Form 12.901(b)(1) is Florida's standard Petition for Dissolution of Marriage with Dependent or Minor Child(ren), the form that opens a divorce case whenever you and your spouse have a dependent or minor child together, or a spouse is currently pregnant.
Quick Answer: Form 12.901(b)(1) is the Petitioner-filed petition used to start a Florida dissolution of marriage case whenever the couple has a dependent or minor child together, or a spouse is pregnant. It is filed with the clerk of the circuit court, formally served on the other spouse (the Respondent), and generally comes with a UCCJEA Affidavit, a proposed Parenting Plan, and, if child support will be requested, a Child Support Guidelines Worksheet.
What Is Form 12.901(b)(1)?
Form 12.901(b)(1), Petition for Dissolution of Marriage with Dependent or Minor Child(ren), is a Florida Family Law Rules of Procedure form published by the Florida Courts. It is the paperwork that opens a standard dissolution of marriage case in Florida for couples with a dependent or minor child together.
Unlike the Joint Petition for Simplified Dissolution of Marriage (Form 12.901(a)), which both spouses sign and file together, Form 12.901(b)(1) is filed by one spouse (the Petitioner), and the other spouse (the Respondent) must be formally notified through service of process.
Download the official Form 12.901(b)(1) (PDF, Florida Courts)
Who Must Use This Form
You must file Form 12.901(b)(1), rather than one of the other 12.901 series petitions, when the following is true:
- You are filing for a dissolution of marriage in Florida
- You and your spouse have a dependent or minor child together, or a spouse is currently pregnant
- You or your spouse have lived in Florida for at least 6 months before filing
If you and your spouse have no minor or dependent children together, you file a different petition instead: Form 12.901(b)(2) if you have marital assets or liabilities to divide, or Form 12.901(b)(3) if you have neither children nor property. Couples with no children who agree on everything may instead qualify for the faster Joint Petition for Simplified Dissolution of Marriage (Form 12.901(a)), which is never available once a dependent or minor child is involved.
What the Petition Asks For
Form 12.901(b)(1) asks the Petitioner to state, under penalty of perjury:
- That you are asking the court to dissolve your marriage
- Where you and your spouse each live, and how long
- When and where you were married
- That your marriage is irretrievably broken
- Information about your dependent or minor child(ren), including names, dates of birth, and whether the wife is currently pregnant
- What parenting arrangement (Parental Responsibility and time-sharing) you are asking the court to order
- Whether child support should be ordered, and by whom
- Your marital assets and liabilities, and how you want them divided
- Whether you are requesting alimony, and if so, what kind
- Whether either spouse wants to resume a former legal name
Because alimony must be requested in writing in the original petition or it is waived, this is a section worth reading carefully before you sign, even if you are not sure yet whether you will pursue it.
Other Forms Filed With Form 12.901(b)(1)
A dissolution case involving a dependent or minor child generally also requires:
- UCCJEA Affidavit, Form 12.902(d), required in every Florida custody-related case to establish which state has jurisdiction over the child(ren). See our guide to Florida Form 12.902(d): UCCJEA Affidavit.
- Child Support Guidelines Worksheet, Form 12.902(e), if child support will be ordered in the final judgment. See our guide to Florida Form 12.902(e): Child Support Guidelines Worksheet.
- Family Law Financial Affidavit, Form 12.902(b) or (c), required with the petition if the Petitioner is seeking child support, and otherwise due within 45 days of service on the Respondent. See our guide to Florida Form 12.902: Family Law Financial Affidavit.
- Marital Settlement Agreement for Dissolution of Marriage with Dependent or Minor Child(ren), Form 12.902(f)(1), if you and your spouse have already reached agreement on some or all issues.
- Notice of Social Security Number, Form 12.902(j).
- Certificate of Compliance with Mandatory Disclosure, Form 12.932, generally due within 45 days of service unless you and your spouse have agreed not to exchange those documents.
- Parenting Plan, Form 12.995(a), (b), or (c), a signed and notarized plan if you and your spouse have reached an agreement, or a proposed plan if you have not.
- Proof of Florida residency, such as a valid Florida driver's license, state ID, or voter registration card issued at least 6 months before filing, or an Affidavit of Corroborating Witness (Form 12.902(i)) if neither spouse has that documentation.
What Happens After You File: Service and Response
Once you file the petition, you must properly notify your spouse. Personal service (delivery of the petition by a sheriff or certified process server) is used whenever you know where your spouse lives. If you genuinely do not know your spouse's whereabouts, constructive service may be available, but it significantly limits what the court can grant. Relief obtained through constructive service alone cannot include alimony or child support.
If personal service is used, your spouse has 20 days to file an answer. From there, the case generally proceeds one of three ways:
- Default: If your spouse does not file an answer within 20 days, you may file a Motion for Default (Form 12.922(a)) and, once all required papers are filed, ask the clerk or judicial assistant to set a final hearing.
- Uncontested: If your spouse files an answer that agrees with everything in your petition, or an answer and waiver, and you have both complied with mandatory disclosure, you can move to set a final hearing.
- Contested: If your spouse files an answer, or an answer and counterpetition, disputing anything in your petition and you cannot resolve it, you file a Notice for Trial (Form 12.924) after completing mandatory disclosure and, in many circuits, mediation.
Florida's Rules of Judicial Administration now require most petitions, pleadings, and documents to be filed and served electronically, though self-represented litigants are not required to e-file or e-serve if they prefer paper. If you do choose e-service, you designate your email address on a Designation of Current Mailing and E-mail Address (Form 12.915).
