Learn how to fill out Form 12.901b2, Petition for Dissolution of Marriage With Property But No Dependent or Minor Children, with our do-it-yourself step by step instructions and helpful explanations.
For those who do not qualify for the Simplified Divorce, Florida's regular Divorce with Property but No Children process starts with this petition... Florida Family Law Rules of Procedure Form 12.901(b)(2).
Relying on years of experience helping Pro Se filers fill out these forms, we make these instructions simple to follow and easy to use.
Most people filing for a Florida Divorce with Property But No Children will be able to fill out all their forms by using just this page as their guide.
So your first instruction is to... bookmark this page!
Ready to begin? Great, just download the form and open it in a new tab or window.
Notice: This page is for informational purposes only. This is not legal advice. If you need legal advice you should speak to an attorney.
As with all of these forms, you will need to satisfy the filing requirements in order to use this form.
The first page of this forms' instructions state when you can use Form 12.901b2.
If you do not meet any one or more of these requirements, you may still be able to use one of the other petitions for divorce.
The easiest way to get your forms filled out correctly and efficiently is to start with the petition first.
We recommend having copies of the supporting forms you will need to file with your petition handy.
See the box at the bottom of this page for the list of these forms. You can download the supporting forms from there.
Fill out the top portion of the form, known as the style or heading.
The heading should be the same for all the supporting forms as well.
Petition For Divorce With Property Style (Heading)
The county is the county where you file with the Clerk of the Court. Usually this is the county where at least one of you currently live.
The circuit is the judicial circuit of the county you are filing your paperwork. To find out which judicial circuit your county is in, you can check here.
The case number and division should be left blank for the clerk to assign. Once the divorce papers are filed and the case number is assigned, all the supporting forms should have the case number and division filled out the same way.
Your names in the husband and wife section are your full legal names. Usually this means your name as it appears in your state or federally issued ID (ie. your driver's license, passport, marriage certificate, etc.)
Most of the paragraphs (symbolized here with ¶) are self explanatory.
However, some parts of these forms can be confusing.
Where appropriate, we try to clear this up.
Petition For Divorce With Property Paragraphs 1 to 3
Type in your full legal name as you did in the husband/wife section above and check the appropriate box.
¶ 1. This is the residency requirement. At least one of you must be a resident of Florida for the last 6 months. Check the box that applies.
¶ 2. Military service includes active reserves. Retired military does not count as active.
¶ 3. This is the marriage declaration. Write the date you were married and the date you separated. Check the box if the separation date is approximate.
Petition For Divorce With Property Paragraphs 4 to 6
¶ 4. Statement that there are no minor or dependent children common to the marriage and that the wife is not currently pregnant.
5. Your Notice of Social Security Number is filed with the Petition.
Both of you will need to file this form if you are filing uncontested.
You can download this form from the supporting forms box at the end of
¶ 6. This is the grounds for divorce requirement. Check the box if you believe the marriage cannot be saved (irretrievably broken). Or check the box if the grounds are for mental incapacitation with adjudication over 3 years.
DOM With Property Section 1 Marital Assets & Liabilities
¶ 1. Check here if there are no assets or liabilities to divide and move on to Section II.
¶ 2. Check here if you do have marital assets and liabilities. These should be included in your Financial Affidavit Form available in the supporting forms download box below.
a) If you have agreed on how to split your assets & liabilities and filled out a Marital Settlement Agreement (MSA) you can check here. If at all possible, we recommend that you do this.
b) If you have not reached an agreement and prefer that the court determines how to divide the financial assets and liabilities, check here.
See section 61.075 of the Florida Statutes for more information on the equitable distribution of marital assets and liabilities.
c) Check here if you are asking the court to order an interest in one or more of your spouse's non-marital assets. You must provide a reason for this request.
TIP: Many of these sections require a skilled level of understanding. You should seek free or low cost legal consultations to discuss these areas of the law.
We recommend that you
consult a local attorney to go over your options. You can use this free lawyer referral service. Many lawyers offer free and low cost consultations.
DOM With Property Section 1 Spousal Support (Alimony)
¶ 1. Check here if you are not seeking alimony from your spouse and move on to Section III.
¶ 2. This is where you ask for alimony.
Enter the amount of support you are requesting, how often this amount should be paid, and the date you are requesting these payments to start.
You must sate the reasons why you are seeking alimony and that your spouse has the ability to pay.
¶ 3. Optional. State any other request in regards to the alimony you are
seeking here, such as income tax treatment of the payments.
¶ 4.This is where you request that life insurance be maintained to safeguard the alimony payments.
Alimony is a very technical part of the law, and you should seek legal
advice even if you plan on filing Pro Se. See the local attorney referral
recommendation we made above.
DOM With Property Section 3 Other Requests
¶ 1. If your are the wife, and would like to have your name changed back
to your maiden name or your former name, check this box and enter the
full legal name here.
¶ 2. If there is a request you would like the court to order as part of the final judgment, this is where you would enter it.
Divorce With Property Request Summary
Check your box for either husband or wife requesting that the court end the marriage.
¶ 1. Check the box here if you are the wife and requesting your name be changed back to your former name. Write your former name in the full legal name field.
¶ 2. Check this box if you asked the court to consider an other request in paragraph 10 above.
Fill out your name and address but DO NOT sign until you are in the clerks office filing your paperwork. The deputy clerk will witness your signature for a fee.
TIP: You can save a few dollars by having your documents notarized by your local bank. Many banks offer free or minimal cost notary services for their account holders.
Dissolution Of Marriage With Property Signature Section
After completing Form 12.901(b)(2), you will need to fill out the supporting forms as well. At a bare minimum you must file your Notice of Social Security and the Civil Cover Sheet.
A Marital Settlement Agreement is not recommended if you can agree on how to divide your assets and debts.
If you can, you should also complete your Financial Affidavit and the Mandatory Disclosure forms. You can file these up to 45 days after you file the petition.
Remember, always make copies for your records.
NOTE: Do Not sign the forms until you are at the clerk of the court filing your papers or having them notarized. Your signatures must be witnessed by the deputy clerk or a Notary Public.
Your divorce petition and the supporting forms must be properly served on your spouse.
If you know where he or she lives, you will need to have the papers delivered by the sheriff in the county where he or she lives. This is called Personal Service.
If you do not know where they are currently living, you may need to use the process called Constructive Service.
If your spouse is willing to sign a waiver of process form, they may save the embarrassment of having the sheriff show up at their door or place of work.
We have a fully fillable Waiver of Process form for instant download for $2.00 • Buy Now.
After all your papers have been filed, the filing fees paid, and your spouse has been served, you will need to contact the clerk again after 20 days to see if an answer has been filed by your spouse.
Follow the Case Progression Instructions in the box below.
TIP: If your case is uncontested, have your spouse sign and notarize the Answer, Waiver, and Request for Copy of Final Judgment of Dissolution of Marriage Form 12.903(a) and their Notice of Social Security Number forms. Bring these to the clerk of court to file with your petition.
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