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Comprehensive form—Florida.
[Caption of Court and Matter]
FINAL JUDGMENT OF DISSOLUTION OF MARRIAGE WITH DEPENDENT OR
MINOR CHILD(REN)
This cause came before this Court for a trial on a Petition
for Dissolution of Marriage. The Court, having reviewed the file and heard the
testimony, makes these findings of fact and reaches these conclusions of law:
1. The Court has jurisdiction over the subject matter and the
parties.
2. At least one party has been a resident of the State of
Florida for more than 6 months immediately before filing the Petition for
Dissolution of Marriage.
3. The marriage between the parties is irretrievably broken.
Therefore, the marriage between the parties is dissolved, and the parties are
restored to the status of being single.
SECTION I. MARITAL ASSETS AND LIABILITIES
A. Date of Valuation of Property. The assets and
liabilities listed below are divided as indicated. The date of valuation of
these assets and liabilities is, unless otherwise indicated:
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a. date of filing petition for dissolution of
marriage _________. |
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b. date of separation _________. |
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c. date of divorce trial _________.
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B. Division of Assets.
1. The assets listed below are nonmarital assets. Each party
shall keep, as his or her own, the assets found to be nonmarital, and the other
party shall have no further rights or responsibilities regarding these assets.
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ASSETS: DESCRIPTION OF ITEM(S)
(Describe each item as clearly as possible. You do not
need to list account numbers.)
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Current
Fair Market
Value
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Wife's
Nonmarital
Property
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Husband's
Nonmarital
Property
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$ |
$ |
$ |
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| Total Nonmarital Assets |
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2. The assets listed below are marital assets. Each party
shall keep, as his or her own, the assets awarded in this section, and the other
party shall have no further rights or responsibilities regarding these assets.
Any personal item(s) not listed below are awarded to the party currently in
possession or control of the item(s).
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ASSETS: DESCRIPTION OF ITEM(S)
(Describe each item as clearly as possible. You do not
need to list account numbers.)
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Current
Fair Market
Value
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Wife's
Shall
Receive
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Husband's
Shall
Receive
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| Cash (on hand or in banks/credit unions)
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$ |
$ |
$ |
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| Stocks/bonds |
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| Notes |
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| Business interests |
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| Real estate: (Home) |
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| Automobiles |
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| Boats |
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| Furniture & furnishings |
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| Jewelry |
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| Life insurance (cash surrender value)
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| Retirement Plans (Profit Sharing, Pension,
IRA, 401(k)s, etc.) |
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| Other assets |
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| Total Marital Assets |
$ |
$ |
$ |
C. Division of Liabilities/Debts.
1. The liabilities listed below are nonmarital liabilities
and, therefore, are owed as indicated. Each party shall owe, as his or her own,
the liabilities found to be nonmarital, and the other party shall have no
responsibilities regarding these debts.
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LIABILITIES: DESCRIPTION OF DEBT(S)
(Describe each item as clearly as possible. You do not
need to list account numbers.)
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Current
Amount
Owed
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Wife's
Nonmarital
Liability
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Husband's
Nonmarital
Liability
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$ |
$ |
$ |
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| Total Nonmarital Assets |
$ |
$ |
$ |
2. The liabilities listed below are marital liabilities and
are divided as indicated. Each party shall hold the other party harmless and
pay, as his or her own, the marital liabilities awarded below.
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LIABILITIES: DESCRIPTION OF DEBT(S)
(Describe each item as clearly as possible. You do not
need to list account numbers.)
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Current
Amount
Owed
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Wife
Shall
Pay
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Husband
Shall
Pay
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| Mortgages on real estate: (Home) |
$ |
$ |
$ |
| (Other) |
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| Charge/credit card accounts |
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| Auto loan |
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| Auto loan |
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| Bank/Credit Union loans |
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| Other |
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| Total Marital Liabilities |
$ |
$ |
$ |
D. Contingent assets and liabilities will be divided as
follows: _______________ _______________
E. The distribution of assets and liabilities in this final
judgment is equitable; if each party does not receive approximately one-half,
the distribution is based on the following facts and reasoning: _______________
_______________
SECTION II. EXCLUSIVE USE AND POSSESSION OF HOME
[3 all that apply]
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1. ( ) Petitioner ( ) Respondent, as a
condition of support, shall have exclusive use and possession of the
dwelling located at: _________ until _________[date or event].
