Florida Form 12.901(b)(2) is the official Petition for Dissolution of Marriage with Property but No Dependent or Minor Child(ren), and you fill it out by entering your personal information, marriage details, and requests for property, debt, alimony, and name restoration in numbered paragraphs that match the Florida Supreme Court-approved template. You file the completed form with the Clerk of the Circuit Court in the county where you or your spouse last lived together, pay the filing fee, and serve your spouse under Florida Statute §61.043.
The form solves a real problem: without a properly completed petition, the court cannot open a divorce case, and your marriage stays legally intact. According to the Florida Department of Health Vital Statistics, Florida recorded roughly 75,000 dissolutions of marriage in a single recent year, and a large share of those filers used the 12.901(b)(2) form because they had property to divide but no minor children.
Here is what you will learn in this guide:
- 📝 How to complete every paragraph of Form 12.901(b)(2) line by line
- ⚖️ Which Florida statutes control each section, including the new alimony rules under SB 1416
- 💼 What companion forms you must file alongside the petition, like the Family Law Financial Affidavit
- 🚫 The most common mistakes pro se filers make and how to avoid clerk rejections
- 💰 What it really costs to file, including the current $409 filing fee at most Florida clerks of court
What Is Florida Form 12.901(b)(2)?
Florida Form 12.901(b)(2) is the petition you file when you want to end your marriage, you and your spouse own property or debt that needs to be divided, and you do not share any minor or dependent children. The form lives inside the Florida Family Law Rules of Procedure Forms approved by the Florida Supreme Court. It is one of three primary dissolution petitions, and choosing the right one matters because the wrong form can lead to outright dismissal.
The plain-English meaning is simple. You are asking a Florida judge to legally dissolve your marriage and decide who keeps the house, the cars, the bank accounts, and the debts. The consequence of using the wrong petition is that the clerk may reject your filing, or worse, the judge may dismiss your case after you have already paid the filing fee, which currently runs around $409 in most counties.
A real example helps. Imagine Maria, a 42-year-old nurse in Orlando who owns a paid-off condo with her husband David. They have no children together. Maria uses 12.901(b)(2) because they have property (the condo, two cars, and a 401(k)) but no kids. If Maria mistakenly used Form 12.901(b)(3), the simplified version, she would lose her right to ask for alimony or to appeal.
A common misconception is that “no dependent children” only means no biological children. The Florida courts treat any minor child the parties are legally responsible for, including adopted children, as a dependent. If you adopted a child together, you must use Form 12.901(b)(1) instead.
When 12.901(b)(2) Is the Right Choice
You use 12.901(b)(2) when three conditions are all true. First, at least one spouse has lived in Florida for six months before filing, as required by Fla. Stat. §61.021. Second, you and your spouse share marital property, marital debts, or both. Third, you have no minor or dependent children together and the wife is not currently pregnant.
The consequence of failing the residency test is dismissal without prejudice, meaning you can refile but you waste time and money. The Florida Supreme Court reaffirmed this in Gillman v. Gillman, which held that residency is a jurisdictional requirement, not a technicality.
A misconception worth flagging: many filers think a Florida driver’s license alone proves residency. It does not. You usually need a corroborating witness affidavit on Form 12.902(i) or a second proof, such as a voter registration card.
How 12.901(b)(2) Differs From Other Petitions
The petition you choose changes the rights you can claim, the discovery you must do, and the speed of your case. Picking the right one prevents costly do-overs. The table below compares the three main petition forms.
| Form Number | Best For |
|---|---|
| 12.901(a) | Marriages declared void (bigamy, incest, fraud) |
| 12.901(b)(1) | Couples with minor or dependent children |
| 12.901(b)(2) | Couples with property or debt but no minor children |
| 12.901(b)(3) | Simplified dissolution, no kids, no alimony, full agreement |
Before You Start: Documents and Information You Need
You cannot draft an accurate 12.901(b)(2) without a stack of supporting documents on your desk. Florida judges expect specific dates, dollar amounts, and legal descriptions, not estimates. The consequence of guessing is a Family Law Financial Affidavit that contradicts your petition, which damages your credibility before a judge ever hears your case.
