How to Fill Out Florida Form 12.901(a) (w/Examples) + FAQs

Florida Form 12.901(a), the Petition for Simplified Dissolution of Marriage, is a streamlined court form that lets two spouses end their marriage together when they meet strict eligibility rules under the Florida Family Law Rules of Procedure. You fill it out by completing each numbered paragraph with truthful personal information, attaching a signed marital settlement agreement, and filing it jointly with the clerk of the circuit court in the county where either spouse lives.

The simplified path exists because Florida courts want to reduce backlog and help cooperating spouses end short, simple marriages without a trial. According to the Florida Department of Health Vital Statistics, Florida records roughly 75,000 to 80,000 dissolutions of marriage every year, and a meaningful share of childless, low-conflict couples qualify for this faster track.

In this guide, you will learn:

• 📝 How to complete every line of Form 12.901(a) without missing a required attachment
• ⚖️ The exact eligibility gates under Florida Statute §61.052 and Rule 12.105
• 💰 How to handle filing fees, service, and the Family Law Financial Affidavit requirement
• 🛑 Common mistakes that get petitions rejected by the clerk or denied at the final hearing
• 📅 What to expect at the final hearing and how the Final Judgment of Simplified Dissolution gets entered

What Florida Form 12.901(a) Is and Who It Helps

Florida Form 12.901(a) is the official petition spouses use to ask a circuit court for a simplified dissolution of marriage under Florida Family Law Rule 12.105. The form sits inside the broader family law forms set published by the Florida Supreme Court, and it is one of the few divorce forms in the state that both spouses sign together as joint petitioners.

The simplified track is faster than a regular dissolution because neither spouse files a counterpetition, and neither side has to wait for service of process. Florida law still requires at least one spouse to live in Florida for at least six months before filing, which you prove with a Florida driver license or a notarized affidavit of corroborating witness on Form 12.902(i).

The form helps couples who agree on every issue, have no minor or dependent children together, and do not want alimony from each other. Because both spouses sign, the court treats the petition as a joint request, which is why a default judgment is impossible under this rule, as confirmed in the In re Amendments to the Florida Family Law Rules line of Florida Supreme Court orders.

A common misconception is that simplified dissolution is “no-fault lite” and that you can fix problems later. The consequence of that thinking is harsh, because once the Final Judgment is entered, you give up the right to a financial affidavit exchange, formal discovery, and a trial, and reopening the case is rare and difficult under Florida Rule 1.540.

Eligibility: The Six Gates You Must Pass

Before you fill out a single line, confirm you meet every requirement, because missing one gate means the clerk or judge will reject the petition and force you to refile on the regular track using Form 12.901(b)(1) or Form 12.901(b)(2).

Six-Month Florida Residency

At least one spouse must live in Florida for the six months immediately before filing, as required by Florida Statute §61.021. You prove residency with a Florida driver license, Florida ID card, or voter registration card issued at least six months before filing.

If you have no qualifying ID, a corroborating witness who knows you and your residency must sign a notarized affidavit of corroborating witness. The consequence of weak proof is dismissal at the final hearing, even if both spouses agree, because subject-matter jurisdiction cannot be waived.

A real example: Marcos, who moved to Tampa from Puerto Rico in January, cannot file a simplified petition in May because he has not yet hit the six-month mark. He must wait until July, or his Florida-resident spouse, Lucia, must be the one anchoring residency.

No Minor or Dependent Children

Neither spouse can have minor children together, and the wife cannot be pregnant by the husband. The rule covers biological and legally adopted children, and a “dependent” child includes any adult child who is mentally or physically incapacitated and unable to support themselves under Florida Statute §743.07.

If you do have shared minor children, you must file Form 12.901(b)(1) instead, attach a Parenting Plan, and complete Child Support Guidelines Worksheet 12.902(e). The misconception that children from prior marriages disqualify you is wrong, because only children of this marriage count.

Full Agreement on Property and Debts

You must agree in writing on how to divide every asset and every debt, and you must sign a Marital Settlement Agreement for Simplified Dissolution, Form 12.901(j)(1). The agreement must be specific, because vague language like “we will split the furniture” causes judges to reject the petition.

The consequence of leaving an asset out is the equitable distribution doctrine under Florida Statute §61.075, which can require a separate suit later to divide the missed item. Most couples list bank accounts by last four digits, vehicles by VIN, and real property by legal description.

Neither Spouse Wants Alimony

Both spouses must waive alimony in the petition. The waiver is permanent for the simplified track, which means you cannot circle back and ask for spousal support later, even if your finances change.