Parenting Plan, Time-Sharing, and Child Support
Every Florida case involving a minor child needs a Parenting Plan that addresses shared or sole parental responsibility, a time-sharing schedule, and how parenting decisions will be made. If you and your spouse agree, you attach a signed, notarized plan. If you do not, a proposed plan is filed and the judge decides based on the child's best interests, sometimes after ordering a parenting plan recommendation or appointing a guardian ad litem to evaluate the situation.
Both parents are required to provide financial support for their children. Florida calculates child support using statewide guidelines based on both parents' combined net income and the number of overnights each parent has with the child(ren). Once both parties' Family Law Financial Affidavits are filed, the Child Support Guidelines Worksheet (Form 12.902(e)) is used to calculate the guideline amount.
Florida also requires both parents to complete a Parent Education and Family Stabilization Course before the final judgment can be entered. Requirements and providers vary by circuit, so confirm the process with your local clerk's office.
Proving Residency and the Filing Fee
You or your spouse must have lived in Florida for at least 6 months before you file. Proof of Florida residency can be a Florida driver's license, state ID card, or voter registration card issued at least 6 months before filing, or a signed Affidavit of Corroborating Witness (Form 12.902(i)) if neither spouse has that documentation.
The statewide circuit court filing fee for a Florida dissolution of marriage is $295 (Fla. Stat. § 28.241). If you cannot afford it, you can file an Application for Determination of Civil Indigent Status with your petition, and the clerk will determine whether you qualify to have the fee waived or deferred.
If you have been the victim of sexual battery, aggravated child abuse, aggravated stalking, harassment, aggravated battery, or domestic violence, you can keep your address confidential by filing a Request for Confidential Filing of Address (Form 12.980(h)) instead of listing it on your petition.
Common Mistakes to Avoid
- Filing the simplified dissolution petition (Form 12.901(a)) when there is a dependent or minor child involved; it is never available in that situation
- Leaving alimony out of the original petition and then trying to request it later, after it has been waived
- Skipping the UCCJEA Affidavit, which is required in every case involving a child
- Not filing or attaching a Parenting Plan, whether agreed or proposed
- Missing the 45-day deadline for the Financial Affidavit and Certificate of Compliance with Mandatory Disclosure when they were not filed with the petition
- Assuming constructive service will preserve a request for alimony or child support; it will not
Frequently Asked Questions
What is Florida Form 12.901(b)(1)?
Form 12.901(b)(1), Petition for Dissolution of Marriage with Dependent or Minor Child(ren), is the Florida Family Law Rules of Procedure form that opens a standard (non-simplified) divorce case when you and your spouse have a dependent or minor child together, or when a spouse is pregnant. One spouse, the Petitioner, files it and formally serves the other spouse, the Respondent.
Who has to use this form instead of the simplified dissolution petition?
You must use Form 12.901(b)(1), not the Joint Petition for Simplified Dissolution of Marriage (Form 12.901(a)), whenever you and your spouse have a dependent or minor child together or a spouse is currently pregnant. Florida's simplified dissolution track is only available when there are no minor or dependent children involved, so any case involving children uses this standard petition instead.
What other forms are filed with Form 12.901(b)(1)?
Depending on your case, you generally also file a UCCJEA Affidavit (Form 12.902(d)), a Child Support Guidelines Worksheet (Form 12.902(e)) if child support will be requested, a Family Law Financial Affidavit (Form 12.902(b) or (c)), a Notice of Social Security Number (Form 12.902(j)), a Certificate of Compliance with Mandatory Disclosure (Form 12.932), a proposed or agreed Parenting Plan (Form 12.995(a), (b), or (c)), and proof of Florida residency.
Do I need to request alimony on this form?
Yes, if you want it. Florida requires you to request alimony in writing in your original petition. If you do not request it before the final hearing, you waive the right to ask for it later. Form 12.901(b)(1) has a specific section for this request.
How much time does my spouse have to respond after being served?
If your spouse is personally served, they generally have 20 days to file an answer. After that, your case proceeds as a default (if no answer is filed), uncontested (if the answer agrees with everything or waives a response), or contested (if the answer disputes anything in the petition) case.
Is a parenting course required if we file this form?
Yes. Florida requires both parents to complete a Parent Education and Family Stabilization Course before the final judgment can be entered in any dissolution case involving a minor or dependent child. Contact your circuit's clerk, family law intake staff, or judicial assistant for local requirements on scheduling it.
Can Virdix help me prepare Florida Form 12.901(b)(1)?
Yes. Virdix checks whether your case involves a dependent or minor child and prepares the matching Florida Family Law Rules of Procedure forms, including the petition, the required parenting plan, and the child support guidelines worksheet, from your answers. Virdix is a document preparation service, not a law firm, and does not provide legal advice.
How Virdix Helps
Virdix checks whether your case involves a dependent or minor child and prepares the matching Florida Family Law Rules of Procedure forms from your answers, including the petition, the UCCJEA Affidavit, the Parenting Plan, and the Child Support Guidelines Worksheet. Start free. Pay once, only when your documents are ready. See Divorce in Florida on Virdix for the full picture of what Virdix covers in Florida today.
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This article is for informational purposes only and does not constitute legal advice. Virdix is a document preparation service, not a law firm, and does not provide legal advice. Forms, fees, and procedures can change; always confirm current information with the Florida Courts or your circuit court clerk. For advice about your specific situation, consult a licensed Florida attorney.
Sources: Florida Courts (flcourts.gov), Instructions for Florida Supreme Court Approved Family Law Form 12.901(b)(1) (02/18), Chapter 61, Florida Statutes