Gather your marriage certificate, proof of Florida residency for six months, deeds to any real estate, titles to vehicles, recent statements for every bank and retirement account, three months of pay stubs, the most recent two years of tax returns, and a list of every debt with the current balance. You also need your spouse’s full legal name, current address, and date of birth. If your spouse has changed names, list every alias.
A real example: James, a retired veteran in Tampa, tried to file his petition without his wife’s Social Security Number. The clerk rejected his package because Florida requires the Notice of Social Security Number (Form 12.902(j)) for both parties at the time of filing.
A common misconception is that you can leave blanks where you do not know an answer. You cannot. You must write “unknown” and explain why in a sworn statement, or the petition is treated as incomplete.
Step-by-Step Walkthrough of Form 12.901(b)(2)
The form moves from caption to signature in a logical order, and each numbered paragraph maps to a Florida statute. Skipping or fudging a paragraph creates grounds for the other side to file a Motion to Dismiss under Florida Rule of Civil Procedure 1.140. Below is a paragraph-by-paragraph breakdown so you can fill out every section with confidence.
The Caption: Court, County, and Case Number
The caption sits at the very top. You enter the name of the circuit court (for example, “In the Circuit Court of the Ninth Judicial Circuit, in and for Orange County, Florida”), the case number (leave blank, the clerk assigns it), and the division (the clerk also assigns this, often “Family” or “Domestic Relations”).
The plain-English rule is that venue must match where you and your spouse last lived together as a married couple, or where the respondent currently lives, per Fla. Stat. §47.011. The consequence of filing in the wrong county is a venue transfer and lost filing fees in some cases.
A real example: Sofia in Miami-Dade and her husband last lived together in Broward County before she moved south. She must file in Broward unless her husband consents to Miami-Dade venue.
A common misconception is that you file where you got married. Florida cares about residence, not the wedding location.
Petitioner and Respondent Information
You identify yourself as the Petitioner and your spouse as the Respondent. Enter both legal names exactly as they appear on the marriage certificate. You do not list your home address on the petition itself if you have a confidentiality concern; instead, use the Request for Confidential Filing of Address, Form 12.980(h).
The consequence of a name mismatch between the petition and the marriage certificate is a clerical headache that may delay the final judgment. Judges have rejected final judgments that misspelled a party’s name because it created problems with the Florida Bureau of Vital Statistics.
Paragraph 1: Jurisdictional Allegations
Paragraph 1 asks you to swear that you or your spouse has lived in Florida for at least six months before filing. The plain-English meaning: you are giving the court the legal authority to hear your case. The consequence of a false residency claim is dismissal and possible perjury exposure under Fla. Stat. §837.02.
A real example: Carlos, a traveling nurse, claimed Florida residency after living in the state for only four months. The judge dismissed the case after his spouse produced his Texas lease.
A common misconception is that owning Florida property counts as residency. It does not. Residency under Fla. Stat. §61.021 requires physical presence with intent to remain.
Paragraph 2: Marriage Facts
You list the date and place of marriage, and you allege that the marriage is irretrievably broken, the standard no-fault ground under Fla. Stat. §61.052. You may also allege mental incapacity, but that ground requires a separate adjudication and three years of incapacity.
The consequence of leaving this paragraph blank is a defective petition. A judge cannot grant a divorce without a legally recognized ground, even in a no-fault state. A real example: Linda in Jacksonville checked neither box. The clerk accepted the filing, but the judge denied her final hearing until she amended.
Paragraph 3: No Minor or Dependent Children
You confirm under oath that the parties have no minor or dependent children in common and that the wife is not pregnant. The plain-English meaning: this paragraph is the gatekeeper that lets you use 12.901(b)(2) in the first place.