The 2023 alimony reform under SB 1416 eliminated permanent alimony in Florida and created bridge-the-gap, rehabilitative, and durational alimony as the only options. Couples using the simplified form give up access to all four types.

Both Spouses Sign and Appear

Both spouses must sign the petition under oath in front of a notary or deputy clerk, and both must appear at the final hearing unless the judge waives appearance. The consequence of a missed appearance is a continuance or, worse, denial.

Marriage Is Irretrievably Broken

Florida is a no-fault divorce state under §61.052, so you only need to allege the marriage is irretrievably broken. You do not list reasons, and the judge does not ask for them at the simplified hearing.

How to Fill Out Form 12.901(a), Line by Line

Open the fillable PDF directly from the Florida Courts forms page and type your entries, because handwritten entries are harder to read and lead to clerk rejections. Save the file often.

Caption and Case Style

The top of the form asks for the circuit number, the county, the case number, and the division. Leave the case number blank, because the clerk assigns it when you file, and the consequence of guessing a number is a rejected filing.

The “In the Circuit Court of the ____ Judicial Circuit” line corresponds to your county; for example, Miami-Dade is the 11th Judicial Circuit, Orange County is the 9th Judicial Circuit, and Hillsborough is the 13th Judicial Circuit. Pick the circuit where either spouse lives.

A real example: Aisha and Daniel both live in Orlando, so they enter “Ninth” on the circuit line, “Orange” on the county line, and “Domestic Relations” on the division line. They leave the case number blank for the clerk to stamp.

Paragraph 1: Jurisdiction

Paragraph 1 asks you to confirm Florida residency for six months. Check the box for “Husband” or “Wife” or both, and attach proof of residency.

The misconception that mailing address equals residency is wrong, because Florida courts look at physical presence and intent to remain, as discussed in Bloomfield v. City of St. Petersburg Beach. The consequence of a false residency claim is dismissal and possible perjury exposure.

Paragraph 2: Marriage Information

You enter the date of marriage, the place of marriage, and the date of separation. Use the date listed on your marriage certificate, which you can request from the Florida Bureau of Vital Statistics or the county where you married.

If you married outside Florida or outside the United States, you still list the actual location, because the court only needs the marriage to be valid where it happened. The consequence of an incorrect date is a clerk’s request to amend the petition.

Paragraph 3: Irretrievably Broken

You allege the marriage is irretrievably broken. Check the single box and move on, because no narrative is required.

Paragraph 4: No Minor or Dependent Children

You confirm there are no minor or dependent children of the marriage and that the wife is not pregnant. The consequence of checking this box when a child exists is dismissal at the hearing and possible referral to the Department of Revenue Child Support Program.

Paragraph 5: Property and Debts

You confirm that you and your spouse have signed a Marital Settlement Agreement on Form 12.901(j)(1) dividing all marital assets and debts. Attach the signed, notarized agreement to the petition.

Paragraph 6: Alimony Waiver

Both parties acknowledge that neither is asking for alimony. The waiver is binding, and the consequence of changing your mind later is that the court has no jurisdiction to award alimony post-judgment under Canakaris v. Canakaris.

Paragraph 7: Wife’s Former Name

If the wife wants her former name restored, list it exactly as she wants it on the Final Judgment. The consequence of a typo is a separate name-change petition under Florida Statute §68.07, which costs more and takes longer.

Signatures, Notary, and Attachments

Both spouses sign in front of a notary or deputy clerk. The clerk’s office offers free notary service in most counties, including Broward Clerk and Palm Beach Clerk.

Attach the marital settlement agreement, the Family Law Financial Affidavit Short Form 12.902(b) or Long Form 12.902(c) for each spouse, the Notice of Social Security Number Form 12.902(j), and the proposed Final Judgment Form 12.990(a).

Filing, Fees, and the Final Hearing

After signing, file the petition and all attachments with the clerk of the circuit court. Most clerks accept e-filing through the Florida Courts E-Filing Portal, and a few still allow paper filing.

The filing fee is set by Florida Statute §28.241 and is currently around $409. If you cannot afford the fee, file an Application for Determination of Civil Indigent Status with the clerk.

After filing, the clerk schedules a final hearing typically 20 to 60 days out, depending on the county’s family-law calendar. Both spouses appear, the judge asks two or three questions, confirms the agreement is voluntary, and signs the Final Judgment.

