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Florida - form 12.901(b)(1) can it be filed by itself?

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tpa05

Junior Member
What is the name of your state? Florida - 13th circuit court (Hillsborough)

Can the petition for dissolution of marriage form 12.901b1 (form used to file the petition) be filed by itself? What I mean is do I have to include the other forms (12.902b - marital assets) and (12.902e - child support) on the same day that I file for the divorce? Some of the documentation says that it should be included in the initial phase (my words) while other parts suggest that these can be filed at a later date.

While I was initially against the divorce (I'm still having a hard time believing that this is really happening) it would appear that this is going to happen and so I decided this weekend that if we're going to do it lets just get it over with. I mention this as we've already decided who gets what and so that's why we're using the "packet #8" form(s) to complete the divorce. Again, what I'm asking is can I at least file the petition and then complete the two other forms later on?

Thank you.
 


Gracie3787

Senior Member
What is the name of your state? Florida - 13th circuit court (Hillsborough)

Can the petition for dissolution of marriage form 12.901b1 (form used to file the petition) be filed by itself? What I mean is do I have to include the other forms (12.902b - marital assets) and (12.902e - child support) on the same day that I file for the divorce? Some of the documentation says that it should be included in the initial phase (my words) while other parts suggest that these can be filed at a later date.

While I was initially against the divorce (I'm still having a hard time believing that this is really happening) it would appear that this is going to happen and so I decided this weekend that if we're going to do it lets just get it over with. I mention this as we've already decided who gets what and so that's why we're using the "packet #8" form(s) to complete the divorce. Again, what I'm asking is can I at least file the petition and then complete the two other forms later on?

Thank you.
Forms 12.902(b) (financial affidavit) , 12.902(d) (jurisdiction child custody) both must be attached to the petition when filing the petition. Form 12.902(e) (child support guidelines worksheet) can be filed after recieving other party's financial affidavit. There are some spots on the last page to mark, it will state that the CS guidelines worksheet is, or will be filed. Mark that and circle which one applies.
 

tpa05

Junior Member
Thanks Gracie. First sorry for the delayed response. Busy with the divorce thing and all. Anyway I went down to the courthouse here in Tampa and they actually allowed me to file the 902(b) by itself. The only other thing they needed was the cover sheet. I went down there as I had other questions but they (the front desk clerk) went ahead and notarized the documents, printed out the cover sheet and it was filed. She then suggested that I simply wait until after the case is reviewed (her words) and then they (whoever they are) will contact me and instruct me as to what happens next.

Ok, but when I asked if/when my wife will be served she then repeated here instructions to simply wait until I'm contacted by the court.

In the meantime I've printed out the child support and the marital assets page and both my wife and I are going over them. Seperately for now and then we'll combine notes this weekend.

Like I may have hinted above, I was at first relieved (perhaps wrong choice of words here) to have it filed but now I'm wondering if I've simply created other problems by not filing all of the papers at once. Will there be mis-communication that will hurt either of us or will I spend a lot of time simply trying to fix what otherwise would (not) have been a problem to begin with.

Thanks again for your help Gracie. Again, if you have any more suggestions or recommendations please let me know.
 

Gracie3787

Senior Member
Thanks Gracie. First sorry for the delayed response. Busy with the divorce thing and all. Anyway I went down to the courthouse here in Tampa and they actually allowed me to file the 902(b) by itself. The only other thing they needed was the cover sheet. I went down there as I had other questions but they (the front desk clerk) went ahead and notarized the documents, printed out the cover sheet and it was filed. She then suggested that I simply wait until after the case is reviewed (her words) and then they (whoever they are) will contact me and instruct me as to what happens next.

Ok, but when I asked if/when my wife will be served she then repeated here instructions to simply wait until I'm contacted by the court.

In the meantime I've printed out the child support and the marital assets page and both my wife and I are going over them. Seperately for now and then we'll combine notes this weekend.

Like I may have hinted above, I was at first relieved (perhaps wrong choice of words here) to have it filed but now I'm wondering if I've simply created other problems by not filing all of the papers at once. Will there be mis-communication that will hurt either of us or will I spend a lot of time simply trying to fix what otherwise would (not) have been a problem to begin with.

Thanks again for your help Gracie. Again, if you have any more suggestions or recommendations please let me know.
I'm confused, are YOU filing the initial divorce petition, or are you filing a response to a petition your STBX has filed?

First, although I know that each county court clerk makes up some of their own rules, there's no way that you being told that they (the court) will serve the papers on your STBX. Serving is your responsibilty, not the court's, so I have no idea why they told you to wait.

Second, it may have been a typo, but are you saying that they allowed you to file just the financial affidavit WITHOUT the petition?

Maybe I'm misunderstanding you, but it sounds like there's going to be some big problems coming up. I'll give a short run down on how a petition is supposed to be filed legally and correctly and maybe that will help:

Petitioner fills out the petition, attaches the financial affidvait, certificate of compliance with mandatory disclosure, and a child custody sheet. Has the correct papers notarized and makes copies, then files the originals with the court, and gives copies and an original summons to either the sherriff's dept or process server for service on the other party.
IF those things aren't done in the proper order, the other party will have a very good reason to file an appeal later if they wish, so it's very important to do everything correctly.

Here's a link to the Florida rules of civil procedure http://phonl.com/fl_law/rules/frcp

and Florida family law rules http://phonl.com/fl_law/rules/famlawrules
 

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