Statement

The Petition must outline what you, the Petitioner, want to get from the Respondent or what you want the Judge to do. It must always contain the following:
  • The Respondent's full name, address, social security number, and Date of Birth.
  • Your full name, address, social security number, and Date of Birth.
  • The date and place the parties were married;
  • A statement that the parties are not now living together as Husband and Wife;
  • A statement that the Petitioner OR the Respondent has been a continuous resident of Florida for at least six months before the Petition was filed; and
  • A statement that the marriage is "irretrievably broken".

Children
If a child was born to or adopted by the parties during the marriage and the child is still a minor OR if the wife is pregnant, additional statements should be made in the Petition. A "MINOR" child is a child who is under the age of 18 years when the Petition is filed. The Petition should include the following:
  • The names, date of birth of any minor child(ren) born to the parties during the marriage; the name, date of birth and date of adoption of any minor child(ren) adopted by either or both of the parties during the marriage. If no child has yet been born of the marriage but the wife is pregnant, a statement of that fact should be included.
  • A statement of which party should have custody of the child(ren) (primary physical residential custodian) and that the best interests of the child(ren) will be served by placing the child(ren) with that party.
  • A statement that the other party is entitled to reasonable visitation rights or, if not, what restrictions on visitation should apply and the FACTUAL reasons why visitation should be denied, restricted, or supervised.
  • If child custody is requested by the Petitioner, a statement that the Petitioner needs child support, as well as medical and dental insurance for the child(ren), from the Respondent.
  • An affidavit listing the addresses where each child has lived and with what persons during the last 5 years, stating whether each child has been involved in a request by any other person for custody or visitation rights, naming any other person having any custody or visitation rights with the child(ren), and asserting whether there is a dependency proceeding concerning the child(ren) pending in any court A form for this purpose, called a Uniform Child Custody Jurisdiction Act Affidavit, is available from the Clerk’s Office.
  • A financial affidavit must be filled out and served on or given to the Respondent along with the Petition. A Financial Affidavit form is available from the Clerk’s Office.

Spousal Support (Alimony)
If you are requesting spousal support (Alimony) the Petition should include the following:
  • A statement that you need alimony or support from the other party.
  • A statement that the Respondent has the ability to pay alimony or support for you.
  • A financial affidavit must be filled out and served on or given to the Respondent along with the Petition.
  • A Financial Affidavit form is available from the Clerk’s Office.

Miscellaneous Matters
The Petition may also contain statements concerning the following:
  • The change of your married name back to a maiden or other last name, if you are a female.
  • Property acquired by you and/or your spouse during the marriage, whether land, houses, buildings, etc. or personal property such as cars, stocks, furniture, bank accounts, pension funds, etc., which should be divided fairly between the parties. This includes gifts you have given to each other.
  • Any special interest you might claim to have in any property as a result of (1) your contribution of money from a source outside the marriage for that property or (2) money or services contributed by you for that property over and above that of the other party. FACTS must be stated to tell why you should be given a special interest in the property.
  • Debts and liabilities incurred during the marriage and who should pay them following the dissolution of marriage. e. Any agreement signed by the parties for an uncontested divorce. If you and the Respondent have signed an agreement, it should be attached to the Petition as an exhibit. The agreement must be signed by both parties.
  • Any Temporary Injunction for Protection which is still good. The Injunction's case number should be given in the Petition.

NOTE: At the time of filing the initial Petition, the Clerk of the Court will charge a fee for filing the Dissolution of Marriage action. This filing fee must be paid or waived by the Clerk before the Petition is filed. If you ask for a waiver, you must file an Affidavit of Insolvency with the Clerk. An Affidavit of Insolvency requires you to swear under oath that you are unable to pay the charges, costs, or fees charged by the Clerk or Sheriff for this action. The affidavit will require you to specifically list your income, assets, and financial obligations. Making false statements under oath is a criminal act, a felony, which could mean criminal prosecution and a jail term if convicted. A form called Affidavit of Insolvency is available from the Clerk's Office (Supreme Court Form 34).