Yes, you can fill out Florida Family Law Form 12.901(b)(1) yourself if you and your spouse share at least one minor or dependent child, you meet Florida’s six-month residency rule under Fla. Stat. § 61.021, and your marriage is irretrievably broken. The form is the official Petition for Dissolution of Marriage with Dependent or Minor Child(ren), and it starts every contested or uncontested Florida divorce case that involves children.
Filing this petition is the first formal step toward ending a marriage, dividing property, setting timesharing, and ordering child support. According to the Florida Department of Health Vital Statistics report, Florida averages roughly 75,000 dissolutions every year, and a large share involve dependent children. Getting the petition right protects your timesharing rights, your money, and your child’s stability.
- ⚖️ How to confirm you qualify to file Form 12.901(b)(1) under Florida law
- 📝 Line-by-line instructions for every paragraph, checkbox, and signature block
- 👨👩👧 How to handle parenting plans, timesharing, and child support requests inside the petition
- 💰 The exact filing fees, service rules, and county clerk procedures you must follow
- 🚫 The most common mistakes that get petitions rejected, dismissed, or amended
What Florida Form 12.901(b)(1) Is and Who Must Use It
Florida Family Law Rules of Procedure Form 12.901(b)(1) is the Petition for Dissolution of Marriage with Dependent or Minor Child(ren). It is one of three petition forms approved by the Florida Supreme Court for ending a marriage. You use this specific version when you and your spouse share a child under 18, a child with a mental or physical disability who depends on you, or the wife is currently pregnant.
The form lives inside Florida Family Law Rule 12.040 and is governed by Chapter 61 of the Florida Statutes. The petition asks the court to dissolve the marriage, decide parental responsibility, set a timesharing schedule, order child support under the Florida Child Support Guidelines, divide property, and address alimony if asked.
The plain-English meaning is simple. You are telling the judge your marriage is over, you have kids, and here is what you want the court to order. The consequence of using the wrong petition form is a clerk rejection or a motion to dismiss filed by your spouse. A real example helps: when Maria in Tampa filed Form 12.901(b)(2) instead of (b)(1) for her marriage with two children, the clerk flagged the filing and she lost two weeks restarting the case. A common misconception is that any divorce form will work, but Florida courts require the exact form that matches your family situation.
Residency and Jurisdictional Requirements
You or your spouse must live in Florida for at least six months before filing under Fla. Stat. § 61.021. You prove residency with a Florida driver license, a Florida ID card, a voter registration card, or the sworn testimony of a corroborating witness. The case must be filed in the circuit court of the county where either spouse lives, following Fla. Stat. § 47.011.
The consequence of missing the six-month rule is automatic dismissal, even if the case has been pending for months. James, a software engineer who moved from Georgia to Jacksonville, filed at month five and lost his case on his spouse’s motion to dismiss. A common misconception is that owning Florida property satisfies residency, but the statute requires actual physical presence, not ownership.
Child-Related Triggers That Force Use of (b)(1)
You must use Form 12.901(b)(1) if any biological or adopted child of the marriage is under 18, if any child has a developmental or physical disability that prevents self-support, or if either spouse is pregnant on the filing date. Stepchildren you never adopted do not trigger the form, but adopted stepchildren do. The form also controls if a child support order from another case already exists.
The consequence of skipping (b)(1) when a child is involved is that the court cannot enter timesharing or child support orders, leaving the child legally unprotected. Ana in Orlando filed the no-children form because her son was about to turn 18, but the court ruled jurisdiction is set on the filing date and forced her to refile. A common misconception is that emancipated teens do not count, but Florida treats every child under 18 as a minor child until a formal court order says otherwise.
Where to Get the Form and What You Need Before You Start
Download the most current version of Form 12.901(b)(1) directly from the Florida Courts family law forms page. The form is updated periodically by the Florida Supreme Court, and clerks reject outdated versions. Always check the revision date in the bottom corner before you print.
You will need several documents in front of you. Gather your marriage certificate, every child’s birth certificate, your last three years of tax returns, recent pay stubs, current bank statements, retirement account statements, mortgage statements, vehicle titles, and any prior court orders involving the children. The Florida Family Law Financial Affidavit and a Uniform Child Custody Jurisdiction and Enforcement Act (UCCJEA) Affidavit must be filed alongside the petition.