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2. ( ) Petitioner ( ) Respondent may make
visits to the premises described in the paragraph above for the purpose of
obtaining any items awarded in this Final Judgment. These visits shall occur
after notice to the person granted exclusive use and possession of the
dwelling and at the earliest convenience of both parties or as ordered in
paragraph 4 below. |
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3. Upon the termination of the right of
exclusive use and possession, the dwelling shall be sold and the net
proceeds divided _____% to Petitioner and _____% to Respondent, with the
following credits and/or setoffs being allowed: _______________
_______________ |
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4. Other: _______________ _______________
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SECTION III. CUSTODY OF AND VISITATION WITH DEPENDENT OR MINOR
CHILD(REN)
1. Jurisdiction. The Court has jurisdiction to determine
custody of and visitation with the parties' minor child(ren) listed in paragraph
2 below.
2. The parties' dependent or minor child(ren) _________[is
or are]:
Name Birth Date
_______________ _______________ _______________ _______________
3. Parental Responsibility for the Minor Child(ren).
[3 one only]
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a. The parties shall have shared parental
responsibility for the parties' minor child(ren). ( ) Mother ( ) Father
shall have primary residential responsibility of the minor child(ren) and
the other parent shall have secondary residential responsibility, as set
forth in paragraph 4 below. |
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OR The primary residential parent
shall be ( ) undesignated ( ) rotating with time sharing for the ( ) Mother
( ) Father as set forth in paragraph 4 below. |
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b. ( ) Mother ( ) Father shall have sole
parental responsibility for the parties' minor child(ren). Shared parental
responsibility would be detrimental to the child(ren) at this time because:
_______________ _______________ |
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The other parent shall have visitation with
the parties' minor child(ren) as set forth in paragraph 4 below.
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4. Secondary Residential Responsibility, Visitation, or Time
Sharing with Minor Child(ren). The parent granted secondary residential
responsibility, visitation, or time sharing shall have:
[3 one only]
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a. reasonable visitation or time sharing with
the parties' minor child(ren) after reasonable notice and as agreed to by
the parties, subject to any limitations in paragraph 5 below. The Court
reserves jurisdiction to set a specific schedule. |
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b. the following specified visitation or time
sharing with the parties' minor child(ren), subject to any limitations set
out in paragraph 5 below: _________[specify days and times].
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c. no contact with the parties' minor
child(ren) until further order of the Court, due to the existing conditions
that are detrimental to the welfare of the minor child(ren). _________[Explain].
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5. Limitations on Parental Responsibility, Visitation, and
Time Sharing. Neither parent shall take the child(ren) from the custody of the
other parent or any child care provider or other person entrusted by the other
parent with the care of the child(ren) without the agreement of the other parent
during the other parent's time of parental responsibility or visitation. The
above reasonable (paragraph 4.a. above) or specified (paragraph 4.b. above)
visitation shall be:
[3 if applies]
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a. supervised by a responsible adult who is
mutually agreeable to the parties. If the parties cannot agree, the
supervising adult shall be: _________[name]. |
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b. at the supervised visitation center
located at: _________[address], subject to the available times and
rules of the supervised visitation center. The cost of such visits shall be
paid by ( ) Mother ( ) Father ( ) Both. |
6. Communication Arrangements for Secondary Parenting,
Visitation, and Time Sharing with Child(ren).
[3 if applies]
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The parties' communications to arrange
visitation or time sharing and discuss issues relating to the child(ren) (if
shared parenting or visitation is provided in paragraph 3 above) are
restricted as follows: ( ) telephone, ( ) fax, e-mail, or letter, ( ) A
responsible person shall coordinate the visitation or time sharing
arrangements of the minor child(ren). If the parties cannot agree, the
responsible person shall be: _________[name] ( ) other conditions for
arrangements or discussions: _________[explain]. |
7. Exchange of Minor Child(ren). The exchange of the minor
child(ren) shall be on time as scheduled and as agreed to by the parties. The
following conditions, if checked below, shall also apply.
