Florida Form 12.901(b)(3) is the Petition for Dissolution of Marriage with Property but No Dependent or Minor Child(ren), and you fill it out by completing every numbered section truthfully, signing it before a notary, attaching a Family Law Financial Affidavit, and filing it with the circuit court clerk in the county where you or your spouse live. The form lives on the Florida Courts self-help portal and is the primary vehicle for ending a marriage when the spouses share assets or debts but have no minor or dependent children together.
Filing the wrong form, missing a residency requirement under Florida Statute § 61.021, or hiding assets can delay your divorce by months, trigger sanctions, or even expose you to perjury charges under § 837.02. According to data published by the Florida Department of Health Vital Statistics, Florida records roughly 13 divorces per 1,000 married women each year, one of the highest rates in the nation.
Here is what you will learn in this guide:
- 📝 How to complete every paragraph of Form 12.901(b)(3) line by line.
- ⚖️ Which Florida statutes govern residency, property division, and alimony.
- 💡 Three named real-world examples that show right and wrong choices.
- 🚫 Seven common mistakes that get petitions rejected or delayed.
- 📚 A 12-question FAQ that answers the questions most filers ask.
What Form 12.901(b)(3) Is and When You Use It
Form 12.901(b)(3) is one of three petition forms approved by the Florida Supreme Court Family Law Rules of Procedure for ending a marriage. You use this version when you and your spouse own property together, owe joint debts, or one spouse seeks alimony, but you do not share any minor or dependent children. The word property covers houses, cars, bank accounts, retirement plans, businesses, and even household furniture.
The form is different from Form 12.901(b)(1), which adds the children sections, and from Form 12.901(b)(2), which has no property and no children. Filing the wrong version forces the clerk to reject your packet, and you must start the filing fee process again. The current filing fee in most Florida counties is roughly $409 under § 28.241, although a few counties add small surcharges.
A common misconception is that property only means real estate. The form treats every asset and every debt as property, so even a single shared credit card account triggers the (b)(3) version. Another misconception is that an uncontested case lets you skip this form. Uncontested cases still need a petition; they just resolve faster.
Who Qualifies to File
You qualify to file Form 12.901(b)(3) when at least one spouse has lived in Florida for six months before the filing date, the marriage is irretrievably broken under § 61.052, and you have no minor or dependent children together. The Florida Supreme Court confirmed strict residency in Gillman v. Gillman, 413 So. 2d 412, where a petition was dismissed because the spouse fell short of the six-month rule by a few weeks.
You can prove residency with a Florida driver license issued at least six months before filing, a voter registration card, or a sworn affidavit from a non-relative witness. Without proof, the judge will dismiss the case at the final hearing. The consequence of dismissal is wasted filing fees and the need to re-file, which adds at least 30 days to your timeline.
A common misconception is that owning a Florida vacation home counts as residency. It does not. Residency requires physical presence with the intent to remain, as the Second District explained in Perez v. Perez, 164 So. 3d 102.
How It Differs from a Simplified Dissolution
A simplified dissolution under Rule 12.105 requires both spouses to sign together, waive alimony, and agree on every asset and debt. Form 12.901(b)(3) does not require agreement and lets one spouse file alone. The trade-off is that (b)(3) involves service of process, an answer, mandatory disclosure, and often mediation.
The simplified track usually finishes in 30 to 45 days. A contested (b)(3) case often takes 6 to 12 months. The consequence of choosing the wrong track is either a dismissed simplified case or a contested case that drags on without need.
A common misconception is that uncontested filers must use the simplified form. Uncontested filers may use either form, and most attorneys steer clients toward (b)(3) because it preserves the right to alimony if circumstances change before the final judgment.
Step-by-Step Walk-Through of the Petition
The petition has nine numbered paragraphs plus signature, notary, and certificate-of-service blocks. The official form instructions tell you to type or print legibly in black ink. Skipping a paragraph is the single most common reason clerks bounce a petition back to the filer.
Each numbered paragraph asks for one fact. Florida courts treat the petition as a sworn pleading under Rule 12.030, so every word counts. The consequence of a vague answer is a motion for more definite statement under Rule 1.140(e), which delays the case by 20 days or more.
A common misconception is that you can write to be determined in a blank. Judges reject this language. Write unknown only if you truly cannot find the information after a diligent search.