The plain-English explanation is that the petition makes claims and the supporting documents prove them. The consequence of filing without the financial affidavit and UCCJEA affidavit is rejection at the clerk’s window, since Florida Family Law Rule 12.285 makes both mandatory. Carlos in Miami had to make four trips to the clerk because he kept forgetting one form, costing him three weeks. A common misconception is that you can file the petition first and the affidavits later, but the rule requires simultaneous filing for cases involving children.
Line-By-Line Instructions for Form 12.901(b)(1)
The petition runs roughly 12 pages and contains numbered paragraphs that mirror the statutory elements of a Florida divorce. You complete every applicable box, strike through anything that does not apply, and never leave a paragraph blank. The self-help instructions for Form 12.901(b)(1) explain each section in detail.
Caption, Case Number, and Division
The top of page one contains the caption with the circuit, the county, the case number, and the division. You leave the case number blank because the clerk assigns it when you file. You write your full legal name as Petitioner and your spouse’s full legal name as Respondent, exactly as they appear on the marriage certificate.
The consequence of using nicknames or maiden names is that future court orders may not match your identification documents, creating problems with banks, the DMV, and passport offices. Jennifer listed herself as “Jen” and later had to file a motion to correct scrivener’s error to fix every order. A common misconception is that the division is optional, but each circuit assigns family cases to a specific division, often labeled “FM” or “Domestic Relations.”
Paragraph 1: Jurisdictional Allegations
Paragraph 1 asks you to confirm Florida residency for at least six months before filing. You check the box that applies to you, the Petitioner, your spouse, the Respondent, or both. You then state the county where the petition is filed, which must be where one spouse currently lives.
The consequence of misstating residency is dismissal under Fla. Stat. § 61.021. Robert checked the wrong box and his spouse used it as evidence of fraud at trial. A common misconception is that the six months can include time before marriage, which is true so long as the residency itself is unbroken.
Paragraph 2: Marriage Information
Paragraph 2 records the date and place of marriage exactly as listed on the marriage certificate. You also state whether the marriage is irretrievably broken or whether one spouse is mentally incapacitated for at least three years, which are the only two grounds allowed under Fla. Stat. § 61.052.
The consequence of guessing the marriage date is that the court may pull the certificate and dismiss for misrepresentation. Linda wrote 1998 instead of 1997 and her judge ordered an amended petition before proceeding. A common misconception is that you can claim “fault” grounds like adultery, but Florida is a no-fault state, although adultery can affect alimony and equitable distribution.
Paragraph 3: Children of the Marriage
Paragraph 3 lists every minor or dependent child by full legal name, date of birth, and last four digits of the Social Security number. You also state whether the wife is pregnant. You attach a separate sheet if you have more children than the form’s lines allow.
The consequence of leaving a child off the petition is that the court cannot enter orders affecting that child, exposing you to a future Department of Revenue support action. Tom forgot his stepson he had legally adopted and had to amend twice. A common misconception is that disabled adult children do not need to be listed, but Fla. Stat. § 61.13(1)(c) extends jurisdiction over dependent adult children.
Paragraph 4: UCCJEA Information
Paragraph 4 confirms compliance with the UCCJEA. You state every address each child has lived at for the last five years, the people the child lived with, and any other custody case in any state. You file the separate UCCJEA Affidavit, Form 12.902(d), at the same time.
The consequence of skipping UCCJEA disclosure is loss of subject-matter jurisdiction, which voids any order entered. Priya moved from New Jersey, hid an open case, and the Florida judge dismissed for lack of jurisdiction once the New Jersey order surfaced. A common misconception is that informal living arrangements do not count, but every address must be listed even if no formal lease existed.
Paragraph 5: Parental Responsibility and Timesharing
Paragraph 5 asks what you want for parental responsibility and timesharing. You choose between shared parental responsibility, the legal default, shared parental responsibility with sole decision-making for one parent, or sole parental responsibility, allowed only when shared would harm the child under Fla. Stat. § 61.13(2)(c). You also propose a timesharing schedule, which becomes part of your parenting plan.
The consequence of skipping the timesharing request is that the court will impose a default schedule that may not match your actual parenting reality. Kevin in Fort Lauderdale forgot to ask for weekday dinners and lost three years of midweek time before he could modify the order. A common misconception is that “joint custody” is a Florida term, but Florida uses shared parental responsibility and timesharing instead.
Paragraph 6: Child Support
Paragraph 6 requests child support based on the Florida Child Support Guidelines. You attach the Child Support Guidelines Worksheet, Form 12.902(e), with both parents’ incomes, daycare costs, and health insurance premiums. You also state who claims the child for federal income tax purposes.