The consequence of a false statement is severe. If a child surfaces later, the final judgment can be reopened under Florida Family Law Rule 12.540 for fraud on the court. A real example: Brian concealed a pregnancy from his prior relationship. The court vacated the judgment and ordered a paternity action.
Paragraph 4: Marital Assets and Liabilities
You attach a list of marital and non-marital property and debts. Florida follows equitable distribution under Fla. Stat. §61.075, which presumes a 50/50 split unless one party proves an unequal division is justified.
The consequence of omitting an asset is that the court can later reopen the judgment to divide hidden property under the doctrine recognized in Macar v. Macar. A real example: Tracy did not list her vested pension. Her ex-husband reopened the case three years later and received a share.
A common misconception is that anything titled in only one name is non-marital. Not true. Anything earned or acquired during the marriage is presumed marital, regardless of title.
Paragraph 5: Alimony
You check the box if you are asking for alimony, and you specify the type. After SB 1416, signed in July 2023, Florida recognizes only four types: temporary, bridge-the-gap, rehabilitative, and durational. Permanent alimony is no longer available for cases filed on or after July 1, 2023.
The consequence of forgetting to check this box is forfeiture. If you do not request alimony in the petition, you cannot ask for it later, per Hahamovitch v. Hahamovitch. A real example: Patricia assumed she could raise alimony at trial. The judge struck her claim because the petition was silent.
A common misconception is that a long marriage automatically guarantees alimony. The 2023 reform made durational alimony the default and capped it at 50% of a short-term marriage, 60% of a moderate-term, and 75% of a long-term marriage.
Paragraph 6: Name Restoration
You check the box to restore a former name, and you write the exact name you want restored. The plain-English meaning: the judge will order the clerk to reflect your prior legal name in the final judgment.
The consequence of skipping this paragraph is that you must file a separate civil name-change action under Fla. Stat. §68.07, which costs another filing fee and requires fingerprinting. A real example: Aisha forgot to check the box. She paid an extra $401 and waited four months for fingerprint clearance.
A misconception: people think they can restore any prior name. Florida only restores a former legal name, not a fresh new name.
Paragraph 7: Other Relief
You may add requests like enforcement of a prenuptial agreement, award of attorney’s fees under Fla. Stat. §61.16, or exclusive use of the marital home pending sale. The consequence of leaving this blank is waiver of those claims.
A real example: Marcus in Pensacola did not request attorney’s fees. He spent $14,000 on his own lawyer and could not recover any of it because the petition never asked.
Signature, Verification, and Notarization
You sign in front of a notary or a deputy clerk of court, who watches you swear that the contents are true. The plain-English meaning: you are creating a sworn document, and lying makes you guilty of perjury.
The consequence of an unverified petition is rejection by the clerk’s intake desk. A real example: Eleanor mailed her petition without notarization. The clerk returned it, costing her two weeks.
Companion Forms You Must File With 12.901(b)(2)
The petition rarely travels alone. Florida requires several supporting documents at filing or shortly after. Skipping any one of them slows your case and may trigger a show-cause order from the judge. Below are the forms most commonly filed with 12.901(b)(2).
The plain-English rule is that the court needs a complete picture of you, your spouse, your finances, and how you will serve the other party. The consequence of an incomplete package is that your case stalls in “deficient” status until you cure the defect.
A real example: Robert in Sarasota filed his petition but forgot the Civil Cover Sheet, Form 1.997. The clerk would not assign a case number until he filed it.
| Companion Form | Purpose |
|---|---|
| Form 12.902(b) or (c) | Family Law Financial Affidavit, short or long form |
| Form 12.902(f)(2) | Marital Settlement Agreement (no kids) |
| Form 12.902(j) | Notice of Social Security Number |
| Form 12.910(a) | Summons for Personal Service |
| Form 1.997 | Civil Cover Sheet |
| Form 12.932 | Certificate of Compliance with Mandatory Disclosure |
Three Common Filing Scenarios
The way you fill out 12.901(b)(2) depends on the facts of your marriage. Below are the three most popular scenarios I see in Florida family law practice, each presented as a 2-column scenario table.