Caption, Case Style, and Paragraph 1 (Jurisdiction)
The caption sits at the top of page one and names the Circuit Court of the [Judicial Circuit] in and for [County], Florida. The case number stays blank because the clerk assigns it on filing. Below the caption, you list the Petitioner (you) and the Respondent (your spouse) by full legal name.
Paragraph 1 asks the court to take jurisdiction. You state the petitioner’s residency in Florida for at least six months before filing. The consequence of a missing or false residency claim is dismissal under McIntyre v. McIntyre, 717 So. 2d 1107.
A real-world example: Maria Lopez moved to Tampa in January and tried to file in May. She amended her petition and waited until July to satisfy the six-month rule. The lesson is that the clock starts at physical move-in, not at lease signing.
Paragraph 2 (Marriage Facts) and Paragraph 3 (Grounds)
Paragraph 2 asks for the date and place of the marriage and a statement that the marriage is irretrievably broken. You attach a certified copy of your marriage certificate if you have one, although Florida does not require it. The grounds in Paragraph 3 are limited to irretrievable breakdown or mental incapacity of one spouse for at least three years under § 61.052(1)(b).
You do not list fault, adultery, or cruelty. Florida is a pure no-fault state, although fault may still affect alimony or property division when one spouse dissipated assets. The consequence of writing fault-based grounds is that the clerk may still accept the filing but the judge will strike the language at the first hearing.
A common misconception is that mental incapacity grounds are easy to use. They are not. You must serve a guardian ad litem and prove three years of adjudicated incapacity under Chapter 744.
Paragraph 4 (Children) and Paragraph 5 (Property)
Paragraph 4 confirms that you have no minor or dependent children together. Dependent includes any child between 18 and 19 still in high school under § 743.07. If you have any such child, you must switch to Form 12.901(b)(1) immediately.
Paragraph 5 lists every marital and non-marital asset and debt. You check boxes for real property, personal property, retirement accounts, and debts, and you attach a schedule if needed. The consequence of leaving an asset off is that the omitted asset stays joint property and one spouse can sue to partition it years later, as in Davis v. Dieujuste, 496 So. 2d 806.
A real-world example: James Carter forgot to list his 401(k) on his Orlando petition. Two years after the divorce, his ex-wife filed a partition action and recovered half of the post-marriage growth. The lesson is to list every account, even ones titled in one name.
Paragraph 6 (Spousal Support), Paragraph 7 (Other Relief), and Paragraph 8 (Name Change)
Paragraph 6 lets you request alimony under § 61.08. The 2023 alimony reform under Senate Bill 1416 eliminated permanent alimony and capped durational alimony at 50% of a short-term marriage, 60% of a moderate-term marriage, and 75% of a long-term marriage. The consequence of not asking for alimony in the petition is that you waive it permanently after the final judgment under Diffenderfer v. Diffenderfer, 491 So. 2d 265.
Paragraph 7 lets you ask for attorney’s fees under § 61.16. The Florida Supreme Court in Rosen v. Rosen, 696 So. 2d 697 held that fee awards depend on need and ability to pay, plus the conduct of each party.
Paragraph 8 restores a former last name. The judge cannot grant the change unless you ask in the petition, so leaving it blank means a separate $400 name-change petition later under Chapter 68.
Paragraph 9 (Signature, Notary, and Certificate of Service)
Paragraph 9 contains the signature block. You sign before a notary public or deputy clerk, and you swear that every statement is true under penalty of perjury. The consequence of signing without a notary is automatic rejection under Rule 12.080.
The certificate of service follows the signature. Because you have not yet served the respondent, you leave the service blank until after the sheriff or process server delivers the papers. After service, you file a Return of Service with the clerk.
A common misconception is that emailing the petition to your spouse counts as service. It does not, unless your spouse signs an Answer and Waiver of Service Form 12.902(i) before a notary.
Required Attachments and Companion Forms
The petition rarely travels alone. Florida’s mandatory disclosure rule 12.285 demands a financial affidavit and a stack of supporting documents within 45 days of service. Filing without these triggers a motion to compel and possible sanctions.
The clerk will accept a petition without the disclosure packet, but the judge will not grant a final judgment until the packet is complete. The consequence of stalling on disclosure is contempt under § 61.13(7).
A common misconception is that uncontested cases skip disclosure. They do not. Both spouses must sign a written waiver under Rule 12.285(d) to skip it.
The Family Law Financial Affidavit
If your gross annual income is under $50,000, you file the Short Form 12.902(b). If it is $50,000 or more, you file the Long Form 12.902(c). The form lists every paycheck, deduction, monthly expense, asset, and debt.