[3 all that apply]
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a. The parties shall exchange the child(ren)
at the following location(s): _______________ _______________ |
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b. The parent granted secondary parenting,
visitation, or time sharing shall not get out of the vehicle, and the other
parent shall not approach the vehicle, during the time the child(ren) are
exchanged. |
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c. A responsible person shall conduct all
exchanges of the child(ren). Neither parent shall accompany the responsible
person when that person is transferring the child(ren) from one parent to
the other. If the parties cannot agree, the responsible person shall be:
_________[name]. |
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d. Other conditions for exchange of the
child(ren) are as follows: _______________ _______________ |
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8. Injunction Prohibiting Removing the
Child(ren). The Court hereby prohibits and enjoins the ( ) Mother ( ) Father
( ) Both from permanently removing the minor child(ren) from the ( ) State
of Florida ( ) _________[specify] without a court order or the
written consent of the other party. |
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9. Other Provisions Relating to the Minor
Child(ren). _______________ _______________ _______________ _______________
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SECTION IV. ALIMONY
| 1. |
( ) The Court denies the request(s) for
alimony OR |
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( ) The Court finds that there is a need for,
and that ( ) Petitioner ( ) Respondent (hereinafter Obligor) has/had the
present ability to pay, alimony as follows: |
[3 all that apply]
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a. Permanent Periodic. Obligor shall pay
permanent periodic alimony to Obligee in the amount of $_________ per month,
payable ( ) in accordance with Obligor's employer's payroll cycle, and in
any event, at least once a month ( ) other _________[explain]
beginning _________[date]. This alimony shall continue until modified
by court order, the death of either party, or remarriage of Obligee,
whichever occurs first. |
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b. Lump Sum. Obligor shall pay lump sum
alimony to Obligee in the amount of $_________. This amount shall be paid as
follows: _______________ _______________ |
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c. Rehabilitative. Obligor shall pay
rehabilitative alimony to Obligee in the amount of $_________ per month,
payable ( ) in accordance with Obligor's employer's payroll cycle, and in
any event, at least once a month ( ) other _________[explain]
beginning _________[date]. This rehabilitative alimony shall continue
until modified by court order, the death of either party or until _________[date/event],
whichever occurs first. The rehabilitative plan presented demonstrated the
following: _______________ _______________ |
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d. Retroactive. Obligor shall pay retroactive
alimony in the amount of $_________ for the period of _________[date],
through _________[date], which shall be paid pursuant to paragraph 3
below. |
2. Reasons for ( ) Awarding ( ) Denying Alimony. The Court
has considered all of the following in awarding/denying alimony:
a. The standard of living established during the marriage;
b. The duration of the marriage;
c. The age and the physical and emotional condition of each
party;
d. The financial resources of each party, the nonmarital and
the marital assets and liabilities distributed to each;
e. The contribution of each party to the marriage, including,
but not limited to, services rendered in homemaking, child care, education, and
career building of the other party; and
f. All sources of income available to either party.
Additionally, the Court has considered the following factors
in reaching its decision: _______________ _______________ _______________
o Check here if additional pages are attached.
3. Arrearage/Retroactive Alimony.
[3 one only]
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a. There is no alimony arrearage at the time
of this Final Judgment. |
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b. The ( ) Petitioner ( ) Respondent shall
pay to the other party the alimony arrearage of: |
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$_________ for retroactive alimony, as of
_________[date]. |
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$_________ for previously ordered unpaid
alimony, as of _________[date]. |
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The total of $_________ in alimony arrearage