Scenario 1: Equal Asset Split, No Alimony
| Filing Choice | Outcome at Final Judgment |
|---|---|
| Petitioner checks “no alimony requested” | Judge enters final judgment without alimony reservation |
| Both spouses sign 12.902(f)(2) | Court adopts the agreement under Casto v. Casto |
| Petition lists each asset and assigns it to one party | Equitable distribution under §61.075 is satisfied |
Scenario 2: Contested Alimony in a Long-Term Marriage
| Filing Choice | Outcome at Final Judgment |
|---|---|
| Petitioner requests durational alimony under SB 1416 | Judge applies new statutory caps |
| Spouse contests need and ability to pay | Court holds evidentiary hearing |
| Both sides exchange 12.932 disclosures | Failure to disclose can lead to sanctions |
Scenario 3: One Spouse Cannot Be Located
| Filing Choice | Outcome at Final Judgment |
|---|---|
| Petitioner files Affidavit of Diligent Search (12.913(b)) | Court allows service by publication |
| Service runs in a local newspaper for four weeks | Judge gains personal jurisdiction over status only |
| Property and alimony claims may be limited | Court may not divide out-of-state property without personal service |
Three Named Examples Showing 12.901(b)(2) in Action
Real-world examples make the form less abstract. Below are three named scenarios drawn from typical Florida cases, each illustrating a different filing strategy and the consequence of every choice.
The plain-English takeaway is that small drafting choices on the petition control huge financial outcomes years later. The consequence of careless drafting is permanent loss of legal rights, because Florida is a strict pleading jurisdiction in family law. A common misconception is that you can fix mistakes informally at the final hearing; you usually cannot without a formal amendment.
Example 1: Maria and David in Orlando
Maria, age 42, and David, age 45, own a paid-off Orlando condo worth $325,000, two cars, and a joint savings account with $48,000. They have no children. Maria files 12.901(b)(2), checks the alimony box for bridge-the-gap, and attaches a signed Marital Settlement Agreement splitting everything 50/50. The judge enters the final judgment in 35 days.
Example 2: James the Tampa Veteran
James, age 67, is a retired Air Force veteran in Tampa. His wife of 14 years, Helen, is a homemaker. James files 12.901(b)(2) and lists his military pension under USFSPA rules. Helen requests durational alimony. Because the marriage falls in the moderate-term bracket under SB 1416, Helen’s alimony cannot exceed 60% of 14 years.
Example 3: Aisha and Marcus in Pensacola
Aisha, age 33, married Marcus, age 35, four years ago. They own a Pensacola starter home with negative equity and $22,000 in joint credit card debt. Aisha files 12.901(b)(2), checks the box to restore her former surname, and asks the court to assign the credit card debt to Marcus because he ran up the balances at a casino. The judge applies an unequal distribution under §61.075(1)(i) for intentional dissipation.
Mistakes to Avoid When Filing 12.901(b)(2)
Pro se filers repeat the same errors, and each one has a specific negative consequence. Avoiding these traps saves time, money, and relief you cannot recover later. Below are the seven most common mistakes I see at the Florida Family Law Self-Help Centers.
- Filing the wrong petition form, which forces a complete refile and a new fee at the clerk of court.
- Forgetting to attach the Notice of Social Security Number, which causes the clerk to reject your package at intake.
- Leaving the alimony box blank when you actually want alimony, which permanently waives the claim under Hahamovitch.
- Listing assets without values, which prevents the judge from applying equitable distribution under §61.075.
- Signing the petition without a notary, which means the clerk treats the document as unsworn and unfiled.