The consequence of underreporting income is a finding of fraud and a retroactive support arrears award. Patricia hid her side business and a forensic accountant exposed it, costing her $18,000 in retroactive support. A common misconception is that 50/50 timesharing eliminates child support, but the guidelines include a gross-up calculation under Fla. Stat. § 61.30(11)(b) that often still produces a payment.
Paragraph 7: Spousal Support (Alimony)
Paragraph 7 asks whether you want alimony. Florida recognizes temporary, bridge-the-gap, rehabilitative, and durational alimony under Fla. Stat. § 61.08, as amended by Senate Bill 1416 in 2023, which eliminated permanent alimony. You must show need and your spouse’s ability to pay.
The consequence of failing to plead alimony in the petition is waiver, since you cannot get what you do not ask for. Susan assumed she could request alimony at trial, but the judge denied it because it was missing from the petition. A common misconception is that short marriages never get alimony, but bridge-the-gap awards are available for marriages under seven years.
Paragraph 8: Equitable Distribution
Paragraph 8 lists marital and nonmarital assets and debts under Fla. Stat. § 61.075. Marital assets are anything earned or acquired during the marriage. Nonmarital assets include premarital property, gifts, inheritances, and anything covered by a valid prenuptial agreement.
The consequence of mislabeling property is that you can lose half of something that should have stayed yours alone. David commingled his inherited brokerage account with the joint checking, which converted the inheritance into a marital asset. A common misconception is that title controls, but Florida uses source of funds analysis under Robertson v. Robertson, 593 So. 2d 491 (Fla. 1991).
Paragraph 9: Name Restoration
Paragraph 9 lets the wife restore her former name without a separate name-change petition. You write the exact name to be restored. You cannot use this paragraph to take a name you never legally held.
The consequence of skipping this paragraph is paying a separate filing fee and waiting weeks for a formal name-change order. Emily skipped it and paid an extra $401 plus newspaper publication. A common misconception is that husbands can use this paragraph, but Fla. Stat. § 68.07 governs male name changes through a separate petition.
Signature, Notarization, and Verification
The petition ends with a verification under penalty of perjury, signed in front of a notary or deputy clerk. You sign your full legal name, print it, list your address, phone, and email under Florida Rule 2.516, and file a separate Notice of Designation of Email Address, Form 12.915.
The consequence of an unnotarized signature is that the petition is not a sworn pleading, and your spouse can move to strike it. Marcus notarized only page one and his hearing was continued sixty days. A common misconception is that any notary works, but the notary block must show the state, county, type of identification, and notary seal.
Three Real-World Filing Scenarios
Each Florida family has different facts, and small differences change which boxes you check. The three patterns below cover most pro se filers using Form 12.901(b)(1).
| Family Situation | How You Fill Out the Petition |
|---|---|
| Long-term marriage, two school-age kids, single-income household | Request shared parental responsibility, week-on-week-off timesharing, durational alimony, and child support based on imputed income for the stay-at-home parent |
| Short marriage, one toddler, both parents working full time | Ask for shared parental responsibility, a 60/40 timesharing split with the majority parent, no alimony, and guidelines child support |
| Military spouse stationed out of state, one special-needs child | Plead UCCJEA jurisdiction carefully, request long-distance timesharing under Fla. Stat. § 61.13001, and ask for upward child support deviation for therapy costs |
| Choice You Make | Direct Consequence |
|---|---|
| Check “irretrievably broken” without proof | Court grants divorce after the 20-day waiting period if uncontested |
| Leave Paragraph 7 alimony box blank | Permanent waiver of alimony, even if circumstances change later |
| Misstate income on Child Support Worksheet | Risk of perjury charges and retroactive support recalculation |
| Filing Choice | What Happens Next |
|---|---|
| File in the wrong county | Case is transferred or dismissed, costing weeks |
| File without the UCCJEA Affidavit | Clerk rejects, the petition is not legally pending |
| Skip the Notice of Social Security Number | Clerk rejects under Fla. Fam. L. R. P. 12.013 |
Filing, Fees, and Service of Process
You file the completed petition, financial affidavit, UCCJEA affidavit, child support worksheet, notice of social security number, and notice of designation of email at the clerk of the circuit court in your county. Filing fees in 2026 run roughly $409 to $415 depending on the county, with an additional $10 for each summons. Indigent filers can request a fee waiver using Form 12.902(a), the Application for Determination of Civil Indigent Status.
