Florida Form 12.901b2 Instructions

Dissolution of Marriage With Property No Children

INSTRUCTIONS FOR FLORIDA SUPREME COURT APPROVED FAMILY LAW FORM 12.901(b)(2)

When should this dissolution of marriage form be used?

Form 12.901(b)(2) may be used when a husband or wife is filing for a dissolution of marriage, and the husband and wife have marital assets and/or marital liabilities but they do not have any dependent children nor is the wife is now pregnant.

You and/or your spouse must have lived in Florida for at least 6 months before filing for a dissolution in Florida.

Petition For Dissolution of Marriage With Property But No Dependent or Minor Children

If you and your spouse agree on all issues and both can attend the hearing, you may want to file a simplified dissolution of marriage petition, Florida Family Law Rules of Procedure Form 12.901(a).

However, 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.

Form 12.901b2 should be typed or printed in black ink. After completing this dissolution of marriage form, you should sign the form before a notary public or deputy clerk .

You should file the original form 12.901b2 with the clerk of the circuit court in the county where you live and keep a copy of form 12.901b2 for your records.

What should I do next?

For your case to proceed, you must properly notify your spouse of the form 12.901b2 dissolution of marriage petition.

If you know where he or she lives, you should use personal service.

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.

For more information on constructive service, see Notice of Action for Dissolution of Marriage, Florida Supreme Court Approved Family Law Form 12.913(a), and Affidavit of Diligent Search and Inquiry, Florida Family Law Rules of Procedure Form 12.913(b).

If your spouse is in the military service of the United States, additional steps for service may be required. See, for example, Memorandum for Certificate of Military Service, Florida Supreme Court Approved Family Law Form 12.912(a).

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.

If personal service is used, the respondent has 20 days to answer after being served with your form 12.901b2 dissolution of marriage petition.

Your case will then generally proceed in one of three ways:

DEFAULT... If after 20 days, your spouse has not filed an answer to form 12.901b2, you may file a Motion for Default, Florida Supreme Court Approved Family Law Form 12.922(a), with the clerk of court.

Then, if you have filed all of the required form 12.901b2 divorce papers, you may call the clerk, family law intake staff, or judicial assistant to set a final hearing.

You must notify your spouse of the hearing by using a Notice of Hearing (General), Florida Supreme Court Approved Family Law Form 12.923, or other appropriate notice of hearing form.

UNCONTESTED... If the respondent files an answer to form 12.901b2 that agrees with everything in your petition or an answer and waiver, and you have complied with mandatory disclosure and filed all of the required form 12.901b2 divorce papers, you may call the clerk, family law intake staff, or judicial assistant to set a final hearing.

You must notify your spouse of the dissolution of marriage hearing by using a Notice of Hearing (General), Florida Supreme Court Approved Family Law Form 12.923, or other appropriate notice of hearing form.

CONTESTED... If the respondent files an answer or an answer and counterpetition to form 12.901b2, which disagrees with or denies anything in your form 12.901b2 divorce petition, and you are unable to settle the disputed issues, you should file a Notice for Trial, Florida Supreme Court Approved Family Law Form 12.924, after you have complied with mandatory disclosure and filed all of the required papers.

Some circuits may require the completion of mediation before a final hearing may be set. You should contact the clerk, family law intake staff, or judicial assistant for instructions on how to set your divorce case for trial (final hearing).

If the respondent files an answer and counterpetition to form 12.901b2, you should answer the counterpetition within 20 days using an Answer to Counterpetition, Florida Supreme Court Approved Family Law Form 12.903(d).

Where can I look for more information?

Before proceeding with form 12.901b2, you should read General Information for Self-Represented Litigants found at the beginning of these forms. The words that are in “bold underline” in these instructions are defined there. For further information, see chapter 61, Florida Statutes.

Special Notes

If you do not have the money to pay the form 12.901b2 divorce filing fee, you may obtain an Application for Determination of Civil Indigent Status from the clerk, fill it out, and the clerk will determine whether you are eligible to have filing fees deferred.

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 form 12.901b2. Instead, file Petitioner’s Request for Confidential Filing of Address, Florida Supreme Court Approved Family Law Form 12.980(h).

With form 12.901b2, you must also file the following:

• Affidavit of Corroborating Witness, Florida Supreme Court Approved Family Law Form 12.902(i) OR photocopy of current Florida driver’s license, Florida identification card, or voter’s registration card (issue date of copied document must be at least six months before date case is actually filed with the clerk of the circuit court).

• Marital Settlement Agreement for Dissolution of Marriage with No Dependent or Minor Child(ren), Florida Supreme Court Approved Family Law Form 12.902(f)(2), if you and your spouse have reached an agreement on any or all of the issues.

• Notice of Social Security Number, Florida Supreme Court Approved Family Law Form 12.902(j).

• Family Law Financial Affidavit, Florida Family Law Rules of Procedure Form 12.902(b) or Rules of Procedure Form 12.902(c). (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, Florida Family Law Rules of Procedure Form 12.932. (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.)

Alimony - Spousal Support

Alimony may be awarded to a spouse if the judge finds that he or she needs it and that the other spouse has the ability to pay it. If you want alimony, you must request it in writing in the original petition or counterpetition.

If you do not request alimony in writing before the dissolution of marriage final hearing, it is waived (you may not request it later). You may request either permanent alimony, lump sum alimony, or rehabilitative alimony.

Marital/Nonmarital Assets and Liabilities

Florida law requires an equitable distribution of marital assets and marital liabilities. “Equitable” does not necessarily mean “equal.” Many factors, including alimony awards, may lead the court to make an unequal (but still equitable) distribution of assets and liabilities.

Nonmarital assets and nonmarital 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 nonmarital, the judge will not consider it when distributing marital assets and liabilities.

Temporary Relief (Temporary Support)

If you need temporary relief regarding temporary use of assets, temporary responsibility for liabilities, or temporary alimony, you may file a Motion for Temporary Support with No Dependent or Minor Child(ren), Florida Supreme Court Approved Family Law Form 12.947(c). For more information, see the instructions for that form.

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 Child(ren), Florida Supreme Court Approved Family Law Form 12.902(f)(2).

Both husband and wife must sign this 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.

Final Judgment Form

These family law forms contain a Final Judgment of Dissolution of Marriage with Property but No Dependent or Minor Child(ren), Florida Supreme Court Approved Family Law Form 12.990(c)(2), 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 Child(ren) (Uncontested), Florida Supreme Court Approved Family Law Form 12.990(b)(2).

You should check with the clerk, family law intake staff, or judicial assistant to see if you need to bring a final judgment with you to the 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.

Nonlawyer... Remember, a person who is NOT an attorney is called a nonlawyer. If a nonlawyer helps you fill out these forms, that person must give you a copy of a Disclosure from Nonlawyer, Florida Family Law Rules of Procedure Form 12.900(a), before he or she helps you.

A nonlawyer helping you fill out these forms also must put his or her name, address, and telephone number on the bottom of the last page of every form he or she helps you complete.

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