Florida Divorce – With Children and No Assets to Divide
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FAQs
✅ Eligibility Requirements:
To file a regular dissolution of marriage with children in Florida, the following must apply:
- At least one spouse has lived in Florida for at least 6 months before filing.
- The spouses are legally married.
- There are minor or dependent children of the marriage, or one spouse is pregnant.
- Either or both parties want to proceed with a divorce (Florida is a no-fault divorce state).
📝 Required Information to File:
🔹 Personal & Family Information
- Full legal names, addresses, and birthdates of both spouses
- Date and location of marriage
- Date of separation (if applicable)
- Names, dates of birth, and Social Security Numbers of all minor or dependent children
- Any prior court orders related to the children (e.g., custody, support, DCF cases)
- Address where all children have lived for the last 5 years and all adults residing at that address
- Detailed Custody Arrangement
- Child Support Arrangement
- Visition Schedule
🔹 Residency Proof
- Valid Florida driver’s license, state ID, or voter registration (issued at least 6 months ago)
- Or an Affidavit of Corroborating Witness (Form 12.902(i)) if you have no ID
🔹 Required Court Forms:
📁 Initial Filing Documents
- Petition for Dissolution of Marriage with Dependent or Minor Children (Form 12.901(b)(1))
- Uniform Child Custody Jurisdiction and Enforcement Act (UCCJEA) Affidavit (Form 12.902(d))
- Family Law Financial Affidavit (Form 12.902(b) or (c)) – required from both parties
- Notice of Social Security Number (Form 12.902(j))
- Parenting Plan (Form 12.995(a))
- Child Support Guidelines Worksheet (Form 12.902(e))
- Certificate of Compliance with Mandatory Disclosure (Form 12.932)
📁 Final Hearing Documents
- Final Judgment of Dissolution of Marriage with Children (Form 12.990(c)(1))
- Income Withholding Order (for child support, if applicable)
🔹 Child-Related Information
- Health insurance details for the children
- Childcare costs
- Income and work schedule of each parent
- Existing or proposed time-sharing schedule (shared custody, alternating weekends, etc.)
- Information about any child support payments already being made
💵 Fees & Financial Considerations
- Filing fee: Around $400–$450 (varies by county)
- Summons issuance fee (about $10) if serving the other party
- Sheriff or private process server fee if personal service is needed
- May qualify for a fee waiver by filing an Application for Civil Indigent Status
👨⚖️ Other Requirements
- Mandatory parenting class for divorcing parents (court-approved course; proof of completion required before final judgment)
- Personal service required if the other party does not waive service
- Both parties must complete financial disclosures unless waived by the court