shall be repaid in the amount of $_________ per month, payable ( ) in
accordance with Obligor's employer's payroll cycle, and in any event at
least once a month ( ) other _________[explain] beginning _________[date],
until paid in full including statutory interest. |
4. Insurance.
[3 all that apply]
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a. Health Insurance. ( ) Petitioner ( )
Respondent shall be required to pay health insurance premiums for the other
party not to exceed $_________ per month. Further, ( ) Petitioner ( )
Respondent shall pay any reasonable and necessary uninsured medical costs
for the other party not to exceed $_________ per year. As to these uninsured
medical expenses, the party who is entitled to reimbursement of the
uninsured medical expense shall submit request for reimbursement to the
other party within 30 days, and the other party shall, within 30 days after
receipt, submit the applicable reimbursement for that expense. |
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b. Life Insurance (to secure payment of
support). To secure the alimony obligations set forth in this judgment,
Obligor shall maintain life insurance coverage on his/her life naming
Obligee as the sole irrevocable beneficiary, so long as reasonably
available. This insurance shall be in the amount of at least $_________ and
shall remain in effect until the obligation for alimony terminates.
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5. Other provisions relating to alimony: _______________
_______________ _______________
SECTION V. CHILD SUPPORT
1. The Court finds that there is a need for child support and
that the ( ) Mother ( ) Father (hereinafter Obligor) has the present ability to
pay child support. The amounts in the Child Support Guidelines Worksheet,
Florida Family Law Form 12.901(g), filed by the ( ) Mother ( ) Father are
correct OR the Court makes the following findings: The Mother's net
monthly income is $_________, (Child Support Guidelines _____%). The Father's
net monthly income is $_________, (Child Support Guidelines _____%). Monthly
child care costs are $_________. Monthly health/dental insurance costs are
$_________.
2. Amount. Obligor shall be obligated to pay child support in
the amount of $_________ per month payable ( ) in accordance with Obligor's
employer's payroll cycle, and in any event at least once a month ( ) other
_________[explain], beginning _________[date], and continuing
until
( ) the youngest of the minor child(ren) reaches the age of 18, become(s)
emancipated, marries, dies, or otherwise becomes self-supporting OR one
of the minor children reaches the age of 18, become(s) emancipated, marries,
dies, or otherwise becomes self-supporting and either party files a supplemental
petition to modify child support and the court enters such an order.
OR
( ) _________[date/event], _________[explain].
If the child support ordered deviates from the guidelines by
more than 5%, the factual findings which support that deviation are:
_______________ _______________
3. Arrearage/Retroactive Child Support.
[3 one only]
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a. There is no child support arrearage at the
time of this Final Judgment. |
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b. The ( ) Mother ( ) Father shall pay to the
other party the child support arrearage of: |
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$_________ for retroactive child support, as
of _________[date]. |
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$_________ for previously ordered unpaid
child support, as of _________[date]. |
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The total of $_________ in child support
arrearage shall be repaid in the amount of $_________ per month, payable ( )
in accordance with Obligor's employer's payroll cycle, and in any event at
least once a month ( ) other _________[explain] beginning _________[date],
until paid in full including statutory interest. |
4. Insurance.
[3 all that apply]
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a. Health/Dental Insurance. ( ) Mother ( )
Father shall be required to maintain ( ) health ( ) dental insurance
coverage for the parties' minor child(ren), so long as reasonably available.
The party providing coverage shall be required to convey insurance cards
demonstrating said coverage to the other party. OR ( ) Health ( )
dental insurance is not reasonably available at this time. |
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b. Reasonable and necessary uninsured
medical/dental/prescription drug costs for the minor child(ren) shall be
assessed as follows: |
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( ) Shared equally by both parents.
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( ) Prorated according to the child support
guideline percentages. |
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( ) Other: _________[explain]
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As to these uninsured
medical/dental/prescription drug expenses, the party who incurs the expense
shall submit request for reimbursement to the other party within 30 days,
and the other party, within 30 days of receipt, shall submit the applicable
reimbursement for that expense, according to the schedule of reimbursement
set out in this paragraph. |
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5. Life Insurance (to secure payment of
support). To secure the child support obligations in this judgment, ( )
Petitioner ( ) Respondent ( ) Each party shall maintain life insurance
coverage, in an amount of at least $_________, on ( ) his life ( ) her life
( ) his/her life naming the ( ) minor child(ren) as the beneficiary(ies) ( )
primary residential parent as the beneficiary as Trustee for the minor
child(ren), so long as reasonably available. The obligation to maintain the
life insurance coverage shall continue until the youngest child turns 18,
becomes emancipated, marries, dies, or otherwise becomes self-supporting.