After filing, you must serve your spouse with the petition through the county sheriff or a certified private process server. Service costs another $40 to $80. If your spouse cannot be found, you may use constructive service by publication under Fla. Stat. § 49.011, but this limits the court’s ability to award child support or divide property.
The consequence of improper service is automatic dismissal after 120 days under Fla. R. Civ. P. 1.070(j). Olivia tried to hand-deliver the papers herself, which is illegal in Florida, and her case was dismissed. A common misconception is that mailing the petition counts as service, but Florida requires personal service for an initial divorce petition.
Mistakes to Avoid When Filing Form 12.901(b)(1)
Pro se filers repeat the same errors year after year, and each one costs time, money, or rights. Avoiding the list below puts you ahead of most self-represented spouses.
- Filing the wrong version of the form triggers an automatic clerk rejection because the Florida Supreme Court revises the form each year.
- Leaving paragraphs blank instead of writing “N/A” creates ambiguity that opposing counsel exploits at trial.
- Forgetting to file the UCCJEA Affidavit strips the court of jurisdiction over your children.
- Listing only one child when more exist creates future Department of Revenue enforcement headaches.
- Skipping notarization voids the verification and lets your spouse move to strike the petition.
- Failing to plead alimony in the petition waives the claim forever under Florida case law.
- Misclassifying nonmarital property as marital can give your spouse half of an inheritance or premarital home.
- Hiding income on the financial affidavit results in perjury exposure and retroactive support.
- Using a P.O. box instead of a physical address violates Fla. Fam. L. R. P. 12.285 disclosure rules.
- Trying to serve your spouse personally is illegal because Florida requires a neutral process server.
Do’s and Don’ts for a Smooth Filing
The list below comes from years of practice patterns observed in Florida circuit courts. Each item points to a concrete consequence so you can act with confidence.
- Do download the latest form revision, because outdated versions are rejected at the clerk’s window.
- Do make at least three copies, since you need one for the court, one for your spouse, and one for your records.
- Do attach the Notice of Social Security Number, Form 12.902(j), to comply with mandatory disclosure rules.
- Do consult your county’s self-help center for free form review.
- Do keep digital copies of every document, because clerks lose paper filings more often than people expect.
- Don’t sign the petition until you are in front of a notary, since pre-signed forms are invalid.
- Don’t rely on your spouse’s word about income, because the financial affidavit must be independently verified.
- Don’t waive child support without court approval, since it cannot be waived under Fla. Stat. § 61.30.
- Don’t file in a county where neither of you lives, because venue is jurisdictional in family cases.
- Don’t ignore the 20-day response deadline once your spouse is served, since default judgments move quickly.
Pros and Cons of Filing Pro Se Using Form 12.901(b)(1)
Filing without an attorney saves money but increases risk. Weigh both sides honestly before committing.
- Pro: You save thousands in attorney fees, since Florida divorce lawyers average $300 to $500 per hour according to the Florida Bar economic survey.
- Pro: You retain full control over every paragraph, deadline, and negotiation.
- Pro: Free self-help resources walk you through each form.
- Pro: Uncontested cases finish in as little as 30 days after service.
- Pro: Florida’s family law facilitators review forms for free.
- Con: A single procedural error can dismiss your case and restart the clock.
- Con: Pro se litigants are held to the same legal standard as licensed attorneys under Kohn v. City of Miami Beach, 611 So. 2d 538 (Fla. 3d DCA 1992).
- Con: Property and alimony rights can be permanently waived through poor drafting.
- Con: Contested cases with custody disputes often require expert witnesses, depositions, and discovery beyond pro se experience.
- Con: Emotional exhaustion can cloud judgment during a multi-month case.
Key Entities You Will Encounter
The Florida divorce process pulls in several institutions, each with a defined role. Understanding who does what prevents wasted phone calls.
The clerk of the circuit court files documents, collects fees, and issues summonses. The Florida Department of Revenue Child Support Program enforces support orders and intercepts wages. The Office of the State Courts Administrator maintains the official forms. The Florida Bar Family Law Section publishes practice guides and continuing education. The judge decides contested issues, while a general magistrate may hear preliminary matters with consent. The guardian ad litem, when appointed under Fla. Stat. § 61.401, represents your child’s best interest.