- Skipping the Civil Cover Sheet, which prevents the clerk from assigning a case number.
- Serving your spouse by regular mail instead of a sheriff or certified process server, which is invalid service and forces you to start over.
- Forgetting to file the Certificate of Compliance with Mandatory Disclosure, Form 12.932, within 45 days of service.
Do’s and Don’ts Checklist
The following list collects the highest-impact rules from Florida statutes, the Florida Family Law Rules of Procedure, and recurring case law. Each item includes the why so you understand the rationale.
Do’s
- Do verify your six-month residency with a witness affidavit on Form 12.902(i), because the court requires corroboration under §61.052.
- Do list every marital asset and debt, because hidden items can reopen a final judgment under Macar v. Macar.
- Do request alimony in the petition if you might want it, because Florida courts strictly enforce pleading requirements.
- Do file the Notice of Confidential Information when your filing contains protected data, to comply with Rule 2.420.
- Do keep copies of every page you send to the court, because the clerk will not return originals.
- Do confirm venue with the Florida Courts Locator, to avoid a transfer motion.
Don’ts
- Don’t use Form 12.901(b)(3) if you want to preserve the right to alimony, because the simplified form waives that right.
- Don’t sign the petition before reaching the notary, because Florida requires the oath in the notary’s presence.
- Don’t list a P.O. Box as your residence, because the court rejects post office boxes for residency proof.
- Don’t omit your spouse’s date of birth, because the Florida Department of Health needs it for the divorce report.
- Don’t try to serve your spouse yourself, because Rule 1.070 bars party-served process.
- Don’t ignore the Mandatory Disclosure rule, Rule 12.285, because non-compliance is sanctionable.
Pros and Cons of Using 12.901(b)(2) Pro Se
Filing without a lawyer can save thousands, but it carries real risks. Below is an honest, evidence-based look at both sides.
Pros
- Saves the typical Florida divorce attorney fee, which the Florida Bar reports averages $250 to $400 per hour.
- Gives you direct control over every paragraph and exhibit, which avoids miscommunication.
- Forces you to read each statute, which builds knowledge useful in post-judgment matters.
- Lets you proceed at your own pace, without waiting on lawyer scheduling.
- Allows full use of the Florida Courts Self-Help Forms, which are designed for pro se litigants.
Cons
- Risks waiver of alimony or attorney’s fees through small drafting errors.
- Increases the chance of a Motion to Dismiss for pleading defects.
- Forces you to handle equitable distribution math without professional valuation help.
- Exposes you to perjury risk if you misstate residency or assets, under §837.02.
- Removes the buffer that a lawyer provides between you and a hostile spouse.
Filing, Fees, and Service of Process
Filing is the moment your petition becomes a real lawsuit. You file electronically through the Florida Courts E-Filing Portal or in person at the Clerk of the Circuit Court in the proper county. The base filing fee currently sits at about $409, although individual counties add small surcharges.
The plain-English rule is that you must pay the fee, or apply for indigent status under Fla. Stat. §57.082, before the clerk opens the case. The consequence of non-payment is that nothing happens, no case number, no service, no judgment.
A real example: Olivia, an unemployed teacher in Gainesville, qualified for indigent status by submitting Form 12.902(g). She filed for free and obtained her final judgment in 60 days.
A common misconception is that you can email the petition to the judge. You cannot. Service must occur through a sheriff, a certified process server, or by publication after a diligent search affidavit.
Service of Process Steps
You take the issued Summons from the clerk, deliver it with a copy of the petition to the county sheriff or a certified process server, and pay the service fee, usually $40 to $75. The server delivers the package to your spouse and files a Return of Service with the court.
The consequence of skipping personal service is that the court has no jurisdiction to divide property or grant alimony, only to dissolve the status of marriage. The Florida Supreme Court explained this in Becker v. Becker, which distinguishes in rem status from in personam relief.