You sign the affidavit under oath. False numbers expose you to perjury under § 837.02, a third-degree felony punishable by up to five years in prison. The Fourth District Court of Appeal in Tarnawski v. Tarnawski, 851 So. 2d 239 reopened a divorce after the husband hid a brokerage account.
A real-world example: Linda Patel under-reported her freelance income on a Miami affidavit. The judge imposed $4,200 in attorney’s fees against her after her husband subpoenaed bank records. The lesson is that bank records always surface, so honesty is the cheapest path.
Notice of Social Security Number and UCCJEA
You file Form 12.902(j), the Notice of Social Security Number, with the petition. The clerk keeps it confidential under § 119.071(5).
The UCCJEA affidavit (Form 12.902(d)) is not required for (b)(3) filers because there are no children. Filing it anyway does no harm but adds clutter. The consequence of skipping the SSN notice is a clerk rejection.
A common misconception is that you must list the SSN inside the petition itself. You never put a Social Security number on a public pleading.
Summons and Process Server Paperwork
You prepare a Summons (Form 12.910(a)) for the clerk to issue. After issuance, a sheriff or certified process server delivers the summons and petition to the respondent. Sheriff fees run about $40 in most counties, while private servers charge $75 to $125.
The respondent has 20 days to file an answer. The consequence of no answer is a motion for default under Rule 1.500, which lets you proceed without further notice.
A common misconception is that you can serve your own spouse. Florida bars the petitioner from serving process under § 48.021.
Three Common Filing Scenarios
The form fits many fact patterns, but three scenarios cover most filers. Each scenario shows the action you take inside the form and the legal consequence that follows. Read each table carefully before you write anything in the blanks.
The scenarios assume Florida residency, no minor children, and at least one shared asset. Real cases mix elements from each scenario, so adapt the lessons to your facts.
Scenario 1: Long-Term Marriage with a Jointly Owned Home
| Filing Action | Legal Consequence |
|---|---|
| List the Tampa home in Paragraph 5 with the deed book and page number. | The court gains in rem jurisdiction to order sale or buyout under § 61.075. |
| Request durational alimony in Paragraph 6 for a 22-year marriage. | The judge can award up to 75% of the marital length under SB 1416. |
| Attach Long Form Financial Affidavit 12.902(c) showing $95,000 income. | The judge sees the full need-and-ability picture for alimony. |
| Ask for exclusive use of the home in Paragraph 7 pending sale. | The court issues a temporary order under § 61.071 after a hearing. |
Scenario 2: Short-Term Marriage with Separate Retirement Accounts
| Filing Action | Legal Consequence |
|---|---|
| List each 401(k) in Paragraph 5 and label any premarital balance as non-marital. | Non-marital portions stay with the original owner under § 61.075(6). |
| Skip the alimony request in Paragraph 6 because the marriage lasted 3 years. | Short-term marriages rarely receive alimony after 2023 reform. |
| Attach Short Form Financial Affidavit 12.902(b) for income under $50,000. | The judge accepts the simplified disclosure. |
| Request restoration of maiden name in Paragraph 8. | The final judgment includes the name change at no extra cost. |
Scenario 3: Contested Small-Business Asset
| Filing Action | Legal Consequence |
|---|---|
| List the Orlando LLC in Paragraph 5 with EIN and member shares. | The court orders a business valuation under § 61.075(3). |
| Request attorney’s fees in Paragraph 7 under § 61.16. | The judge applies the Rosen factors to allocate fees. |
| File a Notice of Related Case if a partner sued the LLC separately. | The court coordinates discovery to avoid duplicate orders. |
| Demand a special master in Paragraph 7 for forensic accounting. | A neutral CPA produces a binding valuation report. |
Mistakes to Avoid
Even careful filers stumble on the same issues. The list below collects the seven errors Florida family clerks see most often. Each error has a real consequence, sometimes measured in months of delay or thousands of dollars.
Read each mistake before you sign the petition, and ask a clerk’s self-help center for a final review. The Florida Courts Self-Help Center directory lists every county.
- Filing under the wrong residency county. Florida venue rules in § 47.011 place the case where the cause of action accrued or where the respondent lives, and a wrong county invites a motion to transfer that wastes 60 days.
- Forgetting to notarize the petition. An unsigned or un-notarized petition is a legal nullity, and the clerk will refuse the filing fee.
- Listing fault as a ground. Florida is no-fault, so allegations of adultery in Paragraph 3 get stricken and may invite a motion for sanctions.
