Florida Divorce Form 12.901(b)(2)
Divorce With Property No Children Form Explained
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.
Form 12.901(b)(2)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!
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Download Divorce Form 12.901(b)(2)
Interactive Fillable PDF Form 12.901(b)(2)
Interactive Fillable PDF form 12.901(b)(2)Florida Court Forms Fillable PDF Form 12.901(b)(2)
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Instructions: Divorce With Property But No Children Form
Form 12.901(b)(2) Filing Requirements
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.
Divorce With Property But No Children Requirements
- Residency - You or your spouse must have lived in Florida for the past 6 months,
- You have no dependent or minor children together and the wife is not pregnant,
- 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 cannot agree on how to split marital assets or debts, and
- One of you is asking for alimony.
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.
You do not qualify for this divorce form?
If you don't have children together and the wife is not pregnant, you can file for divorce using one of these other divorce petitions.
• If you can satisfy the requirements above and can agree on all the issues you may qualify for the Simplified Divorce...
Form 12.901a - Simplified Divorce
• If you have no property, debts, or other assets you can file...
Form 12.901b3 - Divorce No Children or Property
• If you have dependent or minor children, you must file one of these two petitions...
This is the divorce form I need, now what?
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.
Help Filling Out The Petition - Form 12.901(b)(2)
Form 12.901b2 Petition Heading
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.)
Form 12.901b2 Petition Paragraphs
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
this page.
¶ 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.
Section I - Marital Assets and Liabilities
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.
For more information, see our MSA Form 12.902f2 page.
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.
Section II - Spousal Support (Alimony)
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.
NOTE:
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.
Section III - Other Requests
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.
Request Summary & Signature Sections
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 SectionDivorce Form 12.901b2 Filing Procedure
Complete Your Supporting Forms
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.
What To Do After You Filled Out Your Forms
- Bring all of your completed forms to the clerk of the circuit court in the county where you live. For a listing of the circuit courts, their locations, and contact info click here.
- You must also bring valid ID with proof of residency for the past 6 months. If your ID is less than 6 months old, you may need to bring some other proof of residency. If you cannot satisfy the 6 month residency requirement, you will need to bring an Affidavit of Corroborating Witness signed and notarized. Download this form for more information.
- You will need to pay the filing fee to the clerk of the court when you file your paperwork. In most circuits the Filing Fee is $409. The fees vary slightly from circuit to circuit and even by county. Call the clerks office in your county to find out the current fee.
- If you think you may qualify for a fee waiver, you will need to fill out and file the Application for Civil Indigent. Some circuits have payment plans. The clerk will determine your eligibility.
- After all your papers have been filed, the filing fees paid, you will need to have the divorce papers served on your spouse. This is called Process of Service.
- Uncontested? If this is an uncontested divorce, your spouse can file the Answer and Waiver and Request for Copy of Final Judgment along with his or her Notice of Social Security forms.
Form 12.901b2 Process of Service
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.
Personal & Constructive Service
For your divorce case to proceed, you must properly notify your spouse. 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.
After You've Filed & Served Your Forms
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.
Case Progression Instructions
Your case will then proceed in one of 3 ways:
DEFAULT... If after 20 days, your spouse has not filed an answer to your divorce petiton, you may file a Motion for Default, Family Law Form 12.922(a), with the clerk of court.
Download Supporting Forms For Dissolution of Marriage With Property But No Children
Divorce With Property No Children Forms
For more information about Florida's divorce with children, see chapter 61, Florida Statutes.
For your convenience, the following is a download list of the divorce forms most commonly used for a Florida Divorce with No Children or Property (Form 12.901b3 and supporting forms):
Dissolution of Marriage With Property But No Children Supporting Forms Downloads
• Petition for Divorce With Property No Children
• Family Law Financial Affidavit (Incomes under $50K)
• Family Law Financial Affidavit (Incomes over $50K)
• Marital Settlement Agreement
• Notice of Social Security Number
• Affidavit of Corroborating Witness
• Cover Sheet for Family Court Cases
• Answer Waiver & Request For Copy Final Judgment
• Answer to Counterpetition Divorce w/ Children
• Application for Determination of Civil Indigent Status
• General Information for Self-Represented Litigants
• Final Judgment of Divorce With Property No Children
NOTE: Many of these forms are not PDF fillable. You will need to print them out and write in the blanks with a black pen.
Instead, you can purchase these forms in PDF fillable format individually. Fill them out on your computer and then print.
See our Premium PDF fillable forms for sale on our Family Law Forms page.
Florida Court Forms' Premium PDF Forms
Premium Interactive Fillable PDF Form 12.901b2
Properly formatted and fillable online, our interactive fillable PDF forms are the same forms we use for our Documents Preparation Service clients.
DIY PDF Fillable Divorce Forms Packet
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DFP901B2 - Uncontested Divorce Forms Packet With Property But No Children (2016)This divorce forms packet is suitable for divorcing parties who are in agreement with all issues (uncontested) and have property but no children.
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Your legal documents ready to file at a price you can afford!
Our Petition Preparer Service can have all your documents professionally prepared after a brief interview with our experienced Legal Document Specialists.
Your court papers will be in your hands and ready to file in as little as three days! We guarantee our work. Just ask us for a quote.
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