divorce Decree: This is the final court document that formally ends your marriage. It summarizes the rights and duties of each party following the divorce.
• Certificate of Divorce: This is the official certificate from the clerk that proves you're divorced. You can also get certified copies of your divorce decree. You'll need this to change your name and bank account information. You’ll also need it for other steps to begin your fresh start.

Additional form you may need

• Request to Enter Default: If your spouse fails to respond to the divorce petition within the required timeframe, you can request a default judgment.

At Hello Divorce, we understand Florida divorce law, and we can help you if you have questions. To schedule a free 15-minute phone call, click here. Our account coordinators are happy to help make this process easier and less stressful.

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