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6. IRS Income Tax Exemption(s). The party granted primary
residential responsibility or sole parental responsibility of the minor
child(ren) shall have the benefit of any tax exemption(s) for the child(ren),
OR, if checked here, ( ) assignment of any tax exemption(s) for the
child(ren) shall be as follows: _______________ _______________
Further, each party shall execute any and all IRS forms necessary to
effectuate the provisions of this paragraph.
7. Other provisions relating to child support:
_______________ _______________
SECTION VI. METHOD OF PAYMENT.
Obligor shall pay court-ordered child support/alimony and
arrears, if any, as follows:
1. Central Governmental Depository.
[3 if applies]
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a. Obligor shall pay court-ordered support
directly to the Central Governmental Depository in _________[name]
County, along with any depository service charge. |
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b. Both parties have requested and the court
finds that it is in the best interests of the child(ren) that support
payments need not be directed through the Central Governmental Depository.
However, either party may subsequently apply to the depository pursuant to
section 61.13(1)(d)3, Florida Statutes, to require payments through the
Central Governmental Depository. |
2. Income Deduction.
[3 if applies]
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a. Immediate. Obligor shall pay through
income deduction, pursuant to a separate Income Deduction Order which shall
be effective immediately. Obligor is individually responsible for paying
this support obligation until all of said support is deducted from Obligor's
income. Until support payments are deducted from Obligor's paycheck, Obligor
is responsible for making timely payments directly to the Central
Governmental Depository or the Obligee, as previously set forth in this
order. |
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b. Deferred. Income deduction is ordered this
day, but it shall not be effective until a delinquency of $_________, or, if
not specified, an amount equal to one month's obligation occurs. Income
deduction is not being implemented immediately based on the following
findings: Income deduction is not in the best interests of the
child(ren) because: _________[explain], |
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AND |
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there is proof of timely payment of a
previously ordered obligation without an income deduction order in cases of
modification, |
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AND |
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( ) there is an agreement by the Obligor to
advise the Central Governmental Depository of any change in payor and health
insurance OR ( ) there is a signed written agreement providing an
alternative arrangement between the Obligor and the Obligee. |
3. Bonus/one-time payments. ( ) All ( ) _____% ( ) No income
paid in the form of a bonus or other similar one-time payment, up to the amount
of any arrearage or the remaining balance thereof owed pursuant to this order,
shall be forwarded to Obligee pursuant to the payment method prescribed above.
4. Other provisions relating to method of payment.
_______________ _______________
SECTION VII. ATTORNEY FEES, COSTS, AND SUIT MONEY.
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1. ( ) Petitioner's ( ) Respondent's
request(s) for attorney fees, costs, and suit money _________[is or are]
denied because ____________. |
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2. The Court finds there is a need for and an
ability to pay attorney fees, costs, and suit money. ( ) Petitioner ( )
Respondent is hereby ordered to pay to the other party $_________ in
attorney fees, and $_________ in costs. The Court further finds that the
attorney fees awarded are based on the reasonable rate of $_________ per
hour and _________ reasonable hours. Other provisions relating to attorney
fees, costs, and suit money are as follows: _______________ _______________
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SECTION VIII. OTHER PROVISIONS
1. Former Name. The wife's former name of _________[full
name] is restored.
2. Other Provisions. _______________ _______________
_______________ _______________
3. The Court reserves jurisdiction to modify and enforce this
Final Judgment.
ORDERED on _________.
_______________
CIRCUIT JUDGE
COPIES TO:
Petitioner (or his or her attorney)
Respondent (or his or her attorney)
Central Governmental Depository
Other: _________
______________________________________________________________________________________
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