- Hiding a bank account or side-business income. Concealment violates Rule 12.285 and exposes you to fee awards under Rosen plus possible perjury charges.
- Waiving alimony silently. Leaving Paragraph 6 blank is treated as a waiver, and you cannot reopen it after the final judgment under Diffenderfer.
- Serving your own spouse. Personal service by the petitioner is void, and the case restarts with a new summons.
- Skipping the Notice of Social Security Number. The clerk rejects the packet on intake, and you lose your place in the filing queue.
Do’s and Don’ts for Form 12.901(b)(3)
A short list of do’s and don’ts can save you weeks of correction. The list below draws on guidance from the Eleventh Judicial Circuit Family Court and the Ninth Judicial Circuit.
Treat each item as a checklist before you walk into the clerk’s office or hit upload on the e-filing portal.
- Do type the form whenever possible, because handwritten forms slow scanning and OCR.
- Do attach a property schedule if Paragraph 5 runs out of room, labeled Exhibit A.
- Do keep two clerk-stamped copies for your file and for the respondent.
- Do file electronically through the Florida Courts E-Filing Portal for instant case numbers.
- Do ask for fee waiver under § 57.082 if you qualify for legal aid.
- Don’t leave any paragraph blank, because clerks treat blanks as defects.
- Don’t sign the petition before reaching the notary station.
- Don’t include credit card numbers, even on attached statements.
- Don’t rely on screenshots of bank balances; use full PDF statements.
- Don’t assume the judge reads every word; bold or underline critical language.
Pros and Cons of Filing on Your Own
Filing pro se with Form 12.901(b)(3) saves money but adds risk. Florida’s Family Law Self-Help Resources make pro se filing realistic, yet the Florida Bar 2024 Family Law Section Report shows pro se cases finish 30 days slower on average.
Weigh the trade-offs before you decide whether to retain counsel.
- Pro: Filing fees plus a process server cost about $500, far less than the $5,000 retainer most attorneys charge.
- Pro: You control the timeline and the wording of every pleading.
- Pro: Florida’s self-help portal includes free instructional videos that walk through each form.
- Pro: Uncontested cases finish in as little as 90 days.
- Pro: You learn the procedure, which helps with later issues like alimony modification.
- Con: A drafting error can waive alimony or property rights forever.
- Con: Hearings move quickly, and judges rarely explain rulings to pro se litigants.
- Con: Discovery rules under Rule 12.280 are complex.
- Con: Process service errors restart the clock and add cost.
- Con: Tax and retirement-division issues often require a Qualified Domestic Relations Order drafted by a specialist.
Filing, Service, and Next Steps After the Petition
Once you sign and notarize Form 12.901(b)(3), the next stop is the clerk’s office or the e-filing portal. The clerk stamps the petition, assigns a case number, and issues the summons. The total filing fee in 2026 ranges from about $409 to $418 depending on county surcharges.
After the clerk issues the summons, a sheriff or certified server delivers the packet to the respondent. The 20-day answer clock starts the moment the respondent receives the papers. The consequence of an untimely answer is a default that lets the petitioner finish the case alone.
A common misconception is that the divorce becomes final the day you file. It does not. Even uncontested cases require at least 20 days plus a final hearing under Rule 12.440.
Mediation, Mandatory Disclosure, and Final Hearing
Most Florida circuits order mediation before a contested final hearing under § 44.102. Mediator fees range from $80 to $150 per hour per party at county-subsidized rates. The consequence of skipping a court-ordered mediation is contempt and possible dismissal.
Mandatory disclosure under Rule 12.285 must be exchanged within 45 days of service. The list includes three years of tax returns, three months of pay stubs, twelve months of bank statements, retirement statements, and loan applications. The consequence of incomplete disclosure is a motion to compel and a fee award.
The final hearing wraps everything up. The judge reviews the marital settlement agreement (or holds an evidentiary hearing if contested), confirms residency, and signs the final judgment. The clerk then mails certified copies that you use to update deeds, retirement plans, and Social Security records.
Modifying or Appealing the Final Judgment
You have 30 days to appeal a final judgment under Florida Rule of Appellate Procedure 9.110. Appeals focus on legal error, not factual disagreement, so review the record with care.
Modifications of alimony or property orders go back to the trial court under § 61.14. You must show a substantial change in circumstances that was not contemplated at entry of the judgment, as the Florida Supreme Court explained in Pimm v. Pimm, 601 So. 2d 534.
