Florida Court Forms
Florida Divorce Forms 12.901b2
Divorce With Property Form Instructions
Florida Divorce Forms 12.901b2 Instructions and Procedures: Free Florida divorce forms 901b2, Dissolution of Marriage, With Property, No Children, Florida Family Law Form 12.901(b)2. Download divorce forms, with description, help, and filing instructions.Is this the right Florida divorce form for me?
You may use these free divorce forms, Dissolution of Marriage - with Property, when a husband or wife is filing for a divorce AND you have marital assets and/or liabilities AND you do not have any dependent children AND the wife is not now pregnant.
You and/or your spouse must have lived in Florida for at least 6 months before filing. If this is not the form for you, see the following related Florida divorce forms links.
Petition for Dissolution of Marriage with Property
Simplified Dissolution of Marriage - Uncontested
Dissolution of Marriage - No Property or Children
Dissolution of Marriage - With Children
If you both agree on all issues and can attend the Final Hearing together, you may want to file a Simplified Dissolution of Marriage petition.
You cannot file for a Simplified Dissolution of Marriage if any of the following are true:
- You disagree about property, debts, or other matters and wish to have a judge settle them for you.
- Either you or your spouse is seeking support (alimony).
- You would like to ask questions and get documents concerning your spouse’s income, expenses, assets, debts, or other matters before having a trial or settlement.
- You would like to reserve your rights to have any matters reconsidered or appeal the judge’s decision.
This form should be typed or printed in black ink. After completing this form, you should sign the form before a notary public or a deputy clerk.
You should file the original with the Clerk of the Circuit Court in the county where you live and keep a copy for your records.
Required and Supporting Forms to File
With this form, you must also file the following:
- Affidavit of Corroborating Witness OR photocopy of current Florida driver’s license, Florida identification card, or voter’s registration card.
- Marital Settlement Agreement for Dissolution of Marriage with No Dependent or Minor Children if you have reached an agreement on any or all of the issues.
- Notice of Social Security Number.
- Family Law Financial Affidavit - This must be filed within 45 days of service of the petition on the respondent, if not filed at the time of the petition.
- Certificate of Compliance with Mandatory Disclosure - This must be filed within 45 days of service of the petition on the respondent, if not filed at the time of the petition, unless you and your spouse have agreed not to exchange these documents.
For your case to proceed, you must properly notify your spouse of the Florida divorce form petition. If you know where he or she lives, you should use personal service.
Service of Process in Florida
For your case to proceed, you must properly notify your spouse of the petition.
If you know where he or she lives, you should use personal service.
| What is Personal Service? |
|---|
| Service means "giving a copy of the required papers to the other party using the procedure that the law requires." There are 4 ways to make service:
Personal Service Personal service is required for all Florida divorce form petitions. You cannot serve these papers on the other party yourself or by mail or hand delivery. Personal service must be made by the sheriff’s department or by a certified private process server in the county where the other party lives or works. |
If you absolutely do not know where he or she lives, you may use constructive service. You may also be able to use constructive service if your spouse resides in another state or country.However, if constructive service is used, other than granting a divorce, the court may only grant limited relief... If your spouse is in the military service of the United States, additional steps for service may be required...
In sum, the law regarding constructive service and service on an individual in the military service is very complex and you may wish to consult an attorney regarding these issues.
For more information about constructive service, limitations, and related free Florida divorce forms, see our page on diligent searches and constructive service.
Florida Marital & Non-Marital Assets and Liabilities
Florida law requires "an equitable distribution of marital assets and marital liabilities." “Equitable” does not necessarily mean “equal.”
Many factors, including child support, custody, and alimony awards, may lead the court to make an unequal (but still equitable) distribution of assets and liabilities.
Non-marital assets and non-marital liabilities are those assets and liabilities which the parties agree or the court determines belong to, or are the responsibility of, only one of the parties.
If the parties agree or the court finds an asset or liability to be non-marital, the judge will not consider it when distributing marital assets and liabilities.
TEMPORARY RELIEF
If you need temporary relief regarding temporary use of assets, temporary responsibility for liabilities, parental responsibility and visitation with children, temporary child support, or temporary alimony, you may file a Motion for Temporary Support with Dependent or Minor Children. For more information, see the instructions for that form.
Florida Marital Settlement Agreement
If you and your spouse are able to reach an agreement on any or all of the issues, you should file a Marital Settlement Agreement for Dissolution of Marriage with Property But No Dependent or Minor Children.
Both of you must sign this Florida divorce form agreement before a notary public or deputy clerk. Any issues on which you are unable to agree will be considered contested and settled by the judge at the final hearing.
Florida Divorce Final Judgment
These Florida divorce forms contain a Final Judgment of Dissolution of Marriage with Property but No Dependent or Minor Children, which the judge may use if your case is contested.
If you and your spouse reach an agreement on all of the issues, the judge may use a Final Judgment of Dissolution of Marriage with Property but No Dependent or Minor Children (Uncontested)
You should check with the clerk to see if you need to bring a Florida divorce form Final Judgment with you to the Final Hearing.
If so, you should type or print the heading, including the circuit, county, case number, division, and the parties’ names, and leave the rest blank for the judge to complete at your hearing or trial.
Is there anything else I should know?
If you haven't done so already, you should read the General Information for Self-Represented Litigants guide.
For further information about Florida Divorce forms, see chapter 61 of the Florida Statutes.
If you do not have the money to pay for this Florida divorce form filing fee, you may obtain an Application for Determination of Civil Indigent Status. The clerk will determine whether you are eligible.
If this is a domestic violence case and you want to keep your address confidential for safety reasons, do not enter the address, telephone, and fax information at the bottom of this Florida divorce form.
Instead, file Petitioner’s Request for Confidential Filing of Address.
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Fillable Forms Packets
Fully Interactive & Complete Forms Packet for Divorce with No Children or Property. All forms are interactive and properly formatted in PDF and includes resources and filing procedures. Forms Packet 12.901(b)(3)
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