A misconception: many filers think a friendly spouse can simply sign for the papers. Florida allows that through a Waiver and Acceptance of Service, but the waiver must be notarized after the petition is filed.
Key Court Rulings That Shape 12.901(b)(2) Cases
Florida appellate courts have built a deep body of case law around dissolution petitions. Knowing the leading rulings helps you anticipate how a judge will read your petition.
In Casto v. Casto, the Florida Supreme Court held that marital settlement agreements are presumed valid and will be enforced unless one party proves fraud, duress, or overreaching. The consequence is that you should not sign a 12.902(f)(2) until you understand every term.
In Macar v. Macar, the Court allowed reopening of a final judgment when one spouse hid assets. The lesson is that full disclosure on Schedule 4 of your petition is not optional.
In Hahamovitch v. Hahamovitch, the Court enforced a strict reading of prenuptial waivers. If your prenup waives alimony, the petition cannot revive the claim. In Gillman v. Gillman, the Court reaffirmed that residency is a jurisdictional prerequisite, not a procedural detail.
Frequently Asked Questions
Can I use Form 12.901(b)(2) if I have stepchildren?
Yes. Stepchildren are not legal dependents of the marriage unless you adopted them, so 12.901(b)(2) is the proper form when you and your spouse share no biological or adopted minors.
Do I have to live in Florida to file?
Yes. At least one spouse must live in Florida for six months before filing under Fla. Stat. §61.021, or the court has no jurisdiction to dissolve the marriage.
Can I add minor children later if we adopt during the case?
No. You must dismiss 12.901(b)(2) and refile Form 12.901(b)(1) because the petition’s jurisdictional allegation about no minor children would no longer be true.
Is permanent alimony still available in Florida?
No. SB 1416, effective July 1, 2023, eliminated permanent alimony for cases filed after that date and replaced it with bridge-the-gap, rehabilitative, and durational alimony.
Do I need a lawyer to file 12.901(b)(2)?
No. Florida courts allow pro se dissolution filings, and the Florida Courts Self-Help program publishes step-by-step guidance for couples without lawyers.
Can I file if my spouse lives in another state?
Yes. You can file in Florida if you meet residency, but you must serve your out-of-state spouse under Florida’s long-arm statute, §48.193, to obtain personal jurisdiction over property and alimony.
Is mediation required before a final hearing?
Yes. Most Florida circuits order family mediation for contested issues before granting a trial date, and refusal can lead to sanctions or attorney’s fee awards.
Can I waive my spouse’s signature on the petition?
No. Only the petitioner signs the petition itself, but the respondent can sign a Waiver and Acceptance of Service, Form 12.902(a), to skip sheriff service.
Will the court divide my non-marital property?
No. Non-marital property under §61.075(6) is set aside to the original owner, but you must list it on the petition and prove the non-marital character with documents.
Can I restore a name I never legally held?
No. Florida’s restoration provision only allows return to a former legal name, so a brand-new name requires a separate petition under Fla. Stat. §68.07.
Is there a waiting period after filing?
Yes. Florida imposes a 20-day waiting period between filing and the final judgment under Fla. Stat. §61.19, and the court can extend it for good cause.
Can the court grant alimony I forgot to request?
No. Florida courts cannot grant relief that the petition does not request, so a missing alimony claim is permanently waived under the rule confirmed in Hahamovitch.
Related reading
- How to Fill Out Florida Form 12.901(a) (w/Examples) + FAQs
- How to Fill Out Florida Form 12.901(b)(3) (w/Examples) + FAQs
- How to Fill Out Florida Form 12.903(c)(2) (w/Examples) + FAQs
- How to Fill Out Florida Form 12.990(a) (w/Examples) + FAQs
- How to Fill Out Florida Form 12.990(b)(1) (w/Examples) + FAQs
- How to Fill Out Florida Form 12.990(b)(2) (w/Examples) + FAQs
- How to Fill Out Florida Form 12.930(d) (w/Examples) + FAQs