Recap of Key Florida Court Rulings That Shape This Petition
Florida appellate decisions interpret the statutes you cite in your petition, and ignoring them is dangerous. Robertson v. Robertson, 593 So. 2d 491 (Fla. 1991), defined the source-of-funds rule for property classification. Canakaris v. Canakaris, 382 So. 2d 1197 (Fla. 1980), set the abuse-of-discretion standard for alimony and equitable distribution. Boyett v. Boyett, 703 So. 2d 451 (Fla. 1997), governs child support modifications.
The plain-English meaning is that judges follow these cases automatically, even if you do not cite them. The consequence of ignoring binding precedent is losing motions you should have won. Brian tried to argue against Canakaris and the trial judge denied his motion in less than five minutes. A common misconception is that pro se filers are excused from knowing case law, but Florida courts apply the same standards regardless of representation.
Step-by-Step Process After You File
After you file Form 12.901(b)(1), the clock starts on a series of deadlines. You serve your spouse within 120 days under Fla. R. Civ. P. 1.070(j). Your spouse has 20 days to file Form 12.903(b), the Answer and Counterpetition, or risk default. Mandatory disclosure under Rule 12.285 requires both spouses to exchange tax returns, pay stubs, and account statements within 45 days.
You then attend a case management conference, complete a parenting course approved under Fla. Stat. § 61.21 within 45 days, and exchange a proposed parenting plan. If you reach agreement, you file a Marital Settlement Agreement and attend a brief final hearing. If you do not, the case proceeds to mediation, then to trial before a circuit judge.
The consequence of missing any deadline is sanctions, including dismissal, default, or contempt. Nina missed the parenting course and her final hearing was canceled, adding three months to her case. A common misconception is that uncontested cases skip these steps, but the parenting course and mandatory disclosure apply to every case with children.
Frequently Asked Questions
Can I file Form 12.901(b)(1) without my spouse’s signature?
Yes. You only need your own signature on the petition. Your spouse signs an Answer or a Marital Settlement Agreement separately after being served by a sheriff or process server.
Do I have to use a lawyer to file Form 12.901(b)(1)?
No. Florida lets you file pro se. The self-help center reviews forms for free, but it cannot give legal advice or strategy.
Can I get the filing fee waived?
Yes. Submit Form 12.902(a), the Application for Determination of Civil Indigent Status. The clerk applies federal poverty guidelines to decide.
Does Florida require a separation period before filing?
No. Florida has no legal separation. You can file the moment the marriage is irretrievably broken, even while still living together.
Can I ask for sole custody on the petition?
Yes. You can request sole parental responsibility, but courts grant it only when shared responsibility would harm the child under Fla. Stat. § 61.13(2)(c).
Will my spouse automatically pay child support after I file?
No. Support starts only when the court enters a temporary or final order. You can request temporary support immediately by filing a separate motion.
Can I change my mind after filing the petition?
Yes. You may voluntarily dismiss under Fla. R. Civ. P. 1.420 before your spouse files an answer. After that, both parties must agree to dismiss.
Do I have to disclose all my assets in the petition itself?
No. Detailed disclosure happens through the financial affidavit and mandatory disclosure under Rule 12.285. The petition lists assets in general categories.
Can I file Form 12.901(b)(1) electronically?
Yes. Most counties accept e-filing through the Florida Courts E-Filing Portal. You still serve your spouse through a sheriff or process server.
Will my children have to testify?
No. Florida judges discourage child testimony. Under Fla. Fam. L. R. P. 12.407, a court order is required before any child can testify in a family case.
Can I include a request for a name change in the petition?
Yes. Paragraph 9 restores a wife’s former name without a separate filing fee, as long as it is a name she legally held before the marriage.
Does filing the petition freeze our joint accounts?
No. Florida does not have an automatic financial freeze. You should ask the court for a standing financial order if you fear dissipation of assets.
Related reading
- How to Fill Out Florida Form 12.901(b)(3) (w/Examples) + FAQs
- How to Fill Out Florida Form 12.902(f)(2) (w/Examples) + FAQs
- How to Fill Out Florida Form 12.902(f)(3) (w/Examples) + FAQs
- How to Fill Out Florida Form 12.903(c)(2) (w/Examples) + FAQs
- How to Fill Out Florida Form 12.995(b) (w/Examples) + FAQs
- How to Fill Out Florida Form 12.990(c)(1) (w/Examples) + FAQs
- How to Fill Out Florida Form 12.930(d) (w/Examples) + FAQs