A common misconception is that property division can be modified later. It cannot, except for fraud or newly discovered assets under Rule 12.540. Once the judgment divides the house and the 401(k), those decisions are final.
Three Named Examples to Anchor the Rules
Real names and real facts make the rules stick. Each example below tracks a fictional but realistic Florida filer through Form 12.901(b)(3). The lessons apply to most readers.
Use the examples as templates, not as legal advice. Your facts will differ.
Example A: Maria Lopez in Tampa
Maria moved from Atlanta to Tampa on July 1, 2025. She filed Form 12.901(b)(3) on January 5, 2026, listing a jointly owned condo and a shared car loan. She requested durational alimony for the 11-year marriage and asked to restore her maiden name.
The Hillsborough County clerk accepted the packet because Maria crossed the six-month residency line by four days. Her final judgment entered six months later awarded 60% of the marriage length in alimony, sale of the condo, and a name restoration. The lesson is that timing matters down to the day.
Example B: James Carter in Orlando
James filed in Orange County after a 4-year marriage. His petition listed his pre-marital 401(k) but mistakenly checked it as marital property. The judge applied Massis v. Massis, 551 So. 2d 587 and awarded the pre-marital portion back to James, but only after James paid $1,200 to a forensic accountant.
The lesson is to label non-marital portions clearly in Paragraph 5 to avoid valuation costs. Honest mistakes cost real money. James now teaches a self-help class at the Ninth Circuit Self-Help Center.
Example C: Linda Patel in Miami
Linda owned a small catering LLC. She listed the business in Paragraph 5 and requested attorney’s fees in Paragraph 7. The Eleventh Circuit appointed a special master who valued the business at $185,000, far below the husband’s $400,000 estimate.
The judge accepted the special master’s report under Walton v. Walton, 657 So. 2d 1214 and awarded Linda 50% of the value as a buyout. The lesson is that asking for a special master in the petition saves months of expert-witness fights at trial.
Frequently Asked Questions
Do I need a lawyer to file Form 12.901(b)(3)?
No. Florida allows pro se filing, and the Florida Courts self-help portal offers free instructions, but a lawyer is wise when alimony, retirement plans, or business interests are involved.
Can I file if my spouse lives in another state?
Yes. As long as you have lived in Florida for six months, you may file here, although you must serve the out-of-state spouse under § 48.193 long-arm rules.
Is Florida a 50/50 property state?
No. Florida follows equitable distribution under § 61.075, which begins with a presumption of equal division but allows adjustments for misconduct, contributions, and economic factors.
Do I have to pay the filing fee up front?
No. Indigent filers may apply for a fee waiver under § 57.082, and the clerk decides eligibility within a few days.
Can I e-file the petition?
Yes. The Florida Courts E-Filing Portal accepts Form 12.901(b)(3) and most companion forms, providing instant time-stamps and case numbers.
Does my spouse have to agree to the divorce?
No. Florida grants a divorce on the testimony of one spouse that the marriage is irretrievably broken, although the judge may order counseling for up to three months under § 61.052(2).
Will the judge force the sale of our house?
Yes. The judge can order sale of marital real estate when neither spouse can afford a buyout, under § 61.075 and Goley v. Goley, 272 So. 3d 800.
Can I change the petition after filing?
Yes. You may amend once as a matter of right before the respondent answers, under Rule 1.190(a), and only with leave of court afterward.
How long does an uncontested case take?
No universal timeline exists, but most uncontested (b)(3) cases finish in 90 to 120 days once the respondent waives service and signs a marital settlement agreement.
Do I list debts as well as assets?
Yes. Paragraph 5 covers both, and omitting a debt can leave you jointly liable to the creditor even after divorce, despite the judgment dividing it.
Is alimony still available after the 2023 reform?
Yes. Senate Bill 1416 eliminated permanent alimony but preserved bridge-the-gap, rehabilitative, and durational alimony under § 61.08, with caps tied to marriage length.
Can I keep my divorce records private?
No. Florida divorce records are public under Chapter 119, but you may move to seal financial affidavits and Social Security notices for limited cause.
Related reading
- How to Fill Out Divorce Papers in Florida (w/Examples) + FAQs
- How to Fill Out Florida Form 12.901(b)(1) (w/Examples) + FAQs
- How to Fill Out Florida Form 12.901(b)(2) (w/Examples) + FAQs
- How to Fill Out Florida Form 12.902(f)(1) (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 12.930(d) (w/Examples) + FAQs