A named example: Priya and Owen file in Hillsborough County on March 3, get a hearing on April 14, and walk out divorced 12 minutes later with a stamped Final Judgment. They wait the 30-day appeal window under Florida Rule of Appellate Procedure 9.110 before remarrying.

Three Common Filing Scenarios

The chart below shows three scenarios spouses face and the legal result of each choice.

Filing Scenario	Legal Outcome
Couple has a 17-year-old together and files Form 12.901(a)	Judge dismisses the petition because Rule 12.105 bars minor children, forcing a refile on Form 12.901(b)(1) with a Parenting Plan
Spouses sign a one-page handwritten agreement instead of Form 12.901(j)(1)	Judge denies entry of Final Judgment because the agreement omits required disclosures, costing weeks of delay
Only the husband appears at the final hearing without a written waiver	Court continues the hearing under Rule 12.105(c), and the case stalls until both spouses appear together

Three Named Examples

Tomas and Beatriz Alvarez live in Coral Gables, married for two years, no kids, and they own only a 2019 Honda Civic and a joint Chase account. They complete Form 12.901(a), attach Form 12.901(j)(1), and file in the 11th Circuit for $409, getting divorced in 38 days.

Jordan Whitfield and Reese Park live in Jacksonville, married four years, both employed, and they agree Reese keeps the condo while Jordan keeps the retirement account. They file in the 4th Judicial Circuit and use the e-filing portal, finishing in 27 days.

Marisol Gutierrez and Ethan Brooks live in Pensacola and have one adopted minor child together. They cannot use Form 12.901(a) at all, so they file Form 12.901(b)(1) with a Parenting Plan in the 1st Judicial Circuit.

Mistakes to Avoid

• Skipping the Family Law Financial Affidavit because both spouses agree on money. The consequence is the judge refusing to sign the Final Judgment until both affidavits are filed.
• Listing assets by nickname like “the truck.” The consequence is an order to amend the agreement with VIN and title information.
• Filing in the wrong county. The consequence is dismissal for improper venue under Florida Statute §47.011.
• Forgetting the Notice of Social Security Number Form 12.902(j). The consequence is a clerk rejection within 24 hours.
• Signing the petition without a notary present. The consequence is automatic rejection because Florida requires verified petitions under §92.525.
• Failing to bring the original marriage certificate to the hearing in counties that require it. The consequence is a continuance of two to four weeks.
• Including a child support clause in the marital settlement agreement. The consequence is denial because no children are allowed in this track.
• Asking for alimony in the agreement. The consequence is dismissal because the petition itself waives alimony.
• Using an outdated form version. The consequence is rejection because the Florida Supreme Court updates the forms regularly.
• Filing while the wife is pregnant by the husband. The consequence is dismissal until the child is born and a Parenting Plan can be filed.

Pros of the Simplified Dissolution

• Faster timeline, because most cases close in 30 to 60 days under Rule 12.105.
• Lower cost, because no service of process fee applies and only one filing fee is paid.
• Joint petition status, because both spouses sign together and avoid adversarial labels.
• Privacy, because the short petition reveals less than a contested filing.
• Reduced emotional strain, because no trial or evidentiary hearing is held.

Cons of the Simplified Dissolution

• Permanent alimony waiver, because both spouses give up future spousal support.
• No financial discovery, because neither spouse can subpoena the other’s records.
• Strict eligibility, because any minor child or pregnancy disqualifies the couple.
• Limited appeal rights, because both signed the petition voluntarily.
• Hidden-asset risk, because no formal disclosure protects an unaware spouse.

Do’s and Don’ts

• Do double-check residency proof before filing, because jurisdiction is mandatory under §61.021.
• Do attach all required forms, because missing attachments cause clerk rejections.
• Do read the self-help instructions before filing.
• Do keep certified copies of the Final Judgment, because banks and the Social Security Administration often ask for them.
• Do confirm the hearing date with the clerk’s office one week before.
• Don’t hide assets, because Florida Statute §61.075(3) penalizes nondisclosure.
• Don’t sign agreements under pressure, because duress voids the agreement under Casto v. Casto.
• Don’t include children’s issues in this petition, because that ground requires Form 12.901(b)(1).
• Don’t skip the notary, because verified petitions are mandatory.
• Don’t forget to update beneficiaries on insurance and retirement accounts, because divorce does not automatically remove them in every case.

Key Entities You Should Know

The Florida Supreme Court writes and updates the family law forms through its Family Law Rules Committee. The clerk of the circuit court accepts your filing and schedules the hearing in your county, and you can find each clerk through the Florida Court Clerks & Comptrollers directory.

The Department of Revenue Child Support Program is irrelevant to simplified dissolutions because no children are involved, but it appears in regular dissolutions. The Florida Bar Lawyer Referral Service helps if you discover mid-process that your case is too complex for the simplified track.

Related Florida Forms You May Need

You will likely use Form 12.901(j)(1) for the marital settlement agreement, Form 12.902(b) for the financial affidavit short form when income is under $50,000, and Form 12.902(c) when income is $50,000 or more. You will also use Form 12.902(j) for the Social Security number disclosure required by §61.13(d).

The proposed Final Judgment Form 12.990(a) is what the judge signs at the hearing. You may also need Form 12.902(i) for a corroborating residency witness.

Process Timeline From Filing to Final Judgment

The first step is preparing the forms, which usually takes one to two evenings of careful work. Step two is signing in front of a notary, available free at most clerk offices.

Step three is filing through the Florida Courts E-Filing Portal and paying the fee. Step four is waiting for the clerk to issue a hearing notice, which arrives by mail or email within a week or two.

Step five is the final hearing, where both spouses appear and the judge signs the Final Judgment. Step six is the appeal window of 30 days under Florida Rule of Appellate Procedure 9.110, after which the divorce becomes truly final and either spouse can remarry.

Relevant Court Rulings to Remember

In Casto v. Casto, 508 So. 2d 330 (Fla. 1987), the Florida Supreme Court held that marital settlement agreements can be set aside for fraud, duress, coercion, or overreaching. The takeaway is to never sign Form 12.901(j)(1) under pressure, because the agreement can later be voided.

In Macar v. Macar, 803 So. 2d 707 (Fla. 2001), the court reinforced that voluntary agreements with full disclosure are tough to undo. The consequence is that simplified dissolution agreements signed knowingly will almost always stick.

In Petracca v. Petracca, 706 So. 2d 904 (Fla. 4th DCA 1998), a court rejected a settlement that omitted significant assets, showing why every account must be listed. The consequence of omission is potential litigation later.

FAQs

Can I use Form 12.901(a) if my spouse and I have a child from a previous relationship?

Yes. Children from prior marriages or relationships do not disqualify you, because the rule only bars minor or dependent children of this marriage. Confirm details with Florida Statute §61.052.

Do I need a lawyer to file Form 12.901(a)?

No. Florida courts publish self-help materials so spouses can file pro se, but a flat-fee attorney consultation is wise if assets, debts, or business interests are complex.

Can I use this form if my spouse refuses to sign?

No. Both spouses must sign the petition jointly, and refusal forces you onto the regular track using Form 12.901(b)(1) or (b)(2). Service of process becomes mandatory.

Is alimony available later if my finances change?

No. The simplified petition waives alimony permanently, and Florida courts lack jurisdiction to award it post-judgment, as confirmed in Canakaris v. Canakaris. Plan accordingly before signing.

Can I file if I just moved to Florida last month?

No. You must live in Florida for at least six months before filing, under §61.021. A spouse with longer residency can anchor jurisdiction instead.

Does the simplified dissolution let me restore my maiden name?

Yes. Paragraph 7 of Form 12.901(a) lets the wife request restoration of any former name, and the Final Judgment Form 12.990(a) makes the change effective immediately upon entry.

Will the court still divide our property if we agree?

Yes. The court adopts the agreement attached on Form 12.901(j)(1) and incorporates it into the Final Judgment, making the division enforceable as a court order under §61.075.

Can I waive the filing fee if I cannot afford it?

Yes. File an Application for Civil Indigent Status with the clerk, and if approved, the clerk waives the fee under Florida Statute §57.082.

Do both spouses really have to attend the final hearing?

Yes. Rule 12.105 requires both spouses to appear unless the court grants a written waiver, and missing the hearing causes a continuance or denial. Some judges allow remote appearances by Zoom.

Is the simplified dissolution faster than a regular divorce?

Yes. Most simplified cases close within 30 to 60 days, while contested dissolutions can take 6 to 18 months under Florida’s family law calendar.

Can I appeal the Final Judgment if I change my mind?

No. Voluntary, joint petitions are nearly impossible to appeal absent fraud or duress, as discussed in Casto v. Casto. The 30-day appeal window under Rule 9.110 is short.

Does Form 12.901(a) cover same-sex marriages?

Yes. After Obergefell v. Hodges, 576 U.S. 644 (2015), all Florida divorce forms apply equally to same-sex spouses, and the simplified dissolution is fully available